Court : UK Supreme Court
..... aviation regulations. the extension of the working time directive in its original and consolidated form to other mobile workers was further implemented domestically by inter alia the merchant shipping (working time: inland waterways) regulations 2003 (si 2003 no. 3049) made 23 december 2003 and the fishing vessels (working time: sea-fishermen) regulations ..... exceptions matching those of the directive, by the working time regulations 1998 (si 1998 no. 1833) ("the working time regulations"). these regulations (as amended by the working time (amendment) regulations 2001 (si 2001 no. 3256)) provide that a worker is "entitled to four weeks' annual leave in each leave year" (regulation 13 ..... working time) regulations 2004 (si 2004 no. 756) ("the aviation regulations"). these regulations were introduced under s.2(2) of the european communities act 1972 to comply with the united kingdom's obligations under council directive 2000/79/ec of 27 november 2000 ("the aviation directive"), the purpose of .....
Tag this Judgment!Court : US Supreme Court
..... ] and in the chancellor, [ footnote 7 ] decided in 1861. all these decisions were made before the passage of the merchant shipping amendment act, which took effect on the 1st day of june, 1863. by that act, the same rules in regard to lights and movements of steamers and sailing vessels on the high seas were adopted as those which ..... sunk and totally lost. on the 9th of january, 1863, a british order in council, authorized by virtue of the merchant shipping amendment act of july 29, 1862, 25 and 26 victoria, made a body of "regulations for preventing collisions at sea." among these were "rules concerning lights ..... shall keep out of the way of the sailing ship." all these regulations, as originally promulgated by great britain, were made applicable to all ships, whatever their nationality, within the limits of british jurisdiction, and to british and french ships whether within british jurisdiction or not. the merchant shipping amendment act, in virtue of which these regulations were passed, .....
Tag this Judgment!Court : US Supreme Court
..... departure from them necessary in order to avoid immediate danger." the code, however, is supposed to make provision for all ordinary cases. it originated in the english merchant shipping amendment act of 1862, the twenty-fifth section of which provided for the adoption by order in council of certain rules and regulations for preventing collisions at sea, requiring the ..... stipulation was taken. this was held to be error, the court saying that, insofar as the seventy-two bales were concerned, either party was authorized to make amendments, or introduce new evidence, in order to support his title in the appellate court. but the libelant could not introduce a new subject of controversy by bringing into ..... as it applies to the high seas, was not repealed by article 11 of the act of march, 1885, c. 354, 23 stat. 440, which requires that "a ship which is being overtaken by another shall show from her stern to such last-mentioned ship a white light or page 158 u. s. 201 flare-up light." the failure .....
Tag this Judgment!Court : US Supreme Court
..... of 1862 extended the provisions of the prior acts to foreign page 152 u. s. 128 as well as british ships, and to cases of loss of life or personal injury, as well as damage or loss to ..... some difficulties encountered in determining at what point of time the value of the ship should be taken, and to establish a more uniform and equitable method of limiting the liability of the owner, the merchant shipping amendment act ..... its nature and value were disclosed. in all these statutes, the liability of the owner was limited to his interest in the ship and freight for the voyage. by section 505 of the merchants' shipping act of 1854, freight was deemed to include the value of the carriage of goods, and passage money. owing, probably to .....
Tag this Judgment!Court : US Supreme Court
..... the demand was made in this country, but insist that the law was thereafter changed in this respect by the amendment made by the merchant marine act of 1920. by 32 of the merchant marine act, 10 of the dingley act was further amended so as to make the third sentence of paragraph (a) dealing generally with advance payments, read as follows: ..... u.s. 463 certiorari to the circuit court of appeals for the second circuit syllabus 1. section 10 of the dingley act of 1884, as amended by the seamen's act of 1915, and the merchant marine act of 1920, does not apply either expressly or by implication to advance wages paid by foreign vessels to foreign seamen while in ..... 1884, [ footnote 1 ] as amended by the seamen's act of 1915 [ footnote 2 ] and the merchant marine act of 1920, [ footnote 3 ] applies to the payment of advance wages to seamen on a foreign vessel in a foreign port. the petitioners are british seamen who shipped at manchester, england, in may, 1922, on the archimedes, a british vessel, .....
