Bombay High Court Reports: Reports of Cases Decided in the High Court of Bombay. I-XII, 1862-1875, Հատոր 10

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Էջ 132 - A maritime lien is the foundation of the proceeding in rem — a process to make perfect a right inchoate from the moment the lien attaches; and whilst it must be admitted that, where such a lien exists, a proceeding in rem may be had, it will be found to be equally true that in all cases...
Էջ 179 - ... of such matter, except the document itself, or secondary evidence of its contents in cases in which secondary evidence is admissible under the provisions hereinbefore contained.
Էջ 115 - Be it enacted, that the High Court of Admiralty shall have jurisdiction to decide all claims and demands whatsoever in the nature of salvage for services rendered to or damage received by any ship or sea-going vessel, or in the nature of towage or for necessaries supplied to any foreign ship or sea-going vessel, and to enforce...
Էջ 131 - Lien where there was no possession, actual or constructive; but to express, as if by analogy, the nature of claims which neither presuppose nor originate in possession. This was well understood in the Civil Law, by which there might be a PLEDGE with possession and a Hypothecation without possession, and by which, in either case, the right travelled with the thing into whosesoever possession it came.
Էջ 134 - No officer of the country, civil or military, shall interfere therein, or take any part whatever in the matter : and the appeals from the said consular sentences shall be carried before the tribunals of France or of the United States, to whom it may appertain to take cognizance thereof.
Էջ 135 - ... of peace, amity, commerce and navigation, have declared solemnly, and do agree to the following points : 1st. The present treaty shall remain in full force and virtue for the term of twelve years, to be counted from the day of the exchange of the ratifications...
Էջ 114 - Laws ordinances and customs aforesaid and to pronounce, promulge and interpose all manner of Sentences and Decrees and to put the same in execution with Cognizance and jurisdiction of whatsoever other causes civil and maritime which relate to the Sea or which any manner of ways respect or concern the Sea or passage over the same or Naval or Maritime voyages or...
Էջ 133 - In cases of collision, it has been the practice of this country, and, so far as I know, of the European States and of the United States of America, to allow a party alleging grievance by a collision to proceed in rem against the ship wherever found, and this practice, it is manifest, is most conducive to justice, because in very many cases a remedy in personam would be impracticable.
Էջ 499 - When more persons than one are being tried jointly for the same offence, and a confession made by one of such persons affecting himself and some other of such persons is proved, the Court may take into consideration such confession as against such other person as well as against the person who makes such confession.
Էջ 115 - Admiralty shall have jurisdiction to decide all questions as to the title to or ownership of any ship or vessel, or the proceeds thereof remaining in the registry, arising in any cause of possession, salvage, damage, wages, or bottomry, which shall be instituted in the said Court after the passing of this Act.

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