Reports of Cases in Admiralty, Argued and Determined in the District Court of the United States for the Southern District of New York, Volume 1"A full selection of the decisions in admiralty cases rendered in the United States District Court for the Southern District of New York, by the Hon. Samuel R. Betts, from the early part of the year 1847 down to the close of 1850. It may be regarded as a continuation of the series of admiralty reports commenced by Blatchford & Howland, and continued by Olcott"--Preface. |
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Common terms and phrases
Abbott on Shipp Aberfoyle accordingly action Admiralty Admiralty Courts affreightment agreement alleged allowed amount answer appear arrest attachment authority bail bark BETTS bill of lading boat boilers bottomry brig cargo cause charge charter-party claim claimants collision commissioner common law compensation consignees consul contract costs Court of Equity crew damages decree defendant delivered demand demurrage discharge duty entitled evidence facts filed foreign freight furnished garnishee Hudson River injury Isaac Newton jurisdiction lant liability libel in personam libel in rem libellant's lien maritime maritime law master ment navigation Oleron owner parties payment perform person pilot port principle proceedings proctor proof proved provisions question reasonable received recover remedy rendered replevin respect respondent rule sailing vessel salvage schooner seaman sloop statute steam steamboat steamer stipulation suit Sumn Supreme Court testimony tion U. S. Stats United usage voyage wages witnesses York Zenobia
Popular passages
Page 426 - That the forms of writs, executions and other process, except their style, and the forms and modes of proceeding in suits, in those of common law shall be the same as are now used in the said Courts respectively in pursuance of the Act entitled: "An Act to regulate processes in the Courts of the United States...
Page 144 - ... in the court to which the process is returnable, or in any appellate court ; and upon such bond or stipulation, summary process of execution shall...
Page 285 - If the witness admits the words or declarations imputed to him, the proof on the other side becomes unnecessary; and the witness has an opportunity of giving such reason, explanation, or exculpation of his conduct, if any there may be, as the particular circumstances of the transaction may happen to furnish ; and thus the whole matter is brought before the court at once, which, in our opinion, is the most convenient course. If the witness denies the words or...
Page 147 - In all cases of libels in personam, the court may, in its discretion, upon the appearance of the defendant, where no bail has been taken, and no attachment of property has been made to answer the exigency of the suit, require the defendant to give a stipulation, with sureties, in such sum as the court shall direct, to pay all costs and expenses which shall be awarded against him in the suit, upon the final adjudication thereof, or by any interlocutory order in the progress of the suit.
Page 149 - No person shall be arrested or imprisoned on any civil process issuing out of any court of law, or on any execution issuing out of any court of equity, in any suit or proceeding instituted for the recovery of any money due upon any judgment or decree, founded upon contract or due upon any contract express or implied, or for the recovery of any damages for the non-performance of any contract.
Page 435 - 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.
Page 381 - ... cannot be found, to attach his credits and effects to the amount sued for in the hands of the garnishees named therein; or by a simple monition, in the nature of a summons to appear and answer to the suit, as the libellant shall, in his libel or information, pray for or elect.
Page 143 - States; subject, however, to such alterations and additions as the said courts, respectively, shall, in their discretion, deem expedient, or to such regulations as the supreme court of the United States shall think proper, from time to time, by rule, to prescribe to any circuit or district court concerning the same.
Page 286 - I understand the rule to be, that before you can contradict a witness by showing he has at some other time said something inconsistent with his present evidence, you must ask him as to the time, place, and person involved in the supposed contradiction.
Page 547 - Co. shipped on board the said schooner one hundred and ninety-four tons of coal, or thereabouts, to be therein carried from Philadelphia to New York, and there delivered in like good order and condition (the dangers of the sea only excepted), to J. Selby West, or his assigns...