Judgments in the Admiralty of Pennsylvania: in four suits, brought as for maritime hypothecations. Also, the case of Silas Talbot, against the brigs Achilles, Patty, and Hibernia, and of the owners of the Hibernia against their captain, John Angus : with an appendix, containing the testimony exhibited in the Admiralty in those causes (Google eBook)

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Printed at T. Dobson and T. Lang, 1789 - Law - 131 pages
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Page 80 - A thing being done upon the high sea don't exclude the jurisdiction of the court of common law. For seizing, stopping, or taking a ship, upon the high sea, not as prize, an action will lie; but for taking as prize, no action will lie. The nature of the question excludes; not the locality.
Page 27 - ... and cannot find means to take up by " exchange or otherwife, and that for " want of money the voyage might be " retarded or overthrown, monies may " be taken up upon bottomry." Molloy, Book II.
Page 83 - Then, for the first time, did the distinction occur, between the prize court and the instance court of admiralty. Possessed of this idea, the judges of appeal for the state, looked at the proceedings which the court of admiralty had adopted in the case before them, and found they had been in personam, by attachment, to answer for damages arising from a tort committed at sea.
Page 82 - I have understood, looked at that cause in no other point of view, and therefore refused to take cognizance of it, and soon after adjourned. The appeal was then carried to the high court of errors and appeals for this commonwealth. The proctors had previously agreed not...
Page 79 - That though, for taking a ship on the seas, " trespass would lie at common law, yet, when it was " taken as prize, though taken wrongfully, though it " were acquitted, and though there were no colour...
Page 59 - There is another claim under this contract for 60 dollars, to take the libellant back to the Havannah, on being discharged here. The maritime custom is, that if a master or owner discharge a mariner in a foreign port, before the completion of the voyage for which he engaged, some reasonable allowance shall be made, over and above the wages due, to enable him to return to his own country, or...
Page 89 - Since, then, I cannot but consider the case of Silas Talbot as properly belonging to the prize court of admiralty, and that the present suit originates from, and is a supplementary part of, that transaction; I cannot (according to the first principle stated) but overrule the present plea to the jurisdiction of this court. I conclude with this observation, that in all pleas of this kind, where the law is doubtful, the leaning...
Page 52 - ... and in one of his majesty's ports, should not have credit for a few days' provisions, until the proper officer could be applied to, is too incredible to be seriously admitted. Still less can it be a sufficient ground for an hypothecation, that the mariners must have wages paid to them, in a place where it does not appear that any wages were due, nor is it probable that any could be due, because this was neither the conclusion of the voyage, nor even a port of delivery. The money ought to have...
Page 62 - ... besides, I suspect that this contract, which bears a printed seal, or stamp, could not be legally executed, according to the regulations of the Spanish maritime laws and customs, but in the presence of a notary, or some public officer. But it was not necessary to clear up these appearances, as the cause may be decided on other grounds. Upon the whole, I adjudge and decree, that Canizares, the libellant, have and receive from Juan Joseph de Aguire Perez \ the respondent, the sum of 112 dollars...
Page 6 - JIQ ts owners, nor any goods of their's, nor ** of his own, and cannot find means to *' take up by exchange or otherwife, and ". that for want of money the voyage " might be retarded or overthrown, " monies may be taken up upon bot* tomry,

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