A Treatise on the Practice of Courts of Admiralty in Civil Causes of Maritime Jurisdiction: With an Appendix Containing Rules in the Admiralty Courts of the United States, and a Full Collection of Practical Forms |
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Page 84
... exception of seamen's wages , " the Admiralty jurisdiction does not lawfully exist ; and he observes , that , " if the Common Law can try the cause and give full redress , that alone takes away the Admiralty jurisdiction . ” ( a ) ( a ) ...
... exception of seamen's wages , " the Admiralty jurisdiction does not lawfully exist ; and he observes , that , " if the Common Law can try the cause and give full redress , that alone takes away the Admiralty jurisdiction . ” ( a ) ( a ) ...
Page 98
... exception has ever been taken to this practice . Sometimes in that Court minors have sued by prochein ami . It is to be presumed , that , if a minor should sue in the Admiralty for his services , which may belong to his master , if he ...
... exception has ever been taken to this practice . Sometimes in that Court minors have sued by prochein ami . It is to be presumed , that , if a minor should sue in the Admiralty for his services , which may belong to his master , if he ...
Page 120
... exception of the operation of the law on which the proceeding is founded . This is in conformity to the rules of the Common Law res- pecting indictments and informations . These are as follow . First : Where the exception is in the ...
... exception of the operation of the law on which the proceeding is founded . This is in conformity to the rules of the Common Law res- pecting indictments and informations . These are as follow . First : Where the exception is in the ...
Page 121
... exception.1 Second : Where the exception is in a distinct clause or proviso , it is a matter of defence not necessary to be anticipated and precluded by negative averments on the part of the prosecution ; but it should be averred and ...
... exception.1 Second : Where the exception is in a distinct clause or proviso , it is a matter of defence not necessary to be anticipated and precluded by negative averments on the part of the prosecution ; but it should be averred and ...
Page 126
... exception , or any other allegation by him filed , which shall be relevant to the suit . But either party may object to answering any interrogatory , the answer to which will expose him to a penalty , forfeiture , or punishment for a ...
... exception , or any other allegation by him filed , which shall be relevant to the suit . But either party may object to answering any interrogatory , the answer to which will expose him to a penalty , forfeiture , or punishment for a ...
Common terms and phrases
Act of Cong Act of Congress Admiralty and maritime Admiralty Courts Admiralty jurisdiction Admiralty practice affidavit allegations answer Antonio Vega appeal appraisement arrest Attorney bail bail bond Boston aforesaid Bottomry brig Brigantine cargo causes of Admiralty Charter-party Circuit Court civil causes Civil Law claim claimant Clerk Clerke's Prax commissioners Common Law costs Court of Admiralty Cranch defendant depositions District Court District of Massachusetts dollars evidence execution filed forfeiture FRANCIS BASSETT Gall Hagg Honorable Court Ibid interrogatories issue John Schenck Judge judgment justice Law's Eccl Letters Rogatory maritime jurisdiction Mason Massachusetts master merchandise miralty monition notice oath owner person personam plaintiff pleadings port of Boston Prac pray proceed proceedings proctor proof Respondent RULE schooner seamen seizure ship or vessel shipping articles statute stipulation suit Supreme Court sureties sworn taken term testimony therein thereof tion trial United voyage wages wares Wheat witnesses writ
Popular passages
Page 413 - Judge, on account of their race, color and previous condition of servitude, and for no other reason, against the peace and dignity of the United States, and against the form of the Statute of the United States in such case made and provided.
Page 270 - That final decrees and judgments in civil actions in a district court, where the matter in dispute exceeds the sum or value of fifty dollars, exclusive of costs, may be re-examined, and reversed or affirmed in a circuit court, holden in the same district, upon a writ of error...
Page 208 - Such depositions may be taken before any judge of any court of the United States, or any commissioner of a circuit, or any clerk of a district or circuit court, or any chancellor, justice, or judge of a supreme or superior court, mayor or chief magistrate of a city, judge of a county court, or court of common pleas of any of the United States...
Page 292 - In all suits for an assault or beating on the high seas, or elsewhere within the admiralty and maritime jurisdiction, the suit shall be in personam only.
Page 86 - Agree with thine adversary quickly, whiles thou art in the way with him ; lest at any time the adversary deliver thee to the judge, and the judge deliver thee to the officer, and thou be cast into prison. Verily I say unto thee, Thou shalt by no means come out thence, till thou hast paid the uttermost farthing.
Page 207 - ... shall fail to comply with such order to produce books or writings, it shall be lawful for the courts, respectively, on motion, to give the like judgment for the defendant, as in cases of nonsuit; and if a defendant...
Page 86 - But the same servant went out, and found one of his fellow-servants, which owed him an hundred pence ; and he laid hands on him, and took him by the throat, saying, Pay me that thou owest. And his fellowservant fell down at his feet, and besought him, saying, Have patience with me, and I will pay thee all.
Page 103 - ... may summon the master of such vessel to appear before him, to show cause why process should not issue against such vessel, her tackle, apparel, and furniture, according to the course of admiralty courts, to answer for the wages.
Page 473 - And lastly, it is hereby declared and agreed by and between the said parties to these presents, that in case the said...
Page 302 - The libel shall also propound and articulate in distinct articles the various allegations of fact upon which the libellant relies in support of his suit, so that the defendant may be enabled to answer distinctly and separately the several matters contained in each article...