American Law Journal and Miscellaneous Repertory, Volume 1W. P. Farrand and Company, 1808 - Law |
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... opinion of the court upon a case stated ; which case was adjourned from the Circuit to the Su- preme Court , and now came on to be heard . The case stated the Manhattan to be a neutral ship . On her return voyage , on the 10th of ...
... opinion of the court upon a case stated ; which case was adjourned from the Circuit to the Su- preme Court , and now came on to be heard . The case stated the Manhattan to be a neutral ship . On her return voyage , on the 10th of ...
Page 1
... opinion of the court . After stating the case he proceeded in substance as follows : 1. Had the insured a right to abandon when the offer was made ? 2. Have any circumstances since occurred to affect their right ? To give a right to ...
... opinion of the court . After stating the case he proceeded in substance as follows : 1. Had the insured a right to abandon when the offer was made ? 2. Have any circumstances since occurred to affect their right ? To give a right to ...
Page 4
... opinion , that the state of the loss at the time of the abandonment must fix the right of the parties to recover in an action afterwards brought ; and the judge who doubts respecting it , is of opinion , that in this case counter ...
... opinion , that the state of the loss at the time of the abandonment must fix the right of the parties to recover in an action afterwards brought ; and the judge who doubts respecting it , is of opinion , that in this case counter ...
Page 9
... opinion of a majority of the judges , that a pos- session thus lawfully acquired , under the authority of a sove- reign state , could not be devested by the tribunals of that country into whose ports the captured vessel was brought ; at ...
... opinion of a majority of the judges , that a pos- session thus lawfully acquired , under the authority of a sove- reign state , could not be devested by the tribunals of that country into whose ports the captured vessel was brought ; at ...
Page 10
... opinion of my brethren . I had occasion , in the case of the Sarah , to express my ideas on most of the points arising in this case , and to that opinion I refer , for the reasons of my present conclusion . To me it appears immaterial ...
... opinion of my brethren . I had occasion , in the case of the Sarah , to express my ideas on most of the points arising in this case , and to that opinion I refer , for the reasons of my present conclusion . To me it appears immaterial ...
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Common terms and phrases
Aaron Burr action Adam Gilchrist answer appear apply attorney authority Baltimore Baltimore county belligerent bond bottomry brig Cape Francois captain capture cargo cause CHAPTER circuit court circumstances citizens claim collector common law congress considered constitution contended contract counsel court of admiralty courts of equity creditor debt debtor decision declaration decree defendant duties England entitled equity evidence executive exercise fact feme covert forfeiture give honour indictment intention issue John judge judgment jurisdiction jury land law of nations letter libel Lord Lord Mansfield mandamus manner ment neutral New-York oath offence officer opinion owners party person plaintiff plaintiff in error port possession president principle prize prize court proceeding prosecution purchaser question reason respect rule senate sentence ship South Carolina statute supreme court testator thing tion total loss trustees United vessel violation voyage witness writ writ of mandamus
Popular passages
Page 264 - United States, in Congress assembled, can be consulted; nor shall any State grant commissions to any ships or vessels of war, nor letters of marque or reprisal, except it be after a declaration of war by the United States in Congress assembled...
Page 259 - States shall be divided or appropriated ; of granting letters of marque and reprisal in times of peace, appointing courts for the trial of piracies and felonies committed on the high seas, and establishing courts for receiving and determining finally appeals in all cases of captures, provided that no member of Congress shall be appointed a judge of any of the said courts.
Page 298 - ... to trade with the same Liberty, and Security, from the Places, Ports, and Havens of those who are Enemies of both or either Party, without any opposition or Disturbance whatsoever, not only directly from the Places of the Enemy aforementioned to neutral Places; but also from one Place belonging to an Enemy, to another Place belonging to an Enemy, whether they be under the Jurisdiction of the same Prince or under Several...
Page 259 - States shall be restrained from imposing such imposts and duties on foreigners, as their own people are subjected to, or from prohibiting the exportation or importation of any species of goods or commodities whatsoever — of establishing rules for deciding in all cases, what captures on land or water shall be legal, and in what manner prizes taken by land or naval forces in the service of the United States shall be divided or appropriated...
Page 264 - No vessels of war shall be kept up in time of peace by any State, except such number only, as shall be deemed necessary by the United States in Congress assembled, for the defence of such State, or its trade ; nor shall any body of forces be kept up by any State, in time of peace, except such number only, as in the judgment of the United States, in Congress assembled, shall be deemed requisite to garrison the forts necessary for the defence of such State...
Page 138 - And whereas it frequently happens that vessels sail for a port or place belonging to an enemy without knowing that the same is either besieged, blockaded, or invested, it is agreed that every vessel so circumstanced may be turned away from such port or place ; but she shall not be detained, nor her cargo, if not contraband, be confiscated, unless after notice she shall again attempt to enter, but she shall be permitted to go to any other port or place she may think proper...
Page 204 - Merchandises until the same be there discharged and safely landed ; and it shall be lawful for the said Ship, &c., in this Voyage to proceed and sail to and touch and stay at any Ports or Places whatsoever without Prejudice to this Insurance.
Page 268 - Before the ship or goods can be disposed of by the captor there must be a regular judicial proceeding, wherein both parties may be heard, and condemnation thereupon as prize in a court of admiralty, judging by the law of nations and treaties.