Reports of Cases Relating to Maritime Law; Containing All the Decisions of the Courts of Law and Equity in the United Kingdom, and Selections from the More Important Decisions in the Colonies and the United States Volume 7

Reports of Cases Relating to Maritime Law; Containing All the Decisions of the Courts of Law and Equity in the United Kingdom, and Selections from the More Important Decisions in the Colonies and the United States Volume 7

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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. 1896 edition. Excerpt: ...said: "In a claim made in respect of a collision the property is not treated as the delinquent per se, though the ship has been in collision, and has caused injury by reason of the negligence or want of skill of those in charge of her, yet she cannot be made the means of compensation if those in charge of her were not the servants of her then owner, as if she were in charge of a compulsory pilot. That is conclusive to show that the liability to compensate must be fixed, not only on the property but on the owner through the property." The clause in question does not expressly, neither, in my opinion, does it by implication enact that the master shall have a lien on ship, independently of the owner's personal liability. The qualifying words, " so far as the case permits," seem to indicate that, in the view of the Legislature, there might be cases in which master's disbursements, even if properly incurred in a question with some one or other, would not carry a statutory lien. Then the condition upon which a lien is given to the master is, that the disbursements shall have been "properly incurred by him on account of the ship." The statute does not prescribe what disbursements shall be regarded as properly incurred on account of ship; it leaves that matter to be determined according to the existing law. Whether that reference re H. Op L. Morgan V. Castlegate Steamship Company; "The Castlegate." H. Op L. lates to the general principles of the law maritime, or to the law as laid down by Sir James Hannen in The Turgot (54 L. T. Rep. N. S. 276; 5 Asp. Mar. Law Cas. 548; 11 P. Div. 21), one of the cases which, in so far as it concerned the existence of a lien, was overruled by your Lordships in The Sara (uhi...show more

Product details

  • Paperback | 702 pages
  • 189 x 246 x 36mm | 1,234g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236855574
  • 9781236855572