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Page 171 - The 13th Article was in these terms: "If two ships under steam are meeting end on, or nearly end on, so as to involve risk of collision, the helms of both shall be put to port, so that each may pass on the port side of the
Page 113 - upon any special promise to answer for the debt, default, or miscarriage of another person," "unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith, or some other person thereunto by him lawfully authorized.
Page 185 - proper precautions: Art. 20. Nothing in these rules shall exonerate any ship, or the owner, or master, or crew thereof, from the consequences of any neglect to carry lights or signals, or of any neglect to keep a proper look-out, or of the neglect of any precaution which may be required by the ordinary practice of seamen, or by the special circumstances of the
Page 171 - If two ships under steam are crossing, so as to involve risk of collision, the ship which has the other on her own starboard side, shall keep out of the way of the other.
Page 355 - Private right of ownership is a matter of fact; it may be also the result of matter of law; but if parties contract under a mutual mistake as to their relative and respective rights, the result is that that agreement is liable to be set aside, as having proceeded upon a common mistake.
Page 888 - The more literal construction of a section of a statute ought not to prevail if it is opposed to the intentions of the Legislature as apparent by the statute; and if the words are sufficiently flexible to admit of some other construction by which that intention will be better effectuated. Caledonian
Page 184 - Proviso to save special cases: Art. 19. In obeying and construing these rules due regard must be had to all dangers of navigation ; and due regard must also be had to any special circumstances which may exist in any particular case rendering a departure from
Page 479 - the said interlocutor of the Lords of Session in Scotland, of the First Division, of the 9th of July, 1880, complained of in the said appeal, be and the same is hereby reversed, except in so far as it recalls the interlocutor of the Lord Ordinary of the 27th of February, 1880:
Page 84 - to the conclusion, that the words upon which everything turns, ("which issue shall afterwards attain the age of twenty-one years or die under that age, leaving issue living at his, her, or their decease or deceases respectively,") are words of description, and not words of superadded