A Treatise of the Law Relative to Merchant Ships and Seamen - Charles Abbott (Baron Tenterden) - Google 도서

도서

페이지 이미지

have not the binding force or authority of law in this country; and that they are here quoted, sometimes to illustrate principles generally admitted and received, sometimes to show the opinion of learned persons, and the rule adopted in maritime nations upon points not hitherto settled by the authority of our own law; and at other times to furnish information that may be useful in our commercial intercourse with foreign states.

In the composition of this Treatise, my object has been rather to arrange and illustrate principles, than to collect the decisions of Courts or the Acts of the Legislature. The cases therefore are, with few exceptions, stated in a concise manner; and the clauses of Acts of Parliament are abridged, whenever an abridgment seemed likely to be as satisfactory to the reader as a transcript. Of the institutions of written law, the precise words are often necessary to a right understanding of the intention of the lawgiver. I should have saved myself much both of time and labour, if I had copied more and abridged less.

There are few reported decisions of our Courts of Justice from which some useful principle may not be extracted, and I have therefore searched the books of reports with much assiduity. Nevertheless, I am apprehensive that some valuable cases may have escaped my attention, and I shall feel myself greatly indebted to any one, who will point out to me such omissions of this kind as may fall under his notice, or acquaint me with any other defects or errors that he may observe.

Relying on the kindness of those who may peruse the book with a friendly disposition to its author, and the candour of those who may look into it for the sake of information alone, I now offer it to the public, and to the profession of which I am a member, with a sincere desire that it may be found useful to both.

INNER TEMPLE,

C. ABBOTT.

January 25, 1802.

TABLE OF CONTENTS.

OF THE OWNERS OF SHIPS.

Of the Owners of Ships in general; the modes by which Property in

them is acquired; the Rights and Liabilities attached to it; and

(Ss.) 1. Of Title by Building and Purchase

2. By Purchase from the Master, and of his authority to sell

3. Of Title by Capture..............

4. Of the Evidence of Property in Ships, absolute, and by

way of Mortgage

5. Of the Liabilities of Owners of Ships for Repairs done, or

Stores supplied to them

6. Of the Liabilities of Charterers and Owners, pro tempore,

7. Of the Rights and Liabilities of Mortgagees

8. The Liabilities of Owners and Charterers of Ships further

СНАР. ІІ.

Of Property in British Ships; and of the History, Policy, and

Regulations of the Registry Acts; and herein,

(Ss.) 1. The Description and Ownership of British Ships.......

2. The Measurement of Tonnage

3. The Registry of Ships.

4. Of the Certificate of Registry.

6. Of Mortgages of Ships

5. Of Transfers and Transmissions of Ships and Stores of Ships 54

7. Of Certificates of Sale and Mortgage..

8. Of Registry Anew, and Transfer of Registry

9. Registry, Miscellaneous

b

(Ss.) 10. Evidence of Affidavits, Books of Registry, Certificates, &c. 60

11. Punishment for False Declarations or Documents.....

Of Part-owners of Ships; and herein,

(Ss.) 1. Of their legal relation to each other as Tenants in Com-

mon, or as Partners and Joint-Tenants

2. Regulations for the Enjoyment of their Common Property

in case of disagreement,-by the Laws of Foreign

3. Jurisdiction exercised for that object by the High Court

of Admiralty in England

4. Power of one Part-owner to bind the others by his Con-

tracts.-Office and Authority of Ship's Husband

5. Adjustment of the interests of Part-owners on Bankruptcy

of one of them......

6. Ship's Accounts, how adjusted between Part-owners at

Law and in Equity .....

7. Interest of Part-owners as to Strangers: Who should be

joined as Plaintiffs and Defendants

8. Extent of liability of each Part-owner for Supplies and

Of the Board of Trade; its General Functions under the 17 & 18 Vict.,

c. 104, and of Local Marine Boards and Shipping Offices subject to its

superintendence

(Ss.) 1. The general functions and authority of the Board of Trade

[blocks in formation]

OF THE PERSONS EMPLOYED IN THE NAVIGATION OF MERCHANT SHIPS,
AND OF THE CONVEYANCE OF PASSENGERS.

CHAPTER I.

Of the Qualifications of the Master and Mariners; and herein of the

Navigation Acts, the Mercantile Marine Acts, and Merchant Shipping

Act, 1854, respecting them

85

Of the Authority of the Master with regard to the Employment of

the Ship; and herein,

(Ss.) 1. Of the different kinds of Contract under which Merchant

Ships are employed...

2. Owners of Ships are bound by Contracts of the Master

relative to the usual course of the Ship's employment 90

3. Cases upon this subject

4. Master's authority, when limited

5. Ground of the Liability of Owners on the Contracts of

Of the Authority of the Master with regard to Repairs and other

Necessaries furnished to the Ship; and herein,

(Ss.) 1. Of the Liability of Owners of Ship and Employers of Master

upon his Contracts. Of proceedings against them per-

sonally, and against the Ship

2. Of their personal Liability on his Contracts for Neces-

3. Of Charges on the Ship in Specie.-Repairs done in

England not privileged as in Civil and Maritime Law.-

Lien of Shipwright.....

4. Doctrine and Jurisdiction of Admiralty

5. In foreign Parts Master may hypothecate his Ship, but not

generally at the residence of his Owners.-Of Contracts

9. If several Securities of this kind, last entitled to priority 123

10. Extent to which Freight may be pledged

Of the Behaviour of Master and Mariners; and herein,

(Ss.) 1. Of the Master's Duty to his Employers

2. Of Offences committed by Master and Mariners. Of his

Duties respecting them, and his general Duties on

board Ship.-Authority of Master to correct the

3. Regulations of Foreign Ordinances as to disposal of Ship's

« 이전 계속 »