Reports of Cases Argued and Determined in the Circuit Court of the United States, for the First Circuit ...: Containing the Cases Determined in the Districts of New-Hampshire, Massachusetts and Rhode-IslandWells and Lilly, 1815 - Law reports, digests, etc |
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Page 19
... objections urged against it was , that in civil causes it did not secure the trial of facts by a jury . And that the ... objection by shewing , that it was within the authority of Congress to provide in all cases for the trial by jury ...
... objections urged against it was , that in civil causes it did not secure the trial of facts by a jury . And that the ... objection by shewing , that it was within the authority of Congress to provide in all cases for the trial by jury ...
Page 21
... objection against the constitution originally contem- plated a reverse sense of the word , viz . that the court , and not the jury , might review the facts . If this be true , then the present attempt , to claim of right a new trial in ...
... objection against the constitution originally contem- plated a reverse sense of the word , viz . that the court , and not the jury , might review the facts . If this be true , then the present attempt , to claim of right a new trial in ...
Page 24
... objection therefore cannot prevail . 8. It is said in the next place , that these causes are in the nature of proceedings , in rem , in the exchequer , and ought not to be varied by amendments , after they have be- come records of the ...
... objection therefore cannot prevail . 8. It is said in the next place , that these causes are in the nature of proceedings , in rem , in the exchequer , and ought not to be varied by amendments , after they have be- come records of the ...
Page 28
... objection is , that the declaration contains no averment , that the plaintiff in error was knowingly concern- ed in procuring or effecting the departure of the vessel . To this it is a sufficient answer , that the offence is stated in ...
... objection is , that the declaration contains no averment , that the plaintiff in error was knowingly concern- ed in procuring or effecting the departure of the vessel . To this it is a sufficient answer , that the offence is stated in ...
Page 30
... objection , and the last , that has been relied on , is , that the offence is not alleged to be contra formam statuti . This has presented the principal difficulty . The general rule , that all offences against statutes shall conclude ...
... objection , and the last , that has been relied on , is , that the offence is not alleged to be contra formam statuti . This has presented the principal difficulty . The general rule , that all offences against statutes shall conclude ...
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Common terms and phrases
action admiralty admitted aforesaid alleged Ann Green appear arrival authority bill Blake bond Boston bound brig British capture cause Circuit Court cited citizens claim claimants collector common law condemnation confiscation considered construction contended contract counsel damages debt declaration decree defendant demnation discharge District Court District Judge doctrine doubt duties Eastport embargo acts enemy entitled evidence execution facts farther proof foreign port foreign voyage forfeited forfeiture Ibid illegal insolvency intention JOSEPH STORY judgment jurisdiction jury Legislature license master ment merchandize Messrs Monroe neutral neutral country offence officer opinion owner party patent penalty person plaintiff in error plea pleadings present principle prize court prize law proceed proceedings prohibited question Rhode-Island rule sailed schooner scire facias seized seizure shew sloop statute STORY Supreme Court testator tion trade trial United unless verdict vessel and cargo whole William Mooney writ of error
Popular passages
Page 377 - that the laws of the several States, except where the Constitution, treaties, or statutes of the United States shall otherwise require or provide, shall be regarded as rules of decision in trials at common law in the courts of the United States, in cases where they apply.
Page 248 - THE offence of piracy, by common law, consists in committing those acts of robbery and depredation upon the high seas, which, if committed upon land, would have amounted to felony there ". But, by statute, some other offences are made piracy also: as by statute 11 & 12 W.
Page 300 - ... places every individual of the respective governments, as well as the governments themselves, in a state of hostility...
Page 6 - And upon a like process, may final judgments and decrees in civil actions, and suits in equity in a circuit court, brought there by original process, or removed there from...
Page 432 - ... a written description of his invention, and of the manner of using, or process of compounding the same, in such full, clear, and exact terms, as to distinguish the same from all other things before known, and to enable any person skilled in the art or science of which it is a branch, or with which it is most nearly connected, to make, compound, and use the same.
Page 433 - And in the case of any machine, he shall fully explain the principle, and the several modes in which he has contemplated the application of that principle or character, by which it may be distinguished from other inventions...
Page 180 - ... an act laying an embargo on all ships and vessels in the ports and harbors of the United States...
Page 7 - ... cases of equity, of admiralty and maritime jurisdiction, and of prize or no prize...
Page 36 - ... but the judgment shall remain good and sufficient in law, and may be satisfied out of any estate which may then or at any time afterwards belong to the debtor.
Page 597 - I lay it down as a fundamental proposition, that, strictly speaking, in war all intercourse between the subjects and citizens of the belligerent countries is illegal, unless sanctioned by the authority of the government, or in the exercise of the rights of humanity.