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Manual of International Law, for the Use of Navies, Colonies and ..., Volume 2
Jan Helenus Ferguson
Visualização completa - 1884
according action acts allowed amount applicable arrival authority average belonging bill bound called cargo caused charges civilized claim collision common competent concerned conformity Conscience consequence constitute contract Court creditors crew damage domicile Droit duties Edit effect established evidence exercise existing fact force foreign freight give given Government human individual insolvent insured interest International Law jurisdiction Justice Law of Nature legislation lex fori lex loci liable limited loss maritime master ment mentioned mind Moral Moral Law Nations navigation necessary noted object obligations officers Organism original owner parties payment person Political port possession present principle protection question reason received regard regulations relations residence respective rules ship ship's taken term territorial territorial waters tion trade treaty unless usages vessel voyage
Página 324 - London, (the act of God, the queen's enemies, fire, and all and every other dangers and accidents of the seas, rivers, and navigation, of whatever nature and kind soever, excepted,) unto order or to assigns, he or they paying freight for the said goods at 51.
Página 465 - If he fails so to do, and no reasonable cause for such failure is shown, the collision shall, in the absence of proof to the contrary, be deemed to have been caused by his wrongful act, neglect, or default.
Página 477 - Act provides that no owner or master of any ship shall be answerable to any person whatever for any loss or damage occasioned by the fault or incapacity of any qualified pilot acting in charge of such ship within any district where the employment of a pilot is compulsory by law.
Página 326 - ... 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 327 - Every bill of lading in the hands of a consignee or endorsee for valuable consideration, representing goods to have been shipped on board a vessel, shall be conclusive evidence of such shipment as against the master or other person signing the same, notwithstanding that such goods or some part thereof may not have been so shipped...
Página 451 - It would be obviously inconvenient and dangerous to society, and would subject the laws to continual infraction, and the government to degradation, If such individuals or merchants did not owe temporary and local allegiance, and were not amenable to the jurisdiction of the country.
Página 327 - ... notwithstanding that such goods or some part thereof may not have been so shipped, unless such holder of the bill of lading shall have had actual notice at the time of receiving the same that the goods had not been in fact laden on board: Provided, that the master or other person so signing may exonerate himself in respect of such misrepresentation by showing that it was caused without any default on his part, and wholly by the fraud of the shipper or of the holder, or some person under whom...
Página 471 - But when, as in this case, a ship at the time of a collision is in actual violation of a statutory rule intended to prevent collisions, it is no more than a reasonable presumption that the fault, if not the sole cause, was at least a contributory cause of the disaster. In such a case the burden rests upon the ship of showing not merely that her fault might not have been one of the causes, or that it probably was not, but that it could not have been.