Reports of Cases Argued and Determined in the Circuit Court of the United States for the First Circuit: 1854-1856Little, Brown, 1857 |
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Страница 74
... particular ; nor do I find any want of due care in the selection of a berth , by the Sarah and Adeline . The testimony is direct and strong to prove , that the master had the helm , and the mate and all hands were on the look - out ...
... particular ; nor do I find any want of due care in the selection of a berth , by the Sarah and Adeline . The testimony is direct and strong to prove , that the master had the helm , and the mate and all hands were on the look - out ...
Страница 101
... particular duties . Congress might well have had both these things in view , when it required the Court to have such an officer . And we are of opinion , that a Court not having such an officer , does not possess the authority conferred ...
... particular duties . Congress might well have had both these things in view , when it required the Court to have such an officer . And we are of opinion , that a Court not having such an officer , does not possess the authority conferred ...
Страница 102
... particular terms on which he hires the vessel . And here the owners were liable for certain articles , because , by the contract of let- ting to the master , they were to procure and pay for such articles before the be- ginning of the ...
... particular terms on which he hires the vessel . And here the owners were liable for certain articles , because , by the contract of let- ting to the master , they were to procure and pay for such articles before the be- ginning of the ...
Страница 104
... particular terms on which he hires the ves- sel . This case affords an illustration . For what is called the ship - chandlery bill , the owners are liable in this case ; because , by the contract of letting to the master , the owners ...
... particular terms on which he hires the ves- sel . This case affords an illustration . For what is called the ship - chandlery bill , the owners are liable in this case ; because , by the contract of letting to the master , the owners ...
Страница 121
... particular vessel may safely and prudently be laden with a particular cargo , is a matter of judgment . Both the owner and charterers know , when the contract of affreightment is made , that the master , in a foreign port must , at the ...
... particular vessel may safely and prudently be laden with a particular cargo , is a matter of judgment . Both the owner and charterers know , when the contract of affreightment is made , that the master , in a foreign port must , at the ...
Чести термини и фразе
Act of Congress action admiralty admitted aforesaid agent agreed alleged allowed amount answer appear applied assigns averment award bill bills of lading Bonaire Boston brig cargo charge charter-party charterers claim claimant clause collision commissioner Company complainant consider contract counsel Court of Equity covenant creditor CURTIS damages debt declaration decree deed defendant District Court duty et ux evidence execution fact Francis O. J. Smith fraud freight indictment intended interest issue judgment jurisdiction jury land libellant lien Marine maritime lien Massachusetts master McKay McLimont ment mortgage Mutual offence opinion orators owner paid parties patent payment person plaintiff port proceedings question R. H. Dana reason Rhode Island rule sailing SAMUEL F. B. MORSE Seagrave ship Stat statute steamer suit Supreme Court testator therein thereof tion treaty United vessel voyage Wyman
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Страница 463 - Our constitution declares a treaty to be the law of the land. It is, consequently, to be regarded in courts of justice as equivalent to an act of the legislature, whenever it operates of itself without the aid of any legislative provision. But when the terms of the stipulation import a contract — when either of the parties engages to perform a particular act — the treaty addresses itself to the political, not the judicial department ; and the legislature must execute the contract before it can...
Страница 635 - On the contrary, if war be actually levied, that is, if a body of men be actually assembled for the purpose of effecting by force a treasonable purpose, all those who perform any part, however minute, or however remote from the scene of action, and who are actually leagued in the general conspiracy, are to be considered as traitors.
Страница 583 - ... nor shall any district, or circuit court, have cognizance of any suit to recover the contents of any promissory note, or other chose in action, in favor of an assignee, unless a suit might have been prosecuted in such court to recover the said contents if no assignment had been made, except in cases of foreign bills of exchange.
Страница 330 - ... sue, labor, and travel for, in and about the defense, safeguard and recovery of the said goods and merchandises, or any part thereof, without prejudice to this insurance; nor shall the acts of the insured or insurers, in recovering, saving and preserving the property insured, in case of disaster, be considered a waiver or an acceptance of an abandonment...
Страница 167 - ... of court, so far to alter final process in said courts as to conform the same to any change which might be adopted by the legislatures of the respective states for the state courts.
Страница 500 - Act, which is similar, either in material, quality, texture, or the use to which it may be applied, to any article enumerated in this Act as chargeable with duty, shall pay the same rate of duty which is levied on the enumerated article which it most resembles in any of the particulars before mentioned...
Страница 167 - Jurors to serve in the courts of the United States, in each State respectively, shall have the same qualifications, subject to the provisions hereinafter contained, and be entitled to the same exemptions, as jurors of the highest court of law in such State may have and be entitled to at the time when such jurors for service in the courts of the United States are summoned...
Страница 463 - By whom shall they be ratified and confirmed ? This seems to be the language of contract; and if it is, the ratification and confirmation which are promised must be the act of the legislature. Until such act shall be passed, the court is not at liberty to disregard the existing laws on the subject.
Страница 501 - ... if any non-enumerated article equally resembles two or more enumerated articles, on which different rates of duty are chargeable, there shall be levied...
Страница 50 - ... not exceeding what she can reasonably stow and carry, over and above her tackle, apparel, provisions, and furniture ; and being so loaded, shall therewith proceed to or so near thereunto as she may safely get...