The Jurisdiction and Practice of the High Court of Admiralty: Including a Sketch of the Proceedings on Appeal to the Privy Council, with Numerous Forms of Pleadings, Bills of Costs, &c., and A Supplement Containing "the County Courts Admiralty Jurisdiction Act, 1868," and the General Orders for Regulating the Practice of the Admiralty Jurisdiction of the County Courts and Courts of Passage

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W. Maxwell & son, 1869 - 646 pàgines

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Passatges populars

Pàgina 55 - In the first place, it may happen without blame being imputable to either party ; as where the loss is occasioned by a storm, or any other vis major : In that case, the misfortune must be borne by the party on whom it happens to light ; the other not being responsible to him in any degree.
Pàgina x - The High Court of Admiralty shall have Jurisdiction over any Claim by the Owner or Consignee or Assignee of any Bill of Lading of any Goods carried into any Port in England or Wales in any Ship, for Damage done to the Goods or any Part thereof by the Negligence or Misconduct of or for any Breach of Duty or Breach of Contract on the Part of the Owner, Master, or Crew of the Ship, unless it is shown to the Satisfaction of the Court that at the Time of the Institution of the Cause any Owner or Part...
Pàgina 55 - Secondly, a misfortune of this kind may arise where both parties are to blame; where there has been a want of due diligence or of skill on both sides: in such a case, the rule of law is that the loss must be apportioned between them, as having been occasioned by the fault of both of them.
Pàgina 175 - And in order that the above provisions as to forfeitures may be carried into effect, it shall be lawful for any commissioned officer on full pay in the military or naval service of Her Majesty, or any British officer of customs, or any British consular officer, to...
Pàgina 315 - ... 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...
Pàgina clxxviii - Canada for the time being and all other persons whom it may concern are to take notice and govern themselves accordingly.
Pàgina 5 - England, to define the limits of its jurisdiction ; by the first of which it is " accorded and assented, that the admirals and their deputies shall not meddle from henceforth of anything done within the realm, but only of a thing done upon the sea, as it hath been used in the time of the noble prince King Edward grandfather of our Lord the King that now is...
Pàgina 320 - ... commissioners of her majesty's treasury of the united kingdom of Great Britain and Ireland, or any three of them...
Pàgina viii - Chancellor, if he think fit, to order that such stamp shall be impressed thereon or affixed thereto, and thereupon, when a stamp shall have been impressed on such document or affixed thereto, in...
Pàgina xi - The High Court of Admiralty shall have jurisdiction over any claim by a seaman of any ship for wages earned by him on board the ship, whether the same be due under a special contract or otherwise, and also over any claim by the master of any ship for wages earned by him on board the ship, and for disbursements made by him on account of the ship...

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