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 15
... founded in error , and that the error , if not corrected , must produce serious public inconvenience and loss , it becomes our duty not to perpetuate it ( a ) . " ( a ) The Propeller Genesee Chief , 12 Howard's R. , 443 ( 19 Curtis's ...
... founded in error , and that the error , if not corrected , must produce serious public inconvenience and loss , it becomes our duty not to perpetuate it ( a ) . " ( a ) The Propeller Genesee Chief , 12 Howard's R. , 443 ( 19 Curtis's ...
Página 26
... founded in a rule of national comity . It is that of enforcing the judgments of foreign courts , when the ends of justice require it ; and it is held to be a good cause of reprisal for a sovereign not to compel his courts to execute the ...
... founded in a rule of national comity . It is that of enforcing the judgments of foreign courts , when the ends of justice require it ; and it is held to be a good cause of reprisal for a sovereign not to compel his courts to execute the ...
Página 33
... founded upon a mere marine hypothecation , either express or implied , of the master , for moneys taken up in a foreign port for supplies or other necessaries for the voyage , without any marine interest . " ( Appendix , Rule 17. ) In ...
... founded upon a mere marine hypothecation , either express or implied , of the master , for moneys taken up in a foreign port for supplies or other necessaries for the voyage , without any marine interest . " ( Appendix , Rule 17. ) In ...
Página 35
... founded in fact , he deemed it unnecessary to answer the question , whether , if the libellants were Ameri- can seamen , the court would hold plea of their demands . But he significantly added , " In the mean time I will say , without ...
... founded in fact , he deemed it unnecessary to answer the question , whether , if the libellants were Ameri- can seamen , the court would hold plea of their demands . But he significantly added , " In the mean time I will say , without ...
Página 39
... founded upon the general convenience of the prac- tice , than by any direct jurisdiction properly belong- ing to it , although the exercise of such jurisdiction has existed from the first establishment of such court . In various ...
... founded upon the general convenience of the prac- tice , than by any direct jurisdiction properly belong- ing to it , although the exercise of such jurisdiction has existed from the first establishment of such court . In various ...
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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.