A Compendious View of the Civil Law: And of the Law of the Admiralty, Being the Substance of a Course of Lectures Read in the University of Dublin, Volume 2J. Butterworth, 1802 - Admiralty |
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... reason the law be altered ? and 3dly , perfonal contracts may be fued upon without making the person liable to arrest . To illuftrate the last position , it must be remembered , that though perfonal contracts were furely fuable upon at ...
... reason the law be altered ? and 3dly , perfonal contracts may be fued upon without making the person liable to arrest . To illuftrate the last position , it must be remembered , that though perfonal contracts were furely fuable upon at ...
Page 47
... reason , viz . for it must be caft on land before it becomes a wreck ( 6 ) . On the other hand , fir L. Jenkins , in his charge given at a feffion of admiralty ( 7 ) within the Cinque Ports , September 2 , 1668 , fays , you are to ...
... reason , viz . for it must be caft on land before it becomes a wreck ( 6 ) . On the other hand , fir L. Jenkins , in his charge given at a feffion of admiralty ( 7 ) within the Cinque Ports , September 2 , 1668 , fays , you are to ...
Page 85
... reason , the courts of common law found themfelves fuddenly ftopped in their career by the infinite mischiefs which arofe from extending their principle , that no contract made upon land was cognizable in the admiralty , to the cafes of ...
... reason , the courts of common law found themfelves fuddenly ftopped in their career by the infinite mischiefs which arofe from extending their principle , that no contract made upon land was cognizable in the admiralty , to the cafes of ...
Page 87
... reason , however , of this ex- ception , has been given by Lord Mansfield ; it is this , that failors do not , in their demand , state a contract , but go only upon the marine fervice , and merely give the contract in evidence . But the ...
... reason , however , of this ex- ception , has been given by Lord Mansfield ; it is this , that failors do not , in their demand , state a contract , but go only upon the marine fervice , and merely give the contract in evidence . But the ...
Page 95
... reason , and the common lawyers eagerly accept the con- ceffion , and admit , when it makes for them , thạt locality is no criterion ; but when reafon commands to invert the rule , and thereby extend it to con- tracts really marine ...
... reason , and the common lawyers eagerly accept the con- ceffion , and admit , when it makes for them , thạt locality is no criterion ; but when reafon commands to invert the rule , and thereby extend it to con- tracts really marine ...
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A Compendious View of the Civil Law and of the Law of the Admiralty: Being ... Arthur Browne No preview available - 2015 |
Common terms and phrases
acts of parliament againſt alfo alſo anſwer appear arreft becauſe bottomry Britiſh cafe capture cargo caſe caufe cauſe charter-party Cinque Ports civil law cognizance commiffion common law condemnation conteftation contract court of admiralty decree diftinction doth droit of admiralty droits enemy England faid failors fale falvage fame fave fays feamen fecurity feems feized fentence fervice fhall fhip fhould fince firft firſt fome fometimes fpecial freight ftate ftatute ftipulation fubject fuch fufficient fuit hypothecation iffue infifted inftance court itſelf judge juftice jurifdiction king's laft law of nations lord high admiral mafter majeſty's mariners maritime miralty moft moſt muft muſt neceffary neutral obferved occafion Oleron owners Pandects party perfon poffeffion pofition port prefent prize acts prize court proceed promovent puniſhed queftion reafon refpect reſtored Robinſon rule ſhall ſhip ſtate thefe theſe thofe thoſe tion ufually unleſs uſe veffel voyage wages whofe witneffes
Popular passages
Page 514 - Parliament of the United Kingdom to require; provided that all writs of error and appeals depending at the time of the union or hereafter to be brought, and which might now be finally decided by the House of Lords of either kingdom, shall from and after the union be finally decided by the House of Lords of the United Kingdom; and...
Page 514 - ... may appear to the Parliament of the United Kingdom to require ; provided, that all writs of error and appeals, depending at the time of the Union, or hereafter to be brought, and which might now be finally decided by the House of Lords of either kingdom, shall from and after the Union be finally decided by the House of Lords of the United Kingdom...
Page 74 - And also, as the courts of common law have obtained a concurrent jurisdiction with the Court of Chivalry with regard to foreign contracts, by supposing them made in England; so, it is no uncommon thing for a plaintiff to feign that a contract really made at sea was made at the Royal Exchange, or other inland place, in order to draw the cognizance of the suit from the courts of admiralty to those of Westminster Hall.
Page 514 - That it be the eighth article of union, that all laws in force at the time of the union, and all the courts of civil and ecclesiastical jurisdiction within the respective kingdoms, shall remain as now by law established within the same, subject only to such alterations and regulations from time to time as circumstances may appear to the parliament of the united kingdom to require...
Page 320 - ... inconsistent with amity or neutrality ; and if they consent to accept this pledge, no third party has a right to quarrel with it any more than with any other pledge which they may agree mutually to accept. But surely no sovereign can legally compel the acceptance of such a security by mere force.
Page 267 - Majefty's fubjedts, fhall be adjudged to be reftored, and fhall be by decree of the faid court of admiralty accordingly reftored to fuch former owner or owners or proprietors, he or they paying for and in lieu of falvage, if...
Page 514 - ... delegates in his court of chancery in that part of the united kingdom called Ireland; and that all laws at present in force in either kingdom, which shall be contrary to any of the provisions which may be enacted by any act for carrying these articles into effect, be from and after the Union repealed.
Page 311 - If I lay siege to a place, or only form the blockade. I have a right to hinder any one from entering, and to treat as an enemy whoever attempts to enter the place, or carry any thing to the besieged, without my leave.
Page 323 - Particular treaties too have inverted the rule of the law of nations, and by agreement declared the goods of a friend on board the ship of an enemy to be prize...