Om The American Admiralty
Reprint of the first edition. At the time of its publication there were other popular treatises on the subject in use by American lawyers, but the particularly American viewpoint and practicality of Benedict's treatise enabled it to surpass the others. Now in its seventh edition, it is still the premier work on the subject.
In addition to covering American maritime law and practice in the courts, Benedict includes comprehensive discussions of trial by jury, the ancient jurisdiction of the English admiralty, the strife between the Common Law Courts and the Admiralty in the 16th and 17th centuries, the English admiralty at the time of the American Revolution; and the admiralty jurisdiction of the state courts of admiralty, the British colonies, Scotland and Ireland, France and other portions of Continental Europe. An appendix contains rules for the United States Supreme Court, the United States District and Circuit Courts and fee schedules, statutes and forms.
Benedict [1800-1880], a noted lawyer and educator, was considered "one of the foremost admiralty lawyers of his day." He developed his expertise in admiralty law during his years as deputy clerk in the United States District Court for the Southern District of New York. Dictionary of American Biography I: 177.
CONTENTS
I. General View
II. Jurisdiction
III. Constitutional Construction
IV. Admiralty and Maritime Law
V. The ancient Jurisdiction of the English Admiralty
VI. The strife between the Common Law Courts and the Admiralty in the
16th and 17th Centuries
VII. The English Admiralty at the time of the American Revolution
VIII. The Admiralty Jurisdiction of Scotland and Ireland
IX. The Admiralty and Maritime Jurisdiction of the British Colonies
X. The Jurisdiction of the State Courts of Admiralty
XI. The Admiralty and Maritime Jurisdiction of France and other portions of Continental Europe
XII. "Admiralty" and "Maritime"
XIII. Trial by Jury-Suits at Common Law-Suits in Personam-Commerce
XIV. The Maritime Law-Maritime Contracts
XV. Ships and Vessels
XVI. Seas-Lakes-Rivers
XVII. The Question considered on Authority
XVIII. Admiralty Practice-The Organization of the Courts
XIX. The Practice of the American Admiralty Courts historically considered
XX. The General Character and Course of Admiralty Proceedings XXI. Practice of the District Court.-The Libel
XXII. Commencement of the Suit
XXIII. Mesne Process
XXIV. Interlocutory Sale or Delivery of Property
XXV. Return of Process-Default-Appearance
XXVI. The Pleadings after the Libel
XXVII. Amendments and Supplemental Pleadings
XXVIII. Stipulation and Bail
XXIX. Seamen's Wages
XXX. Prize Causes
XXXI. Hearing
XXXII. Decree
XXXIII. Execution
XXXIV. Petitions-Motions-Orders-Rules-Notices
XXXV. Admiralty and Maritime Crimes
XXXVI. Limitations
XXXVII. THE CIRCUIT COURTS OF THE UNITED STATES.
Their Jurisdiction and Practice in Admiralty and Maritime Cases
XXXVIII. THE SUPREME COURT OF THE UNITED STATES.
Its Jurisdiction and Practice in Admiralty and Maritime Cases
APPENDIX.
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