The Law Chronicle; Or, Journal of Jurisprudence and Legislation ... Volume 1

The Law Chronicle; Or, Journal of Jurisprudence and Legislation ... Volume 1

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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. 1829 edition. Excerpt: ..."Nee publice utile est; obsterrunter enim homines ab exercendis navihns, si metuant ne ex facto magistri quasi in infinitum tenantun Atque adeo apud Hollandos ubi mercatura pridem maxime viguit, et nunc et olim lex illa Romana observata non est imo contra, constitntum ne exercitoria etiam universi amplius teueantur quam ad estimationern navis et eorum qme in navi sunt;" Abbot, 263; Holt, 4-Ol; Wilson 0-Dickson, H. 404...... 3. In consequence of the pursuers having allowed the bottomry creditors to take possession of the cargo under the bond of bottomry, they are deharred from pleading, as against the defenders, that the shipmaster exceeded his powers by granting the bond of bottomry over the cargo. lN'rr:1tLocu'ron._-On 18th June, l829, the Judge-Admiral, (Sir John Connell, ) " Having resumed consideration of the Cases, additions thereto, and whole process, finds, that, in a case of urgent necessity, a master of a vessel is entitled, in a foreign port, to hypothecate, by a bond of bottomry, the cargo of a vessel, as well as the ship and freight; and when, upon the arrival of the vessel at her destined port, both vessel and cargo (without any undue more on the part of the owners of the cargo to vindicate their right) sell for a sum beneath the value of the bottomry bond, the owners of the cargo have, in such a case, Y no claim against the owners of the vessel: Finds, 2dlg, That, supposing a bond of bottomry on the"carg0 of a vessel, as well as upon the vessel, has been granted by the fraud or injudicious conduct of the master, the owners of the vessel are in such a case, under the authority of the act 53d Geo. III., quoted in the papers, not liable beyond the value of the vessel and the freight, _.the value of the...
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Product details

  • Paperback | 204 pages
  • 189 x 246 x 11mm | 372g
  • United States
  • English
  • black & white illustrations
  • 123684128X
  • 9781236841285