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 |
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Página 3
... and termination , but in all its interme- diate progress , was several hundred miles above the ebb and flow of tide , and in no just sense can the CHAP . 1 . VOL . 1 . wages be considered as earned in ADMIRALTY JURISDICTION . 3.
... and termination , but in all its interme- diate progress , was several hundred miles above the ebb and flow of tide , and in no just sense can the CHAP . 1 . VOL . 1 . wages be considered as earned in ADMIRALTY JURISDICTION . 3.
Página 4
... considered as earned in a maritime em- ployment ( a ) . " This principle was distinctly reaffirmed and en- forced in the subsequent case of The Steamboat Orleans v . Phœbus , which originated in a contro- versy between part owners ...
... considered as earned in a maritime em- ployment ( a ) . " This principle was distinctly reaffirmed and en- forced in the subsequent case of The Steamboat Orleans v . Phœbus , which originated in a contro- versy between part owners ...
Página 12
... considered as assuming to confer admiralty jurisdiction , as such , it is evident from what has already been stated , that Congress had no authority to pass it . But the terms of the act are not such as necessarily to require this ...
... considered as assuming to confer admiralty jurisdiction , as such , it is evident from what has already been stated , that Congress had no authority to pass it . But the terms of the act are not such as necessarily to require this ...
Página 18
... considered in connection with the decision of the Supreme Court in the case of The Genesee Chief . I trust that I shall not appear to have been wanting in the respect so eminently due , and which I habitually cherish , towards the high ...
... considered in connection with the decision of the Supreme Court in the case of The Genesee Chief . I trust that I shall not appear to have been wanting in the respect so eminently due , and which I habitually cherish , towards the high ...
Página 27
... considered it unne- cessary to decide ; for assuming that he stood in the place of the owner , and was liable to the same extent , the opinion of the court was that the case was not of admiralty jurisdiction . " The owner , " say the ...
... considered it unne- cessary to decide ; for assuming that he stood in the place of the owner , and was liable to the same extent , the opinion of the court was that the case was not of admiralty jurisdiction . " The owner , " say the ...
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Palavras e frases frequentes
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
Passagens conhecidas
Página 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.
Página 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.
Página 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...
Página 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.
Página 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.
Página 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...
Página 244 - ... vessel, or any of them, may take the appropriate proceedings in any court, for the purpose of apportioning...
Página 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...
Página 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.
Página 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.