A Digest of Statutes, Admiralty Rules, and Decisions: Upon the Jurisdiction, Pleadings, and Practice of the District Courts of the United States [1790-1881]

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Little, Brown, 1884 - 524 páginas
 

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Página 71 - Of all civil causes of admiralty and maritime jurisdiction, saving to suitors In all cases the right of a common-law remedy where the common law is competent to give it...
Página 74 - ... 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 ; saving to suitors, in all cases, the right of a common law remedy, where the common law is.
Página 129 - ... and each of the said district courts shall have and exercise the same jurisdiction, in all cases arising under the Constitution and laws of the United States...
Página 91 - ... shall also have exclusive original cognizance of all seizures on .land, or other waters than as aforesaid, made, and of all suits for penalties and forfeitures incurred, under the laws of the United States.
Página 377 - An act to regulate the fees and costs to be allowed clerks, marshals, and attorneys of the circuit and district courts of the United States, and for other purposes...
Página 129 - Although admiralty jurisdiction can be exercised in the states in those Courts, only, which are established in pursuance of the third article of the Constitution; the same limitation does not extend to the territories, In legislating for them, Congress exercises the combined powers of the general, and of a state government...
Página 129 - They are legislative courts, created in virtue of the general right of sovereignty which exists in the government, or in virtue of that clause which enables congress to make all needful rules and regulations respecting the territory belonging to the United States. The jurisdiction with which they are invested is not a part of that judicial power which is defined in the third article of the constitution ; but is conferred by congress, in the execution of those general powers which that body possesses...
Página 474 - the trial of issues of fact in the District Courts, in all causes except cases in equity and cases of admiralty and maritime jurisdiction, and except as otherwise provided in proceeding in bankruptcy, shall be by jury.
Página 65 - A sentence of a court pronounced against a party without hearing him, or giving him an opportunity to be heard, is not a judicial determination of his rights, and is not entitled to respect in any other tribunal.
Página 149 - In all cases of seizure, and in other suits and .proceedings in rem, the process, if issued and unless otherwise provided for by statute, shall be by a warrant of arrest of the ship, goods, or other thing to be arrested; and the marshal shall thereupon arrest and take the ship, goods, or other thing into his possession for safe custody, and shall cause public notice thereof and...

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