A Manual of Maritime Law: Consisting of a Treatise on Ships and Freight and a Treatise on InsuranceHopkins and Earle, 1809 - 156 páginas |
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Página 139 - Italian writer, Roccus, says: " These subjects of insurance and disputes relative to ships are to be decided according to maritime law, and the usages and customs of the sea are to be respected. The proceedings are to be according to the forms of maritime courts and the rules and principles laid down in the book called 'The Consulate of the Sea...
Página 149 - AB, as well in his own name as for and in the name and names of all and every other person or persons to whom the same doth, may, or shall appertain, in part or in all...
Página x - And it is agreed by us the insurers that this writing or policy of assurance shall be of as much force and effect as the surest writing or policy of assurance heretofore made in Lombard Street or in the Royal Exchange or elsewhere in London.
Página 84 - Com. on Magna Charta, and a citation of ancient Saxon laws.) When a ship is driven into port by stress of weather, and there unloads her cargo, she is not bound to pay duties or customs in that place, because she came there by force: nor is she liable to forfeiture. Neither are duties to be paid on goods forcibly driven into port. If there is a case in which the excuse of necessity would be regarded with suspicion, and received with disfavor, it is undoubtedly a breach of blockade, one of the extreme...
Página ix - And there will not be one law at Rome and another at Athens, one law to-day and another law to-morrow ; but the same law everlasting and unchangeable will bind all nations at all times ; and there will be one common Master and Ruler of all, even God, the framer, the arbitrator, and the proposer of this law.
Página v - ... the maritime law is not the law of a particular country, but the general law of nations...
Página 67 - When slaves or horses are carried on freight and any of them die on board, is freight payable for such as are dead? Three cases are to be noticed. First, If the charter-party express that freight shall be paid for so many men or animals as shall be put on board, and any of them die before the ship reaches the destined port, freight is due, because the contract is fulfilled...
Página 69 - The third case is, where it does not appear precisely, for what freight was to be paid; whether for taking the animals into the ship, or for their actual conveyance. In this case, freight must be paid, if they are merely taken on board, although the animals or slaves should die before the ship reaches the destined port.
Página 21 - Bolanos, to wit, the statement that "the mas- (385) ter of the ship has power to confine offenders in the vessel, even though they are not mariners, for the purpose of delivering them up to the competent authority of the territory or district nearest to the place where the offence was committed. Or he may confine them in the port where the ship is to be unladen, in order to have them punished.
Página 57 - This doctrine is borrowed from a text in the civil law which we insert, that the reader may judge of its application.