A Selection of Cases on the Law of Admiralty: With Notes and Citations, Parts I, II, III |
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A Selection of Cases on the Law of Admiralty: With Notes and Citations ... James Barr Ames No preview available - 2016 |
Common terms and phrases
Accord action admiralty and maritime admiralty courts admiralty jurisdiction admiralty law affreightment amount appears arising authority barque bill of lading Blatchf bottomry bond cause charter-party Circuit Court circumstances cited claim claimant collision common law consignee contract of affreightment court of admiralty crew damage decision decree defendants delivered demurrage District Court enforced entitled facts Grapeshot high seas home port hypothecation injury jettison Judge judgment jury Justice liable libel Lord Lord Stowell loss Lottawanna Lush Lushington marine maritime contract maritime law maritime lien master mortgage necessary Newb Oleron opinion owner paid parties payment peril personam persons pilotage plaintiffs principle Prob proceeding in rem proceeds question raft reason recover rendered repairs Reported rule sacrifice salvage service salvors saved schooner semble ship and cargo ship and freight shipowner statute steamer Sumn tion tort towage United vessel voyage wages Wall
Popular passages
Page 339 - Surprisals, 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...
Page 14 - ... exclusive original cognizance of all civil causes of admiralty and maritime jurisdiction, including all seizures under laws of impost, navigation or trade of the United States, where the seizures are made on waters which are navigable from the sea by vessels of ten or more tons burden, within their respective districts, as well as upon the high seas...
Page 33 - Be it therefore enacted, that whensoever the death of a person shall be caused by wrongful act, neglect or default, and the act, neglect or default is such as would (if death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof...
Page 321 - Damage caused to machinery and boilers of a ship which is ashore and in a position of peril, in endeavouring to refloat, shall be allowed in general average when shown to have arisen from an actual intention to float the ship for the common safety at the risk of such damage...
Page 1 - They are legislative courts, created in virtue of the general right of sovereignty which exists in the government, or in virtue of that clause which enables Congress to make all needful rules and regulations respecting the territory belonging to the United States.
Page 160 - The whole object of giving Admiralty process and priority of payment to privileged creditors, is to furnish wings and legs to the forfeited hull, to get back for the benefit of all concerned ; that is, to complete her voyage.
Page 80 - The jurisdiction of courts of admiralty, in matters of contract, depends upon the nature and character of the contract; but in torts, it depends entirely on locality.
Page 162 - privilege' or lien is adopted from the civil law, and imports a tacit hypothecation of the subject of it. It is a 'jus in re,' without actual possession or any right of possession. It accompanies the property into the hands of a bona fide purchaser. It can be executed and divested only by a proceeding in rem. This sort of proceeding against personal property is unknown to the common law, and is peculiar to the process of courts of admiralty. The foreign and other attachments of property in the State...
Page 109 - But in respect to repairs and necessaries in the port or state to which the ship belongs, the case is governed altogether by the municipal law of that state, and no lien is implied unless it is recognized by that law...
Page 40 - Courts of admiralty," says the same judge in another case,2 '•' have been found necessary in all commercial countries, not only for the safety and convenience of commerce, and the speedy decision of controversies where delay would often be ruin, but also to administer the laws of nations in a season of war, and to determine the validity of captures and questions of prize or no prize in a judicial proceeding. And it would be contrary to the first principles on which...