Wharfinger - Law Dictionary Search Results
Home Dictionary Name: wharfingerWharfinger
Wharfinger, is defined as 'the occupier of a wharf' or 'a person who owns a wharf', Ramanatha Aiyar's The Law Lexicon; Board of Trustees of the Port of Bombay v. Sriyanesh Knitters, (1999) 7 SCC 359.It is defined as the occupier of wharf and it is further stated that as a rule, wharfingers have a general lien for the balance of their account, Jowitt's Dictionary of English Law; Board of Trustees of the Port of Bombay v. Sriyanesh Knitters, (1999) 7 SCC 359.This term is defined in s. 49 of the Port of London Act, 1908, as follows:The expression 'wharfinger' means the occupier of a wharf, quay warehouse, or granary adjoining the Port of London mainly used for warehousing the goods, imported into the Port of London, of persons other than the occupier of such premises.See also Merchant Shipping Act, 1894, s. 492.Wharfingers, who transport goods of their customers by lighter from importing ships, do not come under liability as common carriers, Consolidated Tea, etc., Co. v. Oliver's Wharf, ...
Hire
Hire [locatio, conductio, Lat.], a bailment for a reward or compensation. It is divisible into four sorts:-(1) The hiring of a thing for use (locatio rei). (2) The hiring of work and labour (locatio operis faciendi). (3) The hiring of care and services to be performed or bestowed on the thing delivered (locatio custodi'). (4) The hiring of the carriage of goods (locatio operis mercium vehendarum) from one place to another. The three last are but sub-divisions of the general head of hire of labour and services.The rights, duties, and obligations of the parties resulting from the contract of bailment for hire may be thus stated:-(I.) Hire of things. The letting to hire implies an obligation to deliver the thing to the hirer; to refrain from every obstruction to the use of it by the hirer during the period of the bailment; to do no act that shall deprive the hirer of the thing; to warrant the title and right of possession to the hirer, in order to enable him to use the thing, or to perfor...
London, Port of
London, Port of. The administration is provided for by the Port of London (Consolidation) Act, 1920 (10 & 11 Geo. 5, c. clxxiii.); s. 6 enacts:-(1) There shall be a chairman and vice-chairman and other members of the Port Authority elected and appointed in manner provided by this Act for the purpose of administering, preserving and improving the Port of London and otherwise for the purposes of this Act, and the several persons who now constitute and shall, from time to time constitute the Port Authority, shall notwithstanding the repeal of enactments effected by this Act, continue and be a body corporate by the name of 'the Port of London Authority, and by that name shall continue to have perpetual succession and a common seal having power to acquire and hold land for the purposes of this Act without licence in mortmain.(2) The several persons who were respectively the chairman, vice-chairman and other members of the Port Authority immediately before the passing of this Act, and shall ...
Bailment
Bailment [fr. bailler, Fr., to deliver], a compendious expression to signify a contract resulting from delivery; perhaps best defined as a 'delivery of a thing in trust for some special object or person, and upon a contract express or implied, to conform to the object or purpose of the trust.'In the celebrated case of Coggs v. Bernard, (1704) Ld Raym 909; 1 Sm L C, Lord Holt divided bailments thus:-(1) Depositum, or a naked bailment of goods, to be kept for the use of the bailor.A restaurant keeper has been held liable for loss of an overcoat entrusted by a customer to a waiter, Ultzen v. Nicols, (1894) 1 QB 92; Orchard v. Bush & Co., (1898) 2 QB 284.(2) Commodatum. Where goods or chattels that are useful are lent to the bailee gratis, to be used by him. See Coughlin v. Gillison, (1899) 1 QB 145.(3) Locatio rei. Where goods are lent to the bailee to be used by him for hire.(4) Vadium. Pawn or pledge.(5) Locatio operis faciendi. Where goods are delivered to be carried, or something is t...
Document of title to goods
Document of title to goods, includes a bill of lading, dock-warrant, warehouse keeper's certificate, wharfingers' certificate, railway receipt, multi-modal transport document, warrant or order for the delivery of goods and any other document used in the ordinary course of business as proof of the possession or control of goods, or authorising or purporting to authorise, either by endorsement or by delivery, the possessor of the document to transfer or receive goods thereby represented. [Sale of Goods Act, 1930 (3 of 1930), s. 2 (4)]...
Thames
Thames. See (English) Thames Conservancy Act, 1894 (57 & 58 Vict. c. clxxxvii.); defined in s. 3 as meaning and including:-So much of the rivers Thames and Isis respectively as are between the town of Cricklade and an imaginary straight line drawn from the entrance to Gantlet creek in the county of Kent to the City stone opposite to Canve Island in the county of Essex and so much of the river Kennet as is between the Common landing-place at Reading in the county of Berks and the river Thames and so much of the river Lee and Bow creek respectively as are below the south boundary stones in the Lee Conservancy Act, 1868, mentioned and all locks, cuts, and works within the said portions of rivers and creeks:Provided that no dock, lock, canal, or cut, existing at the passing of this Act and constructed under the authority of Parliament and belonging to any body corporate established under such authority, and no bridge over the river Thames or the river Kennet belonging to or vested in any c...
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