Reports of Cases Argued and Determined in the District Court of the United States for the Southern District of New-York
Jacob R. Halsted, 1855 - Admiralty - 610 pages
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absence accordingly action Admiralty admitted agreement alleged allowed amount answer appear apply authority bound brig brought called cargo cause character charge circumstances claim claimants common compensation competent conduct Congress considered contract costs Court crew damages decision decree defence demand denied direct discharge duty effect entitled evidence facts filed foreign forfeiture further give given ground held interest jurisdiction Large leave libellant lien mariner maritime master mate means ment necessary New-York notice objection offered officers owner paid parties payment performed pilot pleadings port possession practice present principle proceedings proceeds proofs proved provisions punishment question reasonable received recover referred regard remain rendered respect respondent rule salvage satisfied seamen ship statute stipulation sufficient suit supplies taken tion tort United unless vessel voyage wages witness
Page 512 - ... that the same is true of his own knowledge except as to the matters therein stated to be alleged on information and belief, and as to those matters he believes it to be true.
Page 251 - Large, 53, 54,) by which it was enacted, "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 367 - ... 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 368 - ... the matter in dispute is not forthwith settled, the judge or justice or commissioner shall certify to the clerk of the district court that there is sufficient cause of complaint whereon to found admiralty process; and thereupon the clerk of such court shall issue process against the vessel.
Page 297 - If we examine the etymology, or received use, of the words "admiralty" and " maritime jurisdiction," we shall find, that they include jurisdiction of all things done upon and relating to the sea, or, in other words, all transactions and proceedings relative to commerce and navigation, and to damages or injuries upon the sea.
Page 239 - It may be, in an extraordinary case, difficult to distinguish a case of pilotage from a case of salvage, properly so called, for it is possible that the safe conduct of a ship into...
Page 367 - ... her cargo before the voyage be ended, unless the contrary be expressly stipulated in the contract: and as soon as the voyage is ended, and the cargo or ballast be fully discharged at the last port of delivery...
Page 404 - Pacific, or vice versa, shall, before he proceeds on such voyage, make an agreement, in writing or in print, with every seaman whom he carries to sea as one of the crew, in the manner hereinafter mentioned ; and every such agreement shall be, as near as may be, in the form given in the table marked A...
Page 332 - ... such master shall pay to every such seaman the highest price or wages which shall have been given at the port or place where such seaman was shipped, for a similar voyage, within three months next before the time of such shipping...