A manual for shipmasters, letters

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Página 218 - In the first place, it may happen without blame being imputable to either party ; as where the loss is occasioned by a storm, or any other vis major : In that case, the misfortune must be borne by the party on whom it happens to light ; the other not being responsible to him in any degree.
Página 218 - Secondly, a misfortune of this kind may arise where both parties are to blame; where there has been a want of due diligence or of skill on both sides: in such a case, the rule of law is that the loss must be apportioned between them, as having been occasioned by the fault of both of them.
Página 263 - Provided always, That nothing in this Act shall extend or be .construed to extend to...
Página 93 - ... or who by wilful breach of duty, or by neglect of duty, or by reason of drunkenness, refuses or omits to do any lawful act proper and requisite to be done by him for preserving such ship...
Página 93 - ... or tending immediately to endanger the life or limb of any person belonging to or on board of such ship, or who by wilful breach of duty, or by neglect of duty, or by reason of drunkenness, refuses or omits* to do any lawful act proper and requisite to be done by him for preserving such...
Página 51 - The marine barometer has not yet been in general use for many years, and the author of this work was one of a numerous crew who probably owed their preservation to its almost miraculous warning. It was in a southern latitude ; the sun had just set with placid appearance, closing a beautiful afternoon, and the usual mirth of the evening watch was proceeding, when the captain's order came to prepare with all haste for a storm. The barometer had began to fall with appalling rapidity.
Página 193 - The question in this case is, whether you are satisfied there has been a total loss by perils of the sea. I know of no such head of insurance law as loss by sale. If the situation of the ship be such that by no means within the master's reach it can be treated so as to retain the character of a ship, then it is a total loss.
Página 229 - Ellenborough: [p 123] ...Fire is expressly mentioned in the policy, as one of the perils against which the underwriters undertake to indemnify the assured; and if the ship is destroyed by fire, it is of no consequence whether this is occasioned by a common accident, or by lightning, or by an act done in duty to the State.
Página 17 - Any seaman who has signed an agreement and is afterward discharged before the commencement of the voyage or before one month's wages are earned, without fault on his part justifying such discharge, and without his consent...
Página 10 - A seaman's right to wages and provisions shall be taken to commence either at the time at which he commences work, or at the time specified in the agreement for his commencement of work or presence on board, whichever first happens.

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