A Treatise on the Law of Shipping

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T. & J. W. Johnson, 1853 - 580 էջ
 

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Էջ 206 - The true and appropriate office of a usage or custom is to interpret the otherwise indeterminate intentions of parties, and to ascertain the nature and extent of their contracts, arising not from express stipulations, but from mere implications and presumptions, and acts of a doubtful or equivocal character.
Էջ 426 - To bring a person within the description of a common carrier, he must exercise it as a public employment ; he must undertake to carry goods for persons generally ; and he must hold himself out as ready to engage in the transportation of goods for hire, as a business, not as a casual occupation pro hac vice.
Էջ 137 - ... shall, on conviction thereof, be punished, by fine not exceeding five hundred dollars, or by imprisonment, not exceeding three months, or both, according to the nature and aggravation of the offence.
Էջ 501 - I much doubt that; for where the bill of lading expresses that the goods are to be delivered to the consignee or his assigns, he or they paying freight...
Էջ 426 - common carrier" has, therefore, been defined to be one who undertakes for hire or reward to transport the goods of such as choose to employ him from place to place.
Էջ 300 - But if this argument were to prevail, the deviation of the master, which is undoubtedly a ground of action against the owner, would never, or only under very peculiar circumstances, entitle the plaintiff to recover. For if a ship is captured in the course of deviation, no one can be certain that she might not have been captured if in her proper course. And yet, in Parker v.
Էջ 439 - But admitting the right thus to restrict his obligation, it by no means follows, that he can do so by any act of his own. He is in the exercise of a sort of public office, and has public duties to perform, from which he should not be permitted to exonerate himself without the assent of the parties concerned. And this is not to be implied or inferred from a general notice to the publie, limiting his obligation, which may or may not be assented to.
Էջ 36 - Stat., 809,) and it provides : " that from and after the termination of the war in which the United States are now engaged with Great Britain, it shall not be lawful to employ, on board of any public or private vessels of the United States, any person or persons except citizens of the United States, or persons of color, natives of the United States.
Էջ 423 - States shall have, possess, and exercise the same jurisdiction in matters of contract and tort, arising in, upon, or concerning steamboats, and other vessels of twenty tons burden and upwards, enrolled and licensed for the coasting trade, and at the time employed in business of commerce and navigation between ports and places in different States and Territories...
Էջ 53 - All interlineations, erasures, or writing in a hand different from that in which such duplicates were originally made, shall be deemed fraudulent alterations, working no change in such papers, unless satisfactorily explained in a manner consistent with innocent purposes and the provisions of law which guard the rights of mariners.

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