A Treatise on the Jurisdiction of the High Court of Admiralty of EnglandW. Benning & Company, 1847 - 301 páginas |
Dentro del libro
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Página 16
... rules contained in this compilation were observed on the northern and western coasts of France , and may have been received therefore to a certain extent in England also at that time . By an ordinance of King John , at Hastings , these ...
... rules contained in this compilation were observed on the northern and western coasts of France , and may have been received therefore to a certain extent in England also at that time . By an ordinance of King John , at Hastings , these ...
Página 26
... rules of 1632 , they appear to have been as little regarded as those of 1575 ; the civilians , tired of the struggle , appear to have desired a peace , however disadvantageous , to war , however justly it might have been carried on ...
... rules of 1632 , they appear to have been as little regarded as those of 1575 ; the civilians , tired of the struggle , appear to have desired a peace , however disadvantageous , to war , however justly it might have been carried on ...
Página 27
... rule of locality to which it was at- tempted to confine the jurisdiction of the Admiralty , has almost entirely , but not quite , given way to the more rational one of the subject matter * to be adjudicated upon . It is not necessary to ...
... rule of locality to which it was at- tempted to confine the jurisdiction of the Admiralty , has almost entirely , but not quite , given way to the more rational one of the subject matter * to be adjudicated upon . It is not necessary to ...
Página 29
... rule can be given with safety . It may be observed as a general rule , but bearing in mind that it is , perhaps , more liable to exceptions than general rules usually are , that in all cases of contract or injury of a maritime nature ...
... rule can be given with safety . It may be observed as a general rule , but bearing in mind that it is , perhaps , more liable to exceptions than general rules usually are , that in all cases of contract or injury of a maritime nature ...
Página 31
... rules of natural justice . " † But to the expression , that the jurisdiction of the Admiralty Court is equitable , must be added the following qualification , extracted from a very recent case before the Judicial Committee of the Privy ...
... rules of natural justice . " † But to the expression , that the jurisdiction of the Admiralty Court is equitable , must be added the following qualification , extracted from a very recent case before the Judicial Committee of the Privy ...
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.