A Treatise on the Jurisdiction of the High Court of Admiralty of EnglandW. Benning & Company, 1847 - 301 páginas |
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Página 49
... lien thereon . [ The ship having been arrested by the mariners , the right of the mortgagees to proceed against the ship was not denied , but the question was as to the freight . ] The learned judge , with reference to the statute 3 & 4 ...
... lien thereon . [ The ship having been arrested by the mariners , the right of the mortgagees to proceed against the ship was not denied , but the question was as to the freight . ] The learned judge , with reference to the statute 3 & 4 ...
Página 61
... lien on the body of the ship ; Watkinson v . Barnardiston * , being a direct authority to the contrary : and if the ship in the river , infra corpus comitatus , should be proceeded against and stopped for such debt , the courts of law ...
... lien on the body of the ship ; Watkinson v . Barnardiston * , being a direct authority to the contrary : and if the ship in the river , infra corpus comitatus , should be proceeded against and stopped for such debt , the courts of law ...
Página 76
... lien a suitor in a cause of damage has on the ship doing the damage , with reference to prior claims of a mortgagee or bond- holder , or with reference to repairs effected or money advanced on bottomry or otherwise subsequently . case ...
... lien a suitor in a cause of damage has on the ship doing the damage , with reference to prior claims of a mortgagee or bond- holder , or with reference to repairs effected or money advanced on bottomry or otherwise subsequently . case ...
Página 78
... lien by considered , in which persons supplying a ship with necessaries ( in the diction of the Admiralty Court , known as material - men ) have the benefit of a lien on the ship . By the law of many maritime states this privilege ...
... lien by considered , in which persons supplying a ship with necessaries ( in the diction of the Admiralty Court , known as material - men ) have the benefit of a lien on the ship . By the law of many maritime states this privilege ...
Página 79
... lien or right to retain the ship , still where money & c . , is furnished on the personal credit of the owners , and not upon the security of the ship and freight , the ship cannot be made subsequently liable * ; but where there has ...
... lien or right to retain the ship , still where money & c . , is furnished on the personal credit of the owners , and not upon the security of the ship and freight , the ship cannot be made subsequently liable * ; but where there has ...
Otras ediciones - Ver todas
A Treatise on the Jurisdiction of the High Court of Admiralty of England Edwin Edwards Sin vista previa disponible - 2016 |
A Treatise on the Jurisdiction of the High Court of Admiralty of England Edwin Edwards Sin vista previa disponible - 2019 |
Términos y frases comunes
Admi Admiralty Court Admiralty jurisdiction aforesaid agreement appears applied arrest authority award bail bottomry bond British captors ceeds CHAP charter-party claim common law condemned contract Court of Admiralty courts of common Crown damage decided decree diction Dodson's Admiralty Reports droits of Admiralty enacted enforce entertain entitled equitable exercise foreign port foreign ship given granted Haggard's Admiralty Reports held High Court high seas hypothecation insolvent instance interest juris justice king King's Bench law of nations liable lien Lord Mansfield Lord Stowell Lord Tenterden Majesty's mariner maritime law master material-men miralty monition mortgagee nature necessary Oleron owners paid part-owners parties payment personal credit pirates present learned Judge principle Prize Court proceeding proceeds prohibition question ralty reason registrar rendered respect Robinson's Admiralty Reports rule salvage salvors seamen ship and cargo ship or vessel statute suit taken thereof tion transaction Vice Admiralty Court voyage wages
Pasajes populares
Página 162 - Necessaries supplied to any Foreign Ship or Sea-going Vessel, and to enforce the Payment thereof, whether such Ship or Vessel may have been within the Body of a County, or upon the High Seas, at the Time when the Services were rendered or Damage received, or Necessaries furnished, in respect of which such Claim is made.
Página 239 - The seat of judicial authority is, indeed, locally here, in the belligerent country, according to the known law and practice of nations; but the law itself has no locality. It is the duty of the person who sits here to determine this question exactly as he would determine the same question if sitting at Stockholm...
Página 110 - ... necessaries supplied to any foreign ship or sea-going vessel, and to enforce the payment thereof, whether such ship or vessel may have been within the body of a county, or upon the high seas, at the time when the services were rendered or damage received, or necessaries furnished, in respect of which such claim is made.
Página 140 - No seaman shall by any agreement forfeit his lien upon the ship, or be deprived of any remedy for the recovery of his wages to which he would otherwise have been entitled ; and every stipulation in any agreement inconsistent with any provision of this act, and every stipulation by which any seaman...
Página 242 - ... courts if required to enforce an Act of Parliament which contradicted those principles is a question which I presume they would not entertain a priori; because they will not entertain a priori the supposition that any such will arise. In like manner, this court will not let itself loose into speculations as to what would be its duty under such an emergency; because it cannot, without extreme indecency, presume that any such emergency will happen; and it is the less disposed to entertain them,...
Página 266 - ... required, to make, if need be, a special report to the court touching such examination, and the conduct or absence of any witness or other person thereon or relating thereto...
Página 245 - The slave trade has gince been totally abolished by this country, and our legislature has pronounced it to be contrary to the principles of justice and humanity. Whatever we might think as individuals before, we could not, sitting as judges in a British Court of justice, regard the trade in that light while our own laws permitted it. But we can now assert that this trade cannot, abstractedly speaking, have a legitimate existence. " When I say abstractedly speaking...
Página 273 - ... commissioners of her majesty's treasury of the united kingdom of Great Britain and Ireland, or any three of them...
Página 236 - Simple or particular average is not a very accurate expression, for it means damage incurred by, or for, one part of the concern, which that part must bear alone ; so that in fact it is no average at all, but still the expression is sufficiently understood, and received into familiar use.
Página 261 - With respect to the parties liable to pay salvage, and the interest in respect of which it is payable, the rule is, that the property actually benefited is alone chargeable with the salvage recovered.