Recent Problems in Admiralty JurisdictionJohns Hopkins Press, 1922 - 136 pages |
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Common terms and phrases
action in rem admiralty and maritime Admiralty Courts admiralty jurisdiction amendment American Courts American vessels applied arising arrest Atlantic Transport Co Attualita British brought cargo charter party claims collision comity commerce common law courts common law remedy concurrent jurisdiction Congress Constitution Consul contract corporation court held courts of admiralty damages decision declared diction Dingley Act District Court doctrine effect enact enforced English exclusive exemption exercise extended Federal Courts foreign ships foreign vessels grant high seas immunity impleaded injuries International Law Jensen judicial juris Justice Lake Monroe legislation liability libel Lottawanna maritime jurisdiction maritime law maritime lien maritime tort ment merchant vessels Moses Taylor navigable waters opinion owner person personam port possession principles process in rem public vessel question requisitioned rule salvage services saving clause Shipping Board sovereignty statute stipulations Sultan of Johore Supreme Court tion tort treaty United Webb-Kenyon Act
Popular passages
Page 57 - The jurisdiction of the nation within its own territory is necessarily exclusive and absolute. It is susceptible of no limitation not imposed by itself.
Page 38 - Rights of property which have been created by the common law cannot be taken away without due process; but the law itself, as a rule of conduct, may be changed at the will, or even at the whim, of the legislature, unless prevented by constitutional limitations. Indeed the great office of statutes is to remedy defects in the common law as they are developed, and to adapt it to the changes of time and circumstances.
Page 12 - Of all civil causes of admiralty and maritime jurisdiction, saving to suitors, in all cases, the right of a common law remedy, where the common law is competent to give it.
Page 101 - That if any person or persons whatsoever, shall, on the high seas, commit the crime of piracy, as defined by the law of nations...
Page 25 - If New York can subject foreign ships coming into her ports to such obligations as those imposed by her Compensation Statute, other States may do likewise. The necessary consequence would be destruction of the very uniformity in respect to maritime matters which the Constitution was designed to establish; and freedom of navigation between the States and with foreign countries would be seriously hampered and impeded.
Page 57 - The world being composed of distinct sovereignties, possessing equal rights and equal independence, whose mutual benefit is promoted by intercourse with each other, and by an interchange of those good offices which humanity dictates...
Page 85 - Every vessel purchased, chartered, or leased from the board shall, unless otherwise authorized by the board, be operated only under such registry or enrollment and license. Such vessels while employed solely as merchant vessels shall be subject to all laws, regulations, and liabilities governing merchant vessels, whether the United States be interested therein as owner, in whole or in part, or hold any mortgage, lien, or other interest therein.
Page 57 - A nation would justly be considered as violating its faith, although that faith might not be expressly plighted, which should suddenly and without previous notice exercise its territorial powers in a manner not consonant to the usages and received obligations of the civilized world.
Page 132 - That in the judgment of Congress articles in treaties and conventions of the "United States, in so far as they provide for the arrest and imprisonment of officers and seamen deserting or charged, with desertion from merchant vessels of the United States in foreign countries, and...
Page 119 - That it shall be, and is hereby, made unlawful in any case to . pay any seaman wages in advance of the time when he has actually earned the same, or to pay such advance wages to any other person.