A practical and elementary abridgment of the cases argued and determined in the courts of King's bench, Common pleas, Exechequer, and at nisi prius ... to Michaelmas term, 4 Geo. IV. With impo - Softcover
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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1830 Excerpt: ...Therefore, except in a case of the Inst necessity, which requires the sacrifice or hypothecation in part or whole of the cargo, as well as of the ship, no act of the master can affect the owner of the cargo; 2 Rob. 251. VVhnt then is the master to do; if by any disaster, happening in the coarse of his voyage, he is unable to carry the goods to the place of destination, or to deliver them there? To this, as a general question, it is apprehended no answer can be' given. Every case must depend upon its own peculiar circumstances. The conduct proper to be adopted with respect to perishable goods, will be improper with respect to a cargo not perishable. One1 thing may bo fit to be done with fish or fruit, and another with timber and iron; one method may be proper in distant regions, another in the vicinity of the merchant; one in a frequented navigation, another on unfrequented shores. The wreck of the ship is not necessarily followed by an impossibility of sending forward the goods, and does not, of itself, make their sale a measure of necessity or expedience; much less can the loss of the season, or of the proper course of the voyage, have this effect; Van Oineron v. Dowick and others, 2 Campb. 42. An unexpected interdiction of commerce, or a sudden war, may defeat the adventure, and oblige the ship to slop in her course; but neither of these events doth of itself alone make it necessary to sell the cargo at the place to which it may he proper for the ship to resort. In theso, and many other coses, the master may be discharged of his obligation to deliver the cargo at the place of destination, but it does not therefore follow that he is authorized to sell it, or ought so to do. What then is he to do? In general it may be said, he is to do that which a wise and...
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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1830 Excerpt: ...Therefore, except in a case of the Inst necessity, which requires the sacrifice or hypothecation in part or whole of the cargo, as well as of the ship, no act of the master can affect the owner of the cargo; 2 Rob. 251. VVhnt then is the master to do; if by any disaster, happening in the coarse of his voyage, he is unable to carry the goods to the place of destination, or to deliver them there? To this, as a general question, it is apprehended no answer can be' given. Every case must depend upon its own peculiar circumstances. The conduct proper to be adopted with respect to perishable goods, will be improper with respect to a cargo not perishable. One1 thing may bo fit to be done with fish or fruit, and another with timber and iron; one method may be proper in distant regions, another in the vicinity of the merchant; one in a frequented navigation, another on unfrequented shores. The wreck of the ship is not necessarily followed by an impossibility of sending forward the goods, and does not, of itself, make their sale a measure of necessity or expedience; much less can the loss of the season, or of the proper course of the voyage, have this effect; Van Oineron v. Dowick and others, 2 Campb. 42. An unexpected interdiction of commerce, or a sudden war, may defeat the adventure, and oblige the ship to slop in her course; but neither of these events doth of itself alone make it necessary to sell the cargo at the place to which it may he proper for the ship to resort. In theso, and many other coses, the master may be discharged of his obligation to deliver the cargo at the place of destination, but it does not therefore follow that he is authorized to sell it, or ought so to do. What then is he to do? In general it may be said, he is to do that which a wise and...
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