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The law reports. Probate Division in the Courts of probate and divorce Volume 7; in the admiralty and ecclesiastical courts, and in the Privy Council, from Michaelmas sittings, 1875, to 1890
by:Great Britain. High Court of
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. 1882 Excerpt: ...services are rendered upon the very shore itself or within three miles thereof; here the hopper-barge at the time when she was rescued, was from two...
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. 1882 Excerpt: ...services are rendered upon the very shore itself or within three miles thereof; here the hopper-barge at the time when she was rescued, was from two to three miles distant from the land. I think that the judgment of Dr. Lushington in The Leda (1) was right, and that the learned judge in the Court below was right; "on the shore " means " near the shore." The contention for the owner of the Mac as to this 'latter point wholly fails. (1) Sw. 40. 1882 Brett, L.J. This case comes within the words of 8. 458 of the The Mac. Merchant Shipping Act, 1854, if they are read in their ordinary sense and without the assistance of the interpretation clause; but, as it seems to me, it falls also within that clause. In s. 458, the words " ship " and "boat" are used; but it seems plain to me that the word "ship" is not used in the technical sense as denoting a vessel of aj particular rig. In popular language, ships are of different kinds; barques, brigs, schooners, sloops, cutters. The word includes anything floating in or upon the water built in a particular form and used for a particular purpose. In this case the vessel, if she may be so called, was built for a particular purpose, she was built as a hopper-barge; she has no motive-power, no means of progression within herself. Towing alone will not conduct her, she must have a rudder, and therefore she must have men on board to steer her. Barges are vessels in a certain sense; and as the word " ship" is not used in a strictly nautical meaning, but is usedjin a popular meaning, I think that this hopper-barge is a " ship." She is not propelled by oars. The interpretation clause of the Merchant Shipping Act, 1854 (s. 2), does not limit the meaning, it enlarg...
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