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 16
... regarded with favor . If adhered to , as it doubtless will be , it will constitute an important epoch in the history of our national jurisprudence . For myself , believing it to be sound and beneficent , I rejoice that it has at length ...
... regarded with favor . If adhered to , as it doubtless will be , it will constitute an important epoch in the history of our national jurisprudence . For myself , believing it to be sound and beneficent , I rejoice that it has at length ...
Página 17
... regarded and treated as a regu- lation of commerce , and consequently void , thus leaving the jurisdiction of the district court to rest simply on the authority of the Constitution and the Judiciary Act of 1789 , the newly discovered ...
... regarded and treated as a regu- lation of commerce , and consequently void , thus leaving the jurisdiction of the district court to rest simply on the authority of the Constitution and the Judiciary Act of 1789 , the newly discovered ...
Página 25
... regarded as indispensable to the successful prosecution of navigation and commerce , it is not easy to perceive upon what ground they can consistently be excepted from the principles already established by that court . It is not to be ...
... regarded as indispensable to the successful prosecution of navigation and commerce , it is not easy to perceive upon what ground they can consistently be excepted from the principles already established by that court . It is not to be ...
Página 27
... regarded as , in this respect , the agent of the party entitled , acting for his security , and exerting his rights . But this right of retainer conferred by the maritime law is a qualified lien , depending on the possession of the ...
... regarded as , in this respect , the agent of the party entitled , acting for his security , and exerting his rights . But this right of retainer conferred by the maritime law is a qualified lien , depending on the possession of the ...
Página 34
... in fact British subjects , were , as it was insisted , nevertheless to be regarded , in that suit , as ( a ) The Two Friends , 1 Robinson's R. , 271 . - Americans , by reason of their having enrolled them- 34 ADMIRALTY JURISDICTION .
... in fact British subjects , were , as it was insisted , nevertheless to be regarded , in that suit , as ( a ) The Two Friends , 1 Robinson's R. , 271 . - Americans , by reason of their having enrolled them- 34 ADMIRALTY JURISDICTION .
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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.