The Appeal Reports; Being Reports of Cases Argued and Determined in the Supreme Court of Ceylon Sitting in Appeal [1856-59]

The Appeal Reports; Being Reports of Cases Argued and Determined in the Supreme Court of Ceylon Sitting in Appeal [1856-59]

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1860 edition. Excerpt: ... knew would inevitably take place in the course of de-fendant's business. But further, it does not follow that because the vessel leaves Colombo, therefore the plaintifi loses his securi-ty; for, wherever the vessel may go, it still continues liable to his debt; for the bond is registered, and the defendant can neither sell nor re-mortgage the vessel, unless he produces the Registry, which contains the endorsement. It is a coasting vessel of 75 tons, and can go no further than perhaps Ceylon. It returns 10 l-he Coast; and the plaintili has his mortgage on it, when-ever he chooses to enforce it, provided he does so within the limits of his bonl, --after the condition shall have been broken. 3-The plaintifl has shewn no case for a sequestration. Both the Ordinance and the Dutch Law require three things;--1$i-1 sufficient cause of action; 2nd, the absence of adequate security; "id 31'd=' 8 reasonable cause of apprehension, such as a fraudulent alienation or destruction of the property sought to be sequestered-Fraud is not even alleged against the defendant. No irremedi-able damage can be shewn to arise from the departure of the essel, because though the vessel leaves Colombo, it still continnes liable to the debt, and may be seized and sold by the plaintitfat any port at which it may touch. The remedy sought is one of an extraordinary nature, and the plantifl must be held to the strict letter of the Law. If he has, through his own carelessnes, tailed to provide himself with sufficient security, he cannot claim the interference of a Court to better his position. It is attempted to detain a vessel in this port, at a time when it is dangerous to continue long in the harbour: --to prevent a vessel from pursuing the object for which it...
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Product details

  • Paperback | 238 pages
  • 189 x 246 x 13mm | 431g
  • United States
  • English
  • black & white illustrations
  • 1236961544
  • 9781236961549