Commentaries on American Law, Τόμος 3O. Halsted, 1828 |
Άλλες εκδόσεις - Προβολή όλων
Συχνά εμφανιζόμενοι όροι και φράσεις
abandonment acceptor affreightment allodial authority Barnw bill bill of lading bottomry Boulay Paty bound Caines Campb cargo charter party Code de Commerce common law contract Court Cowen's Rep Cranch's Rep damages debt decisions discharge distress doctrine drawer Droit easement East's Rep Emerigon endorser English law entitled equity feudal foreign freight French grant held holder hypothecation ibid Insurance Company interest Johns land law merchant liable lien Litt London Assurance Company Lord Eldon Lord Ellenborough Lord Mansfield maritime Mason's Rep Mass master Maule & Selw merchant N. P. Rep navigable necessity New-York notice Oleron ordinances owner partner partnership payable payment perils person port Pothier principle profits render rent risk river Roccus Roman law rule seamen Serg ship statute tenant tenure Term Rep tion trade Traité treatise Valin Vesey vessel voyage wages
Δημοφιλή αποσπάσματα
Σελίδα 353 - Every proprietor of lands on the banks of a river has naturally an equal right to the use of the water which flows in the stream adjacent to his lands, as it was wont to run ('currere solebat'), without diminution or alteration. No proprietor has a right to use the water, to the prejudice of other proprietors, above or below him, unless he has a prior right to divert it, or a title to some exclusive enjoyment. He has no property in the water itself, but a simple usufruct while it passes along. 'Aqua...
Σελίδα 251 - ... takings at sea, arrests, restraints, and detainments of all kings, princes, and people, of what nation, condition, or quality soever, barratry of the master and mariners, and of all other perils, losses, and misfortunes, that have or shall come to the hurt, detriment, or damage of the said goods and merchandises, and ship, &c, or any part thereof.
Σελίδα 349 - Smith, that there was no instance where the fee of a highway, as distinct from the adjoining land, was ever retained by the vendor. It would require an express declaration, or something equivalent thereto, to sustain such an inference...
Σελίδα 354 - But, de minimis non curat lex, and a right of action by the proprietor below would not necessarily flow from such consequences, but would depend upon the nature and extent of the complaint or injury, and the manner of using the water. All that the law requires of the party, by or over whose land a stream passes, is, that he should use the water in a reasonable manner, and so as not to destroy, or render useless, or materially diminish, or effect the application of the water by the proprietors above...
Σελίδα 349 - The established inference of law is, that a conveyance of land bounded on a public highway, carries with it the fee to the center of the road, as part and parcel of the grant.
Σελίδα 107 - The master of every such vessel shall swear that he is a citizen of the United States, and that such license shall not be used for any other vessel or any other employment than that for which it was specially granted, or in any trade or business whereby the revenue of the United States may be defrauded; and if such vessels be less than twenty tons...
Σελίδα 215 - But there is nothing in our laws, or in the law of nations, that forbids our citizens from sending armed vessels, as well as munitions of war, to foreign ports for sale. It is a commercial adventure which no nation is bound to prohibit, and which only exposes the persons engaged in it to the penalty of confiscation.
Σελίδα 168 - He may transship the cargo, if he has the means, or let it remain. He may bind it for repairs to the ship. He may sell part, or hypothecate the whole. If he hires another vessel for the completion of the voyage, he may charge the cargo with the increased freight, arising from the hire of the new ship...
Σελίδα 56 - The acceptor of a bill is the principal debtor, and the drawer the surety, and nothing will discharge the acceptor but payment or a release. He is bound, though he accepted without consideration, and for the sole accommodation of the drawer.
Σελίδα 253 - ... suffers be owing to an act of the master, induced by motives of advantage to himself, malice to the owner, or a disregard to those laws, which it was the master's duty to obey, and which (or it would not be barratry) his owners relied upon his observing.