A Treatise on the Jurisdiction of the High Court of Admiralty of EnglandW. Benning & Company, 1847 - 301 էջ |
From inside the book
Արդյունքներ 14–ի 1-ից 5-ը:
Էջ 5
... existing previous to such period , and then to dismiss both Lambard and Spelman without further apology for having taken so much liberty with their opinions . We shall discover , on the contrary , that the origin of the jurisdiction ...
... existing previous to such period , and then to dismiss both Lambard and Spelman without further apology for having taken so much liberty with their opinions . We shall discover , on the contrary , that the origin of the jurisdiction ...
Էջ 16
... existing in the sea - officers of the king , such a tri- bunal was comparatively unknown till the reign of Ed- ward I. That this Monarch ( our English Justinian as he has been frequently called ) had paid as much attention to the ...
... existing in the sea - officers of the king , such a tri- bunal was comparatively unknown till the reign of Ed- ward I. That this Monarch ( our English Justinian as he has been frequently called ) had paid as much attention to the ...
Էջ 39
... existing between them and the master , still it is not so by the law of some other countries ; and by reason of the diversity in the law of different countries upon this subject , the Court of Admiralty will not entertain such a suit in ...
... existing between them and the master , still it is not so by the law of some other countries ; and by reason of the diversity in the law of different countries upon this subject , the Court of Admiralty will not entertain such a suit in ...
Էջ 78
... existing by the law of the country in which a bond has been given , when the ship was about to sail , furnishes a presumption in favour of its being a pure bottomry transaction ; and not a loan on personal credit . ‡ But where a bond ...
... existing by the law of the country in which a bond has been given , when the ship was about to sail , furnishes a presumption in favour of its being a pure bottomry transaction ; and not a loan on personal credit . ‡ But where a bond ...
Էջ 79
... existing by the law of the country where the transaction was made , and that a bottomry bond was resorted to , a special hypothecation being then necessary before the ship left such country . CHAP . IV . Advances on personal credit the ...
... existing by the law of the country where the transaction was made , and that a bottomry bond was resorted to , a special hypothecation being then necessary before the ship left such country . CHAP . IV . Advances on personal credit the ...
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A Treatise on the Jurisdiction of the High Court of Admiralty of England Edwin Edwards Դիտել հնարավոր չէ - 2016 |
A Treatise on the Jurisdiction of the High Court of Admiralty of England Edwin Edwards Դիտել հնարավոր չէ - 2019 |
Common terms and phrases
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
Սիրված հատվածներ
Էջ 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.
Էջ 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...
Էջ 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.
Էջ 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...
Էջ 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,...
Էջ 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...
Էջ 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...
Էջ 273 - ... commissioners of her majesty's treasury of the united kingdom of Great Britain and Ireland, or any three of them...
Էջ 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.
Էջ 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.