Law Magazine and Law Review (Volume 12); For Both Branches of the Legal Profession at Home and Abroad (Paperback)

Book may have numerous typos, missing text, images, or index. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1887. Excerpt: ... (i.) P. D.--Co-owners--Action of Restraint--Ship's Husband.--An agreement whereby the plaintiff and the other co-owners of a ship appointed a person to discharge the duties of ship's husband and manager of the ship does not debar him from obtaining in an action of restraint bail from the other co-owners in the value of his shares.--The England, L.R. 12 P.D. 32; 35 W.R. 367. (ii.) H. L.--Deck Cargo--Jettison--Bill of Lading--Proximate Cause of Damage.--Goods shipped under a bill of lading, which contained an exception in favour of jettison, having been, in breach of contract with the shipper, stowed on deck, were properly jettisoned by the master; held, that the shipowner was liable for non-delivery of the goods, the exception applying only to goods properly stowed, and the cause of damage not being too remote.--Royal Exchange Shipping Co. v. Dixon, L.R. 12 App. Cas. 11; 56 L.T. 206. (iii.) C. A.--Insurance--Policy on Advances on Ship--19 Geo. II., c. 37, s. 1. --A policy insuring cash advances on a ship, and containing the term "full interest admitted," is void.--Berridge v. Jlfan, Sfc., Insurance Co., L.R. 18 Q.B.D. 346; 56 L.J. Q.B. 223; 35'W.R. 343. (iv.) Q. B. D.--Insurance--Improper Navigation--Cause of Damage arising before Sailing.--Damage to cargo caused by the negligent closing of a port, which Wbb closed before the ship sailed, is loss caused by "improper navigation."---Carmichael v. Liverpool Sailing-ship Owners' Association, 56 L.J. Q.B. 208. (v.) P. D.--Jurisdiction--Damage to Cargo--The Admiralty Court Act, 1861, -. 7.--The owners of cargo cannot bring an action in rem against a vessel for damage to the cargo, if no part of the oargo was brought by the vessel proceeded against into any port of England or Wales.--The Victoria, L.R. 12 P.D. 105; 35 W.R. 291. (vi.) P...