United States v. Seven Hundred & Three Casks of Rice

S.D. New York

United States v. Seven Hundred & Three Casks of Rice

27 F. Cas. 1027, 1862 U.S. Dist. LEXIS 58

DecidedSeptember 16, 1862

StatusPublished

This text of 27 F. Cas. 1027 (United States v. Seven Hundred & Three Casks of Rice) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

United States v. Seven Hundred & Three Casks of Rice, 27 F. Cas. 1027, 1862 U.S. Dist. LEXIS 58 (S.D.N.Y. 1862).

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Opinion

HELD BY THE COURT

(BETTS, District Judge):

That the practice of the United States courts is governed by the rules of admiralty law disclosed in the English reports. That in England the prize jurisdiction does not depend upon locality, but on the subject-matter. It is said by Sir Wm. Scott in The Rebeekah, 1 C. Rob. Adm. 227, that “a maritime capture effected by naval persons using a force subject to their use, distinguished from an ordinary land force subject to military persons, was a maritime prize.”

Decree, therefore, condemning this property as lawful prize.

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HELD BY THE COURT

(BETTS, District Judge):

That the practice of the United States courts is governed by the rules of admiralty law disclosed in the English reports. That in England the prize jurisdiction does not depend upon locality, but on the subject-matter. It is said by Sir Wm. Scott in The Rebeekah, 1 C. Rob. Adm. 227, that “a maritime capture effected by naval persons using a force subject to their use, distinguished from an ordinary land force subject to military persons, was a maritime prize.”

Decree, therefore, condemning this property as lawful prize.

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Bluebook (online)

27 F. Cas. 1027, 1862 U.S. Dist. LEXIS 58, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-seven-hundred-three-casks-of-rice-nysd-1862.