A Practical Legal Guide for Sailors and Merchants During War; With Appendices Containing the Orders in Council, and Other Official Documents Relating to the Present War

A Practical Legal Guide for Sailors and Merchants During War; With Appendices Containing the Orders in Council, and Other Official Documents Relating to the Present War

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1854 edition. Excerpt: ...it is meritorious for the crew of the captured ship to rescue, by force of arms, from an enemy; it is quite the reverse to rescue from a neutral, from whom the owner would have a right to claim costs and damages for an unjust seizure and detention. If, instead of this, a rescue by force is attempted, and the party takes the law into his own hands, it becomes a breach of the Law of Nations which would endanger the ship and cargo, if that attempt should be disappointed. It may be added, that even to attempt a rescue from the enemy is no part of the general duty of seamen; nor will they be guilty of a desertion of their duty in that capacity if they decline it, though it is unquestionably a meritorious act to join in such attempts, and should meet with proper encouragement and reward. But it should be repeated, that as to the situation and character of persons engaged in such attempts, it is certainly to be regarded as an act purely voluntary, in which each individual is a volunteer, and is not acting as a part of the crew of the ship, or in discharge of any official duty, either ordinary or extraordinary. If a ship and cargo are recaptured from the enemy, --the case has happened and may happen again--and are restored to the proprietor on bail, to answer salvage, and a commission is extracted for the valuation of the property, which as to the ship is executed, but on the cargo is only begun, when a fire destroys the whole property, and the question arises whether the recaptor is entitled to salvage according to the value before and after an accident which carries with it neither censure nor penalty to the parties concerned, --in such a case, the appraisement of the ship being completed, and only waiting to be confirmed by the Court, it will be.show more

Product details

  • Paperback | 96 pages
  • 189 x 246 x 5mm | 186g
  • Rarebooksclub.com
  • Miami Fl, United States
  • English
  • black & white illustrations
  • 1236658116
  • 9781236658111