A Summary of Practice in Instance, Revenue and Prize Causes: In the Admiralty Courts of the United States, for the Southern District of New-York; and Also on Appeal to the Supreme Court: Together with the Rules of the District Court

Εξώφυλλο
Halsted and Voorhies, 1838 - 214 σελίδες
 

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Δημοφιλή αποσπάσματα

Σελίδα 83 - Such depositions may be taken before any judge of any court of the United States, or any commissioner of a circuit, or any clerk of a district or circuit court, or any chancellor, justice, or judge of a supreme or superior court, mayor or chief magistrate of a city, judge of a county court, or court of common pleas of any of the United States...
Σελίδα 83 - The testimony of any witness may be taken in any civil cause depending in a district or circuit court by deposition de bene esse, when the witness lives at a greater distance from the place of trial than one hundred miles, or is bound on a voyage to sea, or is about to go out of the United States...
Σελίδα 53 - The captor shall deliver to the judge — at the time of such notice, or to the commissioner or commissioners, when he or they shall, conformably to the foregoing rule, repair to the place where such captured property is, or at such other time as the said commissioners, or either of them, shall require the same — all such papers, passes, sea-briefs, charters, bills of lading, cockets...
Σελίδα 32 - ... of jurisdiction afterwards, why execution should not issue against them, their lands, goods and chattels, according to their stipulation; and, if no cause be then shown, due service having been made on the proctor of the party, if there be any, a summary decree shall be rendered against them on their stipulations, and execution issue; but the same may be discharged on the performance of the decree and payment of all costs and clerk's charges.
Σελίδα 60 - ... vessel to appear before him, to show cause why process should not issue against such...
Σελίδα 55 - You shall true answer make to all such questions as shall be asked of you on these interrogatories, and therein you shall speak the whole truth, and nothing but the truth, so help you God.
Σελίδα 16 - In all suits for sums certain, by paying into court the amount sworn to be due in the libel, with interest computed thereon from the time it was due to the stated term next succeeding the return day of the attachment, and the costs of the officers of the court already accrued, together with the sum of $250, to cover further costs...
Σελίδα 60 - ... the matter in dispute shall not be forthwith settled, in such case the judge or justice shall certify to the clerk of the Court of the District, that there is sufficient cause of complaint whereon to found Admiralty process, and thereupon the clerk of such Court shall issue process against the...
Σελίδα 59 - Rule 28. In all cases where a decree or commission of appraisement and sale of any ship and cargo, or either of them, shall have issued, no question respecting the adjudication of such ship and goods, or either of them, as to freight or expenses, shall be heard till the said decree or commission shall be returned, with the account of sales, and the proceeds, according to such account of sales, be paid into court, to abide the order of the court in respect thereto.
Σελίδα 61 - RULE 43. The captors of property brought in or held as prize, or which may have been carried into a foreign port, and there delivered upon bail by the captors, shall forthwith libel the same in fact, and sue out the proper process. The first process may, at the election of the party, be a warrant for the arrest of the property or person, to compel a stipulation to abide the decree of the court, or a monition.

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