The South Australian Law Reports: Report of Cases Determined in the Supreme Court of Australia, Volume 13

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Law Book Company of Australasia, 1882
 

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Página 177 - Lord's day, and repairing to the church thereon, be carefully put in execution : and that all and every person and persons whatsoever, shall, on every Lord's day, apply themselves to the observation of the same, by exercising themselves thereon in the duties of piety and true religion, publicly and privately...
Página 109 - Every consignee of goods named in a bill of lading, and every endorsee of a bill of lading to whom the property in the goods therein mentioned shall pass, upon or by reason of such consignment or endorsement, shall have transferred to and vested in him all rights of suit, and be subject to the same liabilities in respect of such goods as if the contract contained in the bill of lading had been made with himself.
Página 129 - Act, 1840, s. 6, it is 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...
Página 149 - Secondly, it may be apparent from the intrinsic nature and subject of the bargain itself; such as no man in his senses, and not under delusion, would make on the one hand, and as no honest and fair man would accept on the other; which are inequitable and unconscientious bargains, and of such even the Common Law has taken notice.
Página 143 - It may be apparent from the intrinsic value and subject of the bargain itself, — such as no man in his senses, and not under delusion, would make, on the one hand, and as no honest and fair man would accept, on the other.
Página 113 - Agency, section 160a, says that the doctrine maintained in the more recent authorities is, that 'if the agent possesses due authority to make a written contract, not under seal, and he makes it in his own name, whether he describes himself to be an agent or not, or whether the principal be known or unknown, he, the agent, will be liable to be sued and be entitled to sue thereon, and his principal also will be liable to be sued and be entitled to sue thereon in all cases...
Página 128 - Sumner, 78,) explains that process to be a proceeding in rem, and adds, that wherever a lien or claim is given upon the thing, then the Admiralty enforces it by a proceeding in rem, and, indeed, is the only court competent to enforce it.
Página 130 - ... (11) Claims in respect of the building, equipping, or repairing within any British possession of any ship of which no owner or part owner is domiciled within the possession at the time of the work being done...
Página 129 - This rule, which is simple and intelligible, is in our opinion applicable to all cases. It is not necessary to say that the lien is indelible, and may not be lost by negligence or delay where the rights of third parties may be compromised ; but where reasonable diligence is used, and the proceedings are had in good faith, the lien may be enforced, into whosesoever possession the thing may come.
Página 186 - Court shall admit the appeal, and the party or parties appellant shall be at liberty to prefer and prosecute his, her or their appeal to Her Majesty, her heirs and successors, in her or their Privy Council...

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