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A Handbook on the Law of Shipping and Marine Insurance
John Robb Baxter Bruce
No preview available - 2013
13 East 58 Vict 9 Jur action Admiralty Court agent agreement amount arise assured average act bill of lading Bing bottomry breach Camp cargo cargo-owner chartered owner charterparty circumstances claim collision commencement consignee consignor contract damage decided delivery demurrage deviation discharge Edit entitled to salvage Gibson Hagg held implied intended James Seddon jettisoned jurisdiction justified liability Lord Ellenborough Lord Tenterden Lush marine insurance maritime lien master and crew Merchant Shipping Act mortgage necessary notice of abandonment paid particular average parties payment perils insured person port of destination possession purchaser rendered repairs responsible right of stoppage risk rule salved salvors seaman seaworthy sect shipowner shipper statute stoppage in transitu subject of insurance Sydney Cove Taunt tion total loss transhipping transit Treatise underwriter United Kingdom unless unseaworthiness vendor vessel vols voyage wages warranty Wilson
Page 154 - NB — Corn, fish, salt, fruit, flour, and seed are warranted free from average, unless general, or the ship be stranded — sugar, tobacco, hemp, flax, hides and skins are warranted free from average, under five pounds per cent., and all other goods, also the ship and freight, are warranted free from average, under three pounds per cent, unless general, or the ship be stranded.
Page 83 - In any cause or proceeding for damages arising out of a collision between two ships, if both ships shall be found to have been in fault, the rules hitherto in force in the High Court of Admiralty, so far as they have been at variance with the rules in force in the Courts of Common Law, shall prevail.
Page 118 - In the event of the seaman's wages or any part thereof not being paid or settled as in this section mentioned, then, unless the delay is due to the act or default of the seaman, or to any reasonable dispute as to liability, or to any other cause not being the wrongful act or default of the owner or master, the seaman's wages shall continue to run and be payable until the time of the final settlement thereof.
Page 159 - ... of the seas, men of war, fire, enemies, pirates, rovers, thieves, jettisons, letters of mart and countermart, surprisals, takings at sea, arrests, restraints, and detainments of all kings, princes, and people, of what nation, condition, or quality soever, barratry of the master and mariners, and of all other perils, losses, and misfortunes, that have or shall come to the hurt, detriment, or damage of the said goods and merchandises, and ship, &c., or any part thereof.
Page 159 - Fire, Enemies, Pirates, Rovers, Thieves, Jettisons, Letters of Mart and Countermart, Surprisals, Takings at Sea, Arrests, Restraints and Detainments of all Kings, Princes and People, of what Nation, Condition, or Quality soever...
Page 91 - The High Court of Admiralty shall have Jurisdiction over any Claim for Necessaries supplied to any Ship elsewhere than in the Port to which the Ship belongs, unless it is shown to the Satisfaction of the Court that at the Time of the Institution of the Cause any Owner or Part Owner of the Ship is domiciled in England or Wales...
Page 138 - And be it enacted, that all contracts or agreements, whether by parol or in writing, by way of gaming or wagering, shall be null and void ; and that no suit shall be brought or maintained in any Court of law or equity for recovering any sum of money or valuable thing alleged to be won upon any wager, or which shall have been deposited in the hands of any person to abide the event on which any wager shall have been made...
Page 81 - ... of the person in charge of the deck of the ship at the time, unless it is shown to the satisfaction of the court that the circumstances of the case made a departure from the regulation necessary.
Page 130 - But a sum of money payable before the arrival of the ship at her port of discharge, and payable by the shippers of the goods at the port of shipment, does not acquire the legal character of freight, because it is described under that name in a bill of lading, nor does it acquire the legal incidents of freight. It is, in effect, money to be paid for taking the goods on board and undertaking to carry, and not for carrying them.