Reports of Cases Relating to Maritime Law: New series, Volume 7

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Page 136 - In the case of an insurance for a certain voyage it is clearly established that there is an implied warranty that the vessel shall be seaworthy, by which it is meant that she shall be in a fit state as to repairs, equipment and crew, and in all other respects, to encounter the ordinary perils of the voyage insured at the time of sailing upon it.
Page 137 - ... that the owner of the ship, and the master and every agent charged with the loading of the ship, or the preparing...
Page 125 - But if a man doth him damage by using the same employment — as, if Mr. Hickeringill had set up another decoy on his own ground near the plaintiff's, and that had spoiled the custom of the plaintiff — no action would lie. because he had as much liberty to make -and use a decoy as the plaintiff.
Page 279 - No cause or matter shall be defeated by reason of the misjoinder or nonjoinder of parties, and the Court may in every cause or matter deal with the matter in controversy so far as regards the rights and interests of the parties actually before it.
Page 51 - ... excepted, even when occasioned by negligence, default, or error in judgment of the Pilot, Master, Mariners, or other servants of the Shipowners.
Page 334 - Nothing in this section shall apply to a stipulation made by the seamen belonging to any ship, which according to the terms of the agreement is to be employed on salvage service, with respect to the remuneration to be paid to them for salvage services to be rendered by that ship to any other ship.
Page 299 - The Court or a Judge may, at any stage of the proceedings, either upon or without the application of either party, and on such terms as may appear to the Court or a Judge to be just, order that the names of any parties improperly joined, whether as plaintiffs or defendants, be struck out, and that the names of any parties, whether plaintiffs or defendants, who ought to have been joined...
Page 333 - ... of his wages to which he would otherwise have been entitled ; and every stipulation in any agreement inconsistent with any provision of this act, and every stipulation by which any seaman consents to abandon his right to wages in the case of the loss of the ship, or to abandon any right which he may have or obtain in the nature of salvage, shall be wholly inoperative.
Page 264 - London, and ten days on demurrage over and above the said laying days at £6 per day. Penalty for non-performance of this agreement ^2000. The ship to sail with convoy from the Sound for England. Wm. Atkinson.
Page 199 - No action or proceeding shall be open to objection, on the ground that a merely declaratory judgment or order is sought thereby, and the Court may make binding declarations of right whether any consequential relief is or could be claimed, or not.

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