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
Results 1-5 of 98
Page 27
... lien upon the property . But the lien of the party entitled to contribution by way of general average was held not to be of this nature . The master has a right to retain the goods until the general average with which they are charged ...
... lien upon the property . But the lien of the party entitled to contribution by way of general average was held not to be of this nature . The master has a right to retain the goods until the general average with which they are charged ...
Page 28
... liens given by the maritime law , and that such a lien attaches to goods in favor of the party entitled to contri- bution , while they remain in the possession of the master , it would seem to follow very clearly , that this lien might ...
... liens given by the maritime law , and that such a lien attaches to goods in favor of the party entitled to contri- bution , while they remain in the possession of the master , it would seem to follow very clearly , that this lien might ...
Page 35
... lien on the thing saved , " is reported to have expressed himself as follows : " Then where is this lien to be demanded ? It should seem that that was an unnecessary question to be proposed , when the goods were admitted to be in ...
... lien on the thing saved , " is reported to have expressed himself as follows : " Then where is this lien to be demanded ? It should seem that that was an unnecessary question to be proposed , when the goods were admitted to be in ...
Page 36
... lien on the property itself . Between parties who were all Americans , if there was the slightest dis- inclination to submit to the jurisdiction of this court , I should certainly not incline to interfere ; for this court is not hungry ...
... lien on the property itself . Between parties who were all Americans , if there was the slightest dis- inclination to submit to the jurisdiction of this court , I should certainly not incline to interfere ; for this court is not hungry ...
Page 48
... liens thereon . And when a balance remains , after paying the debt or damages awarded to the libellant , as there often does , and sometimes of large amount , unless some other claim to it is interposed , which the court is permitted to ...
... liens thereon . And when a balance remains , after paying the debt or damages awarded to the libellant , as there often does , and sometimes of large amount , unless some other claim to it is interposed , which the court is permitted to ...
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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.