Tag this Judgment!Court : US Supreme Court
..... later defined so as to bring them within the prohibition reenacted in 27. 38 of the merchant marine act, amending 2 of the shipping act of 1916, c. 451, 39 stat. 728, 729, and made applicable to the merchant marine act by 37 of the latter act. it insists that the prohibition of 27, to which it was subjected by the ..... amendment, deprives it of property without due process of law, in violation of the fifth amendment. this contention ..... latter amending 2 of the shipping act of 1916) whereby the interests required to be held by citizens in order that a corporation may be deemed "a citizen of the united states" are defined. 2. the proviso of 27 of the merchant marine act, exempting from its operation "merchandise transported between points within the continental united states, .....
Tag this Judgment!Court : US Supreme Court
..... subject to all laws, regulations, and liabilities governing merchant vessels, whether the united states be interested therein as owner in whole or in part or hold any mortgage, lien, or other interest therein," which provision was reenacted by the act of july 15, 1918, c. 152, 40 stat. 900, amending the shipping board act. p. 250 u. s. 253 . it ..... united states declared war, april 6, 1917, the world's merchant shipping had reached the stage of demoralization. the president, by a proclamation dated february 5, 1917, had declared an emergency, and brought into play the prohibition of one of the clauses of 9 of the above act against the sale, lease, or charter to a person not ..... they were introduced as companion measures, the former as h.r. 12, 100, the latter as h.r. 12,099, and proceeded pari passu through congress. the act of july 15th amended 9 of the shipping act of 1916 with respect to some of its prohibitions, but reenacted almost verbatim the part we have quoted from that section. the .....
Tag this Judgment!Court : US Supreme Court
..... am not aware that any exists." story, j., in the george, supra, at p. 155. cf. the rule in great britain under the merchant shipping act, 1906 (6 edw. 7, no. 48, 34). the old measure of recovery was the same for all aboard, the highest and the lowest. ..... contexts in which the word seaman is held to exclude the master, or even any officer. see, e.g., r.s. 4530, as amended by 31 of the merchant marine act of 1920 (46 u.s.c. 597); also 46 u.s.c. 564, 568, 570, 592, 594, 658, reenacting r.s ..... , general and permanent in their nature in force on the 7th day of december, 1925, but nothing in this act shall be construed as repealing or amending any such law, or as enacting as new law any matter contained in the code. in case of any inconsistency ..... v. new york, n.h. & h. r. co., 281 u. s. 128 , 281 u. s. 134 -136. the bill was accordingly amended in its progress through the house by declaring the exception. there can be little doubt that congress did this in the belief that, under the statutes then in .....
Tag this Judgment!Court : US Supreme Court
..... not purport to change the status of public vessel seamen not employed through the war shipping administration. this was the situation prior to the 1949 amendments to the federal employees compensation act. merchant seamen, other than those employed by the war shipping administration, on ships owned by the united states had a right to libel the united states pursuant to the suits in page 343 u ..... . s. 435 admiralty act of 1920, but whether they were entitled to the benefits of the compensation .....
Tag this Judgment!Court : US Supreme Court
..... had the vessel been a private one, and provided further that such vessel was employed as a merchant vessel. in 1960, congress amended the act by deleting.the latter proviso. the public vessels act authorizes suit against the united states in cases involving "a public vessel of the united states," but ..... and the difficulties inherent in attempting to grant relief to deserving private owners through private acts of congress, congress provided in the shipping act, 1916, that shipping board vessels employed as merchant vessels were subject to "all laws, regulations, and liabilities governing merchant vessels." 39 stat. 730, 46 u.s.c. 808. in the lake ..... monroe, 250 u. s. 246 (1919), this court held that the shipping act had subjected all shipping board merchant vessels to proceedings in rem in admiralty, including arrest and seizure. congress, concerned that the arrest and seizure of shipping board merchant vessels would occasion unnecessary delay and expense, promptly responded to the lake .....
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