Reports of Cases Adjudged in the District Court of South Carolina. [1792-1809]William P. Farrand and Company Fry and Krammerer, printers, 1810 - 495 Seiten |
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Seite 7
... say what might have been the case here ; but I am clearly of opinion that no article of the treaty could justify the carrying away of this money , without legal adjudication . Some arguments in favour of the claimant were drawn from the ...
... say what might have been the case here ; but I am clearly of opinion that no article of the treaty could justify the carrying away of this money , without legal adjudication . Some arguments in favour of the claimant were drawn from the ...
Seite 24
... says , that such persons shall be punished as pirates . The 15th article of the same treaty declares that all vessels and merchandize which may be rescued out of the hands of pirates and robbers , on the high seas , without the ...
... says , that such persons shall be punished as pirates . The 15th article of the same treaty declares that all vessels and merchandize which may be rescued out of the hands of pirates and robbers , on the high seas , without the ...
Seite 32
... say a word upon that part of the subject . It is not contended by the libellant that the privateer was owned by other than French citizens , or that there is any defect in her commission . But it is said that the original seizure was ...
... say a word upon that part of the subject . It is not contended by the libellant that the privateer was owned by other than French citizens , or that there is any defect in her commission . But it is said that the original seizure was ...
Seite 35
... been re- lied on as explanatory , and as doing away the 8th and 32d , we must examine them . The 5th only says that licensed 1764. licensed vessels shall be no longer privileged when United District Court of South Carolina . 35.
... been re- lied on as explanatory , and as doing away the 8th and 32d , we must examine them . The 5th only says that licensed 1764. licensed vessels shall be no longer privileged when United District Court of South Carolina . 35.
Seite 37
... says he was an innocent , bonâ fide purchaser in market overt ; that the forfeiture must relate back to the time of sale ; that it could not attach , unless the vessel remained of the same descrip- 1794 . tion as when first licensed ...
... says he was an innocent , bonâ fide purchaser in market overt ; that the forfeiture must relate back to the time of sale ; that it could not attach , unless the vessel remained of the same descrip- 1794 . tion as when first licensed ...
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Häufige Begriffe und Wortgruppen
act of congress actor adjudge admitted American Angus appears arrived authority Ballard bill bills of lading bottomry bound brig brigantine British captain capture cause Charleston charter-party circumstances citizens claim claimant coast commission common law condemnation considered consignees consul contended contract court of admiralty crew cruize Cupisono damages decision declared decree demnation discharge dismissed dollars Dominica enemy evidence executive foreign freight French Guadaloupe Havannah high seas Himely hypothecation Jamaica judge jurisdiction law of nations laws of Oleron libel mariner maritime master mate ment Nash neutral New-York offence Oleron opinion owners paid parties persons Philadelphia piracy plea port Port-de-Paix possession present priva privateer prize proceedings punish question received sailed salvage says schooner seamen sentence shew Silas Talbot Sloop sold suit tain taken Talbot terstrom Thomas Nash tion treaty with France tribunal Tunno United vessel and cargo voyage wages
Beliebte Passagen
Seite 19 - Courts, as the case may be, of all causes where an alien sues for a tort only, in violation of the law of nations or a treaty of the United States...
Seite 277 - But the extension of the judicial power of the United States to all cases of admiralty "and maritime jurisdiction must necessarily be understood with some limitation.
Seite 326 - ... which it has determined. In some cases, that jurisdiction unquestionably depends as well on the state of the thing as on the constitution of the court. If by any means whatever a prize court should be induced to condemn, as prize of war, a vessel which was never captured, it...
Seite 20 - That the district courts shall take cognizance of complaints, by whomsoever instituted, in cases of captures made within the waters of the United States, or within a marine league of the coasts or shores thereof.
Seite 267 - ... whom they consulted, as much against the laws of the land as to murder or rob, or combine to murder or rob, its own citizens ; and as much to require punishment, if done within their limits, where they have a territorial jurisdiction, or on the high seas, where they have a personal jurisdiction, that is to say, one which reaches their own citizens only, this being an appropriate part of each nation on an element where all have a common jurisdiction.
Seite 302 - By the maritime law of nations universally and immemorially received, there is an established method of determination, whether the capture be, or be not, lawful prize. 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.
Seite 284 - The President is the sole organ of the nation in its external relations, and its sole representative with foreign nations.
Seite 284 - The treaty, which is a law, enjoins the performance of a particular object. The person who is to perform this object is marked out by the constitution, since the person is named who conducts the foreign intercourse, and is to take care that the laws be faithfully executed. The means by which it is to be performed, the force of the nation, are in the hands of this person. Ought not this person to perform the object, although the particular mode of using the means has not been prescribed ? Congress...