The American Admiralty: Its Jurisdiction and Practice, with Practical Forms and DirectionsBanks, 1910 - 771 pages |
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The American Admiralty, Its Jurisdiction and Practice: With Practical Forms ... Erastus Cornelius Benedict No preview available - 2015 |
Common terms and phrases
admiralty and maritime admiralty court aforesaid alleges as follows amount apparel appellee appraisement arrest attachment attorney bills of lading bond bottomry brig capture cargo cause charter party chattels Circuit Court civil and maritime claim claimant clerk collision commission commissioner common law copy Court of Admiralty Court of Appeals custody damages default defendant depositions District Court docket dollars duly entitled error or appeal execution fees filed final decree freight furniture further garnishee hearing hereby Hispania Honorable Court hundred interest interrogatories issue judge justice libellant's lien limitation of liability maritime jurisdiction maritime law marshal master monition motion notice oath owner party personam persons petition petitioner plaintiff in error port proceedings proceeds Proctor for Libellant proof record respondent Rule 54 schooner Southern District Stat statute steamship Supreme Court sureties tackle taken therein thereof United unless voyage witnesses writ of error York
Popular passages
Page 347 - ... 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...
Page 8 - The jurisdiction of the nation within its own territory is necessarily exclusive and absolute. It is susceptible of no limitation not imposed by itself. Any restriction upon it, deriving validity from an external source, would imply a diminution of its sovereignty to the extent of the restriction, and an investment of that sovereignty to the same extent in that power which could impose such restriction.
Page 511 - DOCKETING CASES. 1. It shall be the duty of the plaintiff in error or appellant to docket the case and file the record thereof with the clerk of this court by or before the return day, whether in vacation or in term time.
Page 523 - March 3, 1891, the plaintiff in error or appellant shall file with the clerk of the court below, with his petition for the writ of error or appeal, an assignment of errors, which shall set out separately and particularly each error asserted and intended to be urged.
Page 494 - ... by their attorneys of record, sign and file with the clerk an agreement in writing directing the case to be dismissed, and specifying the terms on which it is to be dismissed as to costs, and shall pay to the clerk any fees that may be due to him, it shall be the duty of the clerk to enter the case dismissed, and to give to either party requesting it a copy of the agreement filed; but no mandate or other process shall Issue without an order of the court 29.
Page 517 - When there is no assignment of errors, as required by section 997 of the Revised Statutes, counsel will not be heard, except at the request of the court, and errors not specified according to this rule will be disregarded; but the court, at its option, may notice a plain error not assigned or specified.
Page 168 - That if the owner of any vessel transporting merchandise or property to or from any port in the United States of America shall exercise due diligence to make the said vessel in all respects seaworthy and properly manned, equipped, and supplied...
Page 572 - In witness whereof the Master or Purser of the said Ship hath affirmed to three Bills of Lading, all of this Tenor and Date, One of which three Bills being Accomplished, the other two to stand Void. And so GOD send the good Ship to her desired Port in safety, Amen.
Page 35 - Nevertheless, of the death of a man, and of a maihem done in great ships, being and hovering in the main stream of great rivers, only beneath the [bridges] of the same rivers [nigh] to the sea, and in none other places of the same rivers, the admiral shall have cognizance...
Page 428 - In all suits in personam, where a simple warrant of arrest issues and is executed, bail shall be taken by the marshal and the court in those cases only in which it is required by the laws of the state where an arrest is made on similar or analogous process Issuing from the state court.