Amendments to Admiralty Law: Hearings Before the Subcommittee of the Committee on the Judiciary, United States Senate, [61st Congress, 2nd Session] ... on the Bills S. 6289, ..., S. 6290 ..., S 6291 ..., S. 7334 ..., S 7501 |
Common terms and phrases
able report admiralty court admiralty jurisdiction admiralty law agents American Bar Association bill permitting suits British Chairman and gentlemen circuit court citizens Code Napoleon committee common law confer Congress counselor at law Court of Claims damages death claimants decision district court domestic vessels enforced England Esparta favor February 11 federal courts filed foreign Gladiator government vessel HAYDEN held HUGHES introduced by Senator Justice Kelley liability libel lien bill liens for necessaries liens on vessels Lottawanna Louisiana Maritime Law Association maritime liens MASTEN navigating officer necessaries furnished negligence Newchwang party person personam petition of right present principle private owner question referred remedy right of action Senator BRANDEGEE Senator DILLINGHAM Senator Hoar Senator Lodge ship SMITH solely in fault sovereign special legislation Stats steamer steamer St sued Supreme Court sustained THACHER tion torts Tucker Act vessel owners vessels for repairs WHITELOCK York
Popular passages
Page 30 - read: That this act shall supersede the provisions of all state statutes conferring liens on vessels in so far as the same purport to create rights of action to be enforced by proceedings in rem against vessels for repairs, supplies, and other necessaries.
Page 32 - And this act shall not be construed to affect the rules of law now existing, either in regard to the right to proceed against a vessel for advances, or in regard to laches in the enforcement of liens on vessels, or in regard to the priority or rank of liens, or in regard to the right to proceed in personam.
Page 25 - It does not exist by virtue of any statute, nor does the recent legislation in England concerning it do more than to regulate the manner of its exercise and to confer on the petitioner the privilege, not before granted, of instituting his proceeding in any one of the superior courts of common law or equity in Westminster.
Page 6 - on the vessel which may be enforced by a proceeding in rem, and it shall not be necessary to allege or prove that credit was given to the vessel.
Page 26 - I wish the state of society was so far improved and the science of government advanced to such a degree of perfection as that the whole nation could, in the peaceable course of law, be compelled to do justice and be sued by individual citizens.
Page 26 - said: As no person in this Government exercises supreme executive power or performs the public duties of a sovereign, it is difficult to see on what solid foundation of principle the exemption from liability to suit rests.
Page 6 - or of a person by him or them authorized, shall have a maritime hen on the vessel which may be enforced by a proceeding in rem, and it shall not be necessary to allege or prove that credit was given to the
Page 6 - that any person furnishing repairs, supplies, or other necessaries, including the use of dry dock or marine railway, to a vessel, whether foreign or domestic, upon the order of the owner or owners of such
Page 25 - This valuable privilege, secured to the subject in the time of Edward the First, is now crystallized in the common law of England. As the prayer of the petition is grantable ex debito justitiee, it is called a petition of right, and is
Page 15 - The committee think that the Government of the United States is not liable for loss or damage occasioned to private citizens by reason of any imperfection in the performance of the ordinary functions of government, or by reason of the acts, omissions, or negligence of its officers or agents in the discharge of such functions.