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" ... of the person in charge of the deck of the ship at the time, unless it is shown to the satisfaction of the Court that the circumstances of the case made a departure from the regulation necessary. "
The Nautical Magazine: A Journal of Papers on Subjects Connected with ... - Page 71
1872
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The Law Journal for the Year 1832-1949: Comprising Reports of Cases in the ...

Law reports, digests, etc - 1866 - 932 pages
...1854; and a collision occasioned by non-observance of such rules is, by section 299. of that act, to be deemed to have been occasioned " by the wilful default of the person in cliarge " of the offending ship. 'f/te Judge told the jury that if (he collision was brouglii about...
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Anno decimo septimo et decimo octavo Victoriae reginae Magnae Britanniae et ...

Great Britain - 1854 - 378 pages
...ru • i ri imply wil;.ul "Otn tiie iNon-observance oy any Ship ol any ol the said Rutes, Default. such Damage shall be deemed to have been occasioned by the wilful Default of ! he Person in charge of the Deck of such Ship at the Time, unless it is shown. to the Satisfaction...
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Dana's Seaman's friend

Richard Henry Dana - 1856 - 460 pages
...or property arises from non-observance of any of the rules in § 265, 296, and 297, this damage is deemed to have been occasioned by the wilful default of the person in charge of the deck of that ship at the time, unless it is shewn that the circumstances of the case made a departure from...
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A Treatise on the Law of Evidence, as Administered in England and ..., Volume 1

John Pitt Taylor - Evidence (Law) - 1858 - 898 pages
...from the non-observance by any ship of these rules, such damage shall be deemed to have been caused by the wilful default of the person in charge of the deck of such ship, unless it bo proved that circumstances made a departure from the rule necessary. See also § 295, as...
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Reports of Cases Decided in the High Court of Admiralty of England: And on ...

Maurice Charles Merttins Swabey, Great Britain. High Court of Admiralty - Admiralty - 1860 - 588 pages
...arises from the wiifui default non-observance by any ship of any of the said rules, such damage -uu shall be deemed to have been occasioned by the wilful default of owners were the person in charge of the deck." Certainly this is a proposition "°1tjdmble1' °^iof...
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A Treatise on the Law of Merchant Shipping

David Maclachlan - Maritime law - 1860 - 1046 pages
...property arises from Breaches of tie non-observance by any ship of any regulation made by or imply wilful in pursuance of this Act, such damage shall be deemed...occasioned by the wilful default of the person in charge of charge. the deck of such ship at the time, unless it is shown to the satisfaction of the Court that...
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The Upper Canada Law Journal and Municipal and Local Courts' Gazette, Volume 8

Law - 1862 - 722 pages
...damage to person or property arises from the non-observance by any vessel of any of the foregoing rules such damage shall be deemed to have been occasioned...default of the person in charge of the deck of such vessel at the time, unless the contrary be proved, or it be shewn to the satisfaction of the court,...
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The British Tariff

1862 - 510 pages
...In case damage to person or property arises from the non-observance of the said rules by any ship, such damage shall be deemed to have been occasioned...wilful default of the person in charge of the deck at the time, unless it is shown that circumstances made a departure from the rule necessary. — S....
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The Ocean, the River, and the Shore: Navigation, Part 1

John William Willcock, Athelstane Willcock - International law - 1863 - 490 pages
...property arises from the non-observance by any ship of any regulation made by or in pursuance of the Act, such damage shall be deemed to have been occasioned...wilful default of the person in charge of the deck at the time, unless it is shown that circumstances made a departure from the regulation necessary....
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The Ocean, the River, and the Shore: Navigation, Part 1

John William Willcock, Athelstane Willcock - International law - 1863 - 492 pages
...property arises from the non-observance by any ship of any regulation made by or in pursuance of the Act, such damage shall be deemed to have been occasioned...wilful default of the person in charge of the deck at the time, unless it is shown that circumstances made a departure from the regulation necessary....
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