Reports of Cases Argued and Determined in the Circuit Court of the United States, for the First Circuit ...: Containing the Cases Determined in the Districts of New-Hampshire, Massachusetts and Rhode-IslandWells and Lilly, 1817 |
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action admiralty admitted affidavit agent alien enemy alleged appear authority award bill bill of lading Boit Bothnea bottomry British capture cargo Castine Catara cause charter party circumstances claim claimant cognizance collector commission common law condemnation contended courts of common Cranch crew cruise decree deemed defendant District Attorney District Court doctrine domiciled duties enemy's country entitled equity evidence fact farther proof favour forfeiture freight Guestier high seas hostile Ibid illegal invoice JOSEPH STORY Judge judgment jurisdiction jury land letter libel license Lord Lord Coke Lovio Maisonnaire mariners maritime contracts master ment Messrs moiety neutral neutral country officers Oleron opinion original owners person plaintiff plea possession principle prize court prize law prize of war proceedings proceeds ransom reason respect rule San Jose Indiano seamen seisin shew ship shipment statute stipulations suit Supreme Court tion torts trade tribunal United Valin vessel voyage wages whole
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Strana 229 - That the judgment of a Court of concurrent jurisdiction directly upon the point, is, as a plea a bar, or as evidence conclusive between the same parties upon the same matter directly in question in another Court.
Strana 139 - Upon principle, every statute which takes away or impairs vested rights acquired under existing laws, or creates a new obligation, imposes a new duty, or attaches a new disability, in respect to transactions or considerations already past, must be deemed retrospective.
Strana 135 - It is agreed that British subjects who now hold lands in the territories of the United States, and American citizens who now hold lands in the dominions of his Majesty, shall continue to hold them according to the nature and tenure of their respective estates and titles therein ; and may grant, sell, or devise the same to whom they please, in like manner as if they were natives ; and that neither they nor their heirs or assigns shall, so far as may respect the said lands and the legal remedies incident...
Strana 181 - ... citizens of the United States, who may be desirous of returning to the United States, and for the maintenance of American seamen...
Strana 499 - The sovereignty of the United States over the territory was, of course, suspended, and the laws of the United States could no longer be rightfully enforced there, or be obligatory upon the inhabitants who remained and submitted to the conquerors. By the surrender the inhabitants passed under a temporary allegiance to the British government, and were bound by such laws, and such only, as it chose to recognize and impose.
Strana 138 - that the laws of the several States, except where the constitution, treaties, or statutes of the United States shall otherwise require or provide, shall be regarded as rules of decision in trials at common law in the courts of the United States, in cases where they apply.
Strana 472 - ... exclusive original cognizance of all civil causes of admiralty and maritime jurisdiction, including all seizures under laws of impost, navigation or trade of the United States, where the seizures are made, on waters which are navigable from the sea by vessels of ten or more tons burthen, within their respective districts as well as upon the high seas...
Strana 265 - By the modern law of nations, provisions are not, in general, deemed contraband; but they may become so, although the property of a neutral, on account of the particular situation of the war, or on account of their destination. If destined for the ordinary use of life in the enemy's country they are not, in general, contraband; but it is otherwise if destined for military use. Hence, if destined for the army or navy of the enemy, or for his ports of naval or military equipment, they are deemed contraband.
Strana 515 - Now therefore know ye, that I, the Secretary of the Treasury, in consideration of the premises, and by virtue of the power and authority to me given by the said...
Strana 470 - Mediterranean, and, from the general equity and simplicity .of its proceedings, soon commended itself to all the maritime states ; that jurisdiction, in short, which collecting the wisdom of the civil law, and combining it with the customs and usages of the sea, produced the venerable Consolato del Mare, and still continues in its decisions to regulate the commerce, the intercourse, and the warfare of mankind.