Reports of Cases Argued and Determined in the High Court of Admiralty, Volume 2; Volume 5
A. Strahan, 1833 - Admiralty
What people are saying - Write a review
We haven't found any reviews in the usual places.
Other editions - View all
Common terms and phrases
action actually Admiralty admitted affidavit agent alleged allowed amount appears applied arrival assistance authority award belonging Bermuda boats bond bottomry brought Capt captain cargo cause character charge circumstances claim common consideration considered contract costs Court crew demand direct distribution duty effect England entitled evidence expenses expressed facts February foreign further give given ground intention interest island judgment July June jurisdiction King's London Lord loss manner March mariner master mate necessary objection observed officers opinion Order in Council original owners paid parties payment persons pilot pirates port present principle proceedings proceeds question reason received reference relating respect rule sailed salvage salvors share ship slaves statute suit taken tender tion transfer vessel voyage wages whole witnesses
Page 176 - In any legal proceeding to recover such compensation, the person giving security shall be made defendant, and the production of the order of the judge, made in relation to the security, shall be conclusive evidence of the liability of the defendant to the proceeding.
Page 47 - ... as a security for repayment. It is moreover stipulated, that if the ship is lost in the course of the voyage, by any of the perils enumerated in the contract, the lender also shall lose his money ; but if the ship shall arrive safe, then he shall be paid back his principal, and also the interest agreed upon, called marine interest, however this may exceed the legal rate of interest.
Page 45 - ... then this obligation to be void and of no effect, otherwise to remain in full force and virtue.
Page 402 - Stafford from the time whereof the memory of Man is not to the contrary, have...
Page 104 - The state of slavery is of such a nature, that it is incapable of being introduced on any reasons, moral or political, but only...
Page 101 - ... of both kinds, which is said by some to be the prototype of slavery, had no other origin than ancient custom ; that a great part of the common law itself, in all its relations, has little other foundation than the same custom ; and that the practice of slavery, as it exists in Antigua, and several other of our colonies, though regulated by law, has been in many instances founded upon a similar authority.
Page 121 - a malus usus which the Court of the King's Privy Council and ' the Courts of Chancery are every day carrying into full effect ' in all considerations of property — in the one by appeal, and ' in the other by original causes — and all this enjoined and ' confirmed by statutes ? Still less is it to be considered as a ' mains usus in the colonies...
Page 81 - Mortgage, thereof, shall be made only as a — Security for the Payment of a Debt or Debts, either by way of Mortgage, or of Assignment to a Trustee or Trustees for the Purpose of selling the same for the Payment of any Debt or Debts, THEN and in every such Case the Collector and Comptroller...
Page 148 - The result of the evidence will be one of three alternatives, either a conviction in your mind that the loss was occasioned by accident, in which case it must be sustained by the party on whom it has fallen ; or a state of reasonable doubt as to the preponderance of evidence, which will have nearly the same effect; or third, a conviction that the party charged with being the cause of the accident is justly chargeable with the loss of this vessel according to the rules of navigation which ought to...
Page 95 - If she depends upon such freedom conveyed by a mere residence in England, she complains of a violation of right which she possessed no longer than whilst she resided in England, but which totally expired when that residence ceased, and she was imported into Antigua.