Imágenes de páginas
PDF
EPUB

INDEX.

ADJUSTMENT,

where to take place at port of ultimate destination, 23.

at port of destination, 23.

rules in reference to, 24.

where all shippers are British subjects, 26.

expenses charged in, 41.

ADMIRALTY COURT ACT, 1861, 34.

ARMED FORCE,

where, boards a ship, 69.

Assured,

not at liberty to approbate and reprobate, 30, 31.

AVERAGE,

expression-a Latin term, 1.

in its original form, 1.

variously defined, 2.

as used in contract of marine insurance, 2.

a rateable contribution to damage, 2.

two kinds of, 3.

term, sufficiently understood and received into common use, 3.
customary, 4.

petty, 4.

what word "general" in reference to, means, 16.

contribution part of the law of the sea, 17.

where, to be adjusted at place of destination, 26.

what owner of British ship may avail himself of in, 28.

what constitutes an act, 67.

in, there must be danger and sacrifice, 68, 69.

AVERAGE ADJUsters,

practice of, 68.

a profession-nothing more, 68.

in what cases all agreed, 63.

profession or calling of, 84.

BILL OF LADING,

where person receives goods in pursuance of, 35.
"fire on board," exception in, 61.

CARGO,

Damage to, caused by salt water, 41.

where, as a whole landed safely, 42.

CASES CITED:

Aitchison v. Lohre, 6.

Alsace Lorraine, 89.

Anglo-Argentine Live Stock Company v. Temperley Shipping

Company, 81, 82.

Arminta (Feran), 75.
Atwood v. Sellar, 51.
Bella Leandra, 13.
Brigella, 87.

Burton v. English, 80.

Corry v. Coulthard, 60.

Fletcher v. Alexander, 21, 23.

Hall v. Janson, 55, 57, 58.

Harrison v. Bank of Australasia, 56.

Hendricks v. Australasian Insurance Company, 32.

Mary Thomas, 89.

Nesbitt v. Lushington, 70.

Notara v. Henderson, 40.

Plummer v. Wildman, 57.

Randall v. Cochrane, 10, II.

Roberts v. Holt, 38.

Schmidt v. Royal Mail Company, 61.

Shepherd v. Kottgen, 60.

Stewart v. West India and Pacific Steamship Company, 33, 34.

Svensden v. Wallace, 47, et seq.

Walthew v. Mavrojani, 56.

Wavertree Sailing Ship Company v. Love, 85.

CHARTERER,

a purchaser of part of freight, 45.

money paid in advance by, 7.

CONSIGNEE,

who is absolute owner of goods, 36.

mere, not owner, 36.

CONSIGNOR,

to prevent inconvenience of resorting to, 37.
to pay general average, 37.

CONTRIBUTION,

whether, must be claimed in first instance, 9.

based on benefit derived from sacrifice, 17.

rules as to, 24.

obligations in reference to, 25.

defendant not liable to pay merely on receipt of goods, 39.

apportionment of, 43.

does not arise from any contract, 76.
principle upon which, becomes due, 76.
the two well-established exceptions to, 77.
claim for, how it arises in theory, 80.
when, cannot be maintained, 81.

as between parties to adventure, 85, 86.

DAMAGE

sustained by ship before storm, 46. DESERTION Of Crew, 75.

"DESTRUCTIVE TOTAL Loss,"

determination of, 72, 73.

EMERGENCY,

what is an, 64.

ENGLISH CONTRACT

governed by English law, 25.

EXPENDITURE

not incurred on behalf of master as agent of shipowner, 38.

incurred on divers articles in common, 39.

of ammunition, 58.

of insured under ordinary form, 71.

of bringing ship to be repaired, 74. EXTRAORDINARY SACRIFICE,

loss arising from, 46.

FOREIGN ADJUSTMENTS,

diversity in the effect of, 16.

FREIGHT,

definition of, 7.

66

money advanced on account of," 8.

principle upon which to contribute to general average, 45.

when, lost wages also lost, 74.

GENERAL AVERAGE,

loss to which contribution must be made, 3.

INS

general contribution, sometimes called by name of, 4.

INS

does not come within "suing and labouring clause," 6.

when fairly stated in foreign port, 15.

dictum of Mr. Justice Story in reference to, 16.

obligation to contribute in, 17.

66

as per foreign statement," 18.

INS

meaning of words "as per foreign statement," 18.

in ordinary English policy, 19.

INT

question whether underwriter compelled to bear loss by law of

[blocks in formation]

must be an express contract to pay, 37.

in insurance law, what it is used to denote, 39.

cannot exist without intentional sacrifice, 59.

long continued custom has created, 63.

where rudder carried away and spare spar cut, 64.

true principle applicable to cases of, 64.

JET

imminent peril must exist in, 67.

what act where ship at her destination, 67.

good answer to claim for, if ship unseaworthy, 79.

latest decision on, 81.

safety of property and not voyage which constitutes, 84.

KNO

interests which contribute to, 89.

interests which do not contribute to, 89.

GENERAL AVERAGE ADJUSTMENT, 18, et seq.

GENERAL AVERAGE ADJUSTER,

what he should exclude, 29, 30.

GENERAL AVERAGE LOSS, 45.

defined, 46, 47.

Goods,

shipowner and master no authority to bind, 72.

HOLLAND, Courts of,

decision in, in reference to shipowner, 28, 29. "HOPELESSLY LOST."

expression defined, 60.

LIE

MAR

« AnteriorContinuar »