The Admiralty Jurisdiction: Law and Practice of the Courts of the United States: with an Appendix, Containing the New Rules of Admiralty Practice Prescribed by the Supreme Court of the United States, Those of the Circuit and District of the United States for the Northern District of New-York, and Numerous Practical FormsW. C. Little & Company, 1857 - Admiralty |
From inside the book
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Page xii
... enforce the right of possession or of property in a ship , against an adverse holder , CHAPTER XII . 330 1 Salvage , 344 CHAPTER XIII . Collision , 370 CHAPTER XIV . Assault , beating , false imprisonment , etc . , .. 427 CHAPTER XV ...
... enforce the right of possession or of property in a ship , against an adverse holder , CHAPTER XII . 330 1 Salvage , 344 CHAPTER XIII . Collision , 370 CHAPTER XIV . Assault , beating , false imprisonment , etc . , .. 427 CHAPTER XV ...
Page 26
... enforcing the judgments of foreign courts , when the ends of justice require it ; and it is held to be a good cause ... enforce a claim for general average , that appears to have been brought to the notice of the Supreme Court , if it be ...
... enforcing the judgments of foreign courts , when the ends of justice require it ; and it is held to be a good cause ... enforce a claim for general average , that appears to have been brought to the notice of the Supreme Court , if it be ...
Page 27
... enforced in the admiralty , not only by process in rem , but by a suit in personam , against the party who holds the property or the proceeds , whoever he may be . In such cases the maritime law attaches an absolute and unconditional ...
... enforced in the admiralty , not only by process in rem , but by a suit in personam , against the party who holds the property or the proceeds , whoever he may be . In such cases the maritime law attaches an absolute and unconditional ...
Page 28
... enforced by a suit in rem before the delivery of the goods to the owner . But , adverting to this point , the court contented itself with observing that the question did not arise in the case and that no opinion would therefore be ...
... enforced by a suit in rem before the delivery of the goods to the owner . But , adverting to this point , the court contented itself with observing that the question did not arise in the case and that no opinion would therefore be ...
Page 35
... enforced in America , because the ship is an American ship , and the parties are American sailors . " Having shown that the libellants were to be considered as British subjects , and that the objection that they were to be regarded as ...
... enforced in America , because the ship is an American ship , and the parties are American sailors . " Having shown that the libellants were to be considered as British subjects , and that the objection that they were to be regarded as ...
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Common terms and phrases
according action admiralty jurisdiction allowed American appear applied authority bill bond Boston bottomry bound cargo carrier cause CHAP charterer circumstances cited claim collision commerce common consideration considered Constitution contract course Court of Admiralty crew Curtis's Decis damages decided decision deemed District Court doctrine duty effect employed enforced England English entitled established exception exercise express extend follows foreign founded freight give given ground Haggard's held important injury Insurance interest judge judgment judicial jurisdiction Justice STORY liable libellant lien limited Lord loss mariner maritime law master means nature navigation necessary necessity notice observed opinion owner particular parties pass payment persons port possession practice principle proceeding proceeds proper question reason reference regarded reported respect responsible rule sailing salvage seamen seems ship steamers suit Sumner's supplies Supreme Court tion tort United vessel voyage wages
Popular passages
Page 243 - The liability of the owner of any vessel for any embezzlement, loss or destruction by any person of any property, goods or merchandise, shipped or put on board of such vessel, or for any loss, damage or injury by collision, or for any act, matter or thing, loss, damage or forfeiture, done, occasioned or incurred, without the privity or knowledge of such owner or owners, shall in no case exceed the amount or value of the interest of such owner in such vessel and her freight then pending.
Page 92 - And the said records and judicial proceedings, authenticated as aforesaid, shall have such faith and credit given to them in every court within the United States as they have by law or usage in the courts of the State from whence the said records are or shall be taken.
Page 208 - ... shall lade the same as freight or baggage, on any vessel, without at the time of such lading giving to the master, clerk, agent, or owner of such vessel receiving the same a written notice of the true character and value thereof, and having the same entered on the bill of lading therefor, the master and owner of such vessel shall not be liable as carriers thereof in any form or manner ; nor shall any such master or owner be liable for any such goods beyond the value and according to the character...
Page 295 - That all pilots in the bays, inlets, rivers, harbors, and ports of the United States shall continue to be regulated in conformity with the existing laws of the States, respectively, wherein such pilots may be, or with such laws as the States may respectively hereafter enact for the purpose, until further legislative provision shall be made by Congress.
Page 244 - ... transfer his interest in such vessel and freight for the benefit of such claimants to a trustee to be appointed by any court of competent jurisdiction, to act as such trustee for the person who may prove to be legally entitled thereto : from and after which transfer all claims and proceedings against the owner shall cease.
Page 1 - ... 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 arc 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; saving to suitors, in all cases, the right of a common law remedy, where the common law is competent to give it...
Page 244 - ... vessel, or any of them, may take the appropriate proceedings in any court, for the purpose of apportioning...
Page 226 - Lisbon (the Act of God, the Queen's Enemies, Fire, and all and every other Dangers and Accidents of the Seas, Rivers, and Navigation...
Page 405 - ... all sailing ships whether on the port or starboard tack, and whether closehauled or not, unless the circumstances of the case are such as to render a departure from the rule necessary in order to avoid immediate danger, and subject also to the proviso that due regard shall be had to the dangers of navigation, and, as regards tailing ships on the starboard tack close-hauled, to the keeping such ships under command.
Page 231 - Bank, 6 How. 344, 382, said that a common carrier was in the exercise " of a sort of public office, and has public duties to perform, from which he should not be permitted to exonerate himself without the assent of the parties concerned.