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cognized by courts exercising admiralty jurisdiction, that an ascend-
near that it would be possible for a collision to occur. Ib.
in her proper place, it is the duty of the ascending boat so to regu-
late ber movements as to keep out of the way. Ib.
lision, for an ascending boat to attempt to cross the bow or in front
to exclude the possibility of their coming in contact. Ib.
down, must either slacken her speed or stop altogether until the
another in running into her unless it is unavoidable. Ib.
vigilance and greater precaution than are required of the latter.
McGrew v. Steamboat Melnotte, 453.
course to facilitate the passage of the boat which is astern, and the
risk of the attempt. Ib.
making the attempt to pass is lightly laden and easily controlled,
and the other is moved with difficulty. Ib.
ascending boat has the right to indicate a preference as to her course
Steamboat Goody Friends, 459.
so to indicate, that the other boat may be navigated accordingly. Ib.
JURISDICTION; PROCEEDS; CONTRACT; EVIDENCE; LIEN; MA-
dressed to advertise the interest of the writer for sale, and in thus ad-
vertising to act as his agent, confers no authority to sell, and a sale
under it is a nullity. Thurston v. Steamboat Magnolia, 92.
with due deliberation, adopts and affirms it, it is obligatory on him
wise, if done under circumstances which repel the inference of a
fraudulent purpose. Coolidge f Dubarrow v. Curtis, 222.
1853, “declaring the effect of assignments to trustees, in contempla-
the creditors." Ib.
or transfer has been made by an insolvent debtor to indemnify a
provided for, for any surplus after paying the debts for which he
ute referred to. Ib.
See DEBT AND DEBTOR; LIEN; PARTIES.
without compulsion he sought an investigation of the charge is not
States v. Crow, 51.
manently residing in Chicago, and having resided there till 1859, in
v. Western Female Seminary, 578.
did not, under the circumstances of this case, prevent the plaintiff
from becoming a citizen of Illinois. Ib.
ages for the injury, it must appear not only that the respondents'
which contributed to the collision. Schenck v. Steamboat Fremont, 57.
she will take, and to signal accordingly, but has no right to insist on
this rule when its observance will render a collision probable. Ib.
when it is practicable to avoid it, Western Insurance Co. v. Steam-
boat Goody Friends, 459.
Court of the United States in Indiana, to take depositions in a case
laws of the United States. United States v. Coons, 2.
independent powers, there must be a suspension of all commercial
intercourