De Jure Maritimo Et Navali, Or, A Treatise of Affairs Maritime and of Commerce: In Three Books

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J. Walthoe junior, and J. Wotton, 1722 - Commercial law - 495 pages

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Page 275 - He adds : • it is used for a contribution that merchants and others do proportionably make towards their losses, who have their goods cast into the sea for the safeguard of the ship, or of the goods and lives of them in the ship, in time of tempest.
Page 261 - And the diversity was taken and agreed betweene an indenture reciprocall betweene parties on the one side, and parties on the other side, as this was; for there no bond, covenant, or grant can be made to or with any that is not party to the deed. But where the deed indented is not reciprocall, but is without a between, etc.
Page 447 - Upon motion to make his submission a rule of court, it was objected, that these words did not imply his consent, but if he would forfeit his bond, he need not let it be made a rule of court; yet...
Page 238 - ... the particular marks, ** numbers, qualities, and contents of every parcel of " goods therein laden, to the beft of his knowledge ; " alfo where and in what port fhe took in her lading, *' of what country built, how manned, who was her * mafter during the voyage, and who are the owners
Page 229 - ... the law looks upon him as an officer, who must render and give an account for the whole charge, when once committed to his care and...
Page 67 - Ship, &c. to Pyrates, or combine to yield up, or run away with any Ship, or lay violent Hands on his Commander, or endeavour to make a Revolt in the Ship, he shall be adjudged a Pyrate.
Page 285 - The policies now-a-days are so large, that almost all those curious questions, that former ages and the civilians, according to the law marine, nay, and the common lawyers too, have controverted, are now out of debate.
Page 297 - ... be accounted and efteemed a full and complete payment of fuch debt, if fuch perfon, accepting of any fuch bill for his debt, doth not take his due courfe to obtain payment thereof, by endeavouring to get the fame accepted and paid, and make his proteft, as aforefaid, either for non-acceptance, or non-payment thereof. VIII. Provided, That nothing herein contained (hall extend to difcharge any remedy, that any perfon may have againft the drawer accepter or indorfer of fuch bill.
Page 388 - If an alien Christian or infidel purchase houses, lands, tenements or hereditaments, to him and his heirs, albeit he can have no heirs, yet he is of capacity to take a fee simple but not to hold. For upon an office found, the king shall have it by his prerogative, of whomsoever the land is holden. And so it is if the alien doth purchase land and die, the law doth cast the freehold and inheritance upon the king. If an alien purchase...
Page 457 - a merchant stranger made suit before the King's privy council, for certain bales of silk feloniously taken from him, wherein it was moved that this matter should be determined at common law; but the Lord Chancellor answered, that this suit is brought by a merchant who is not bound to sue according to the law of the land, nor to tarry the trial of twelve men.

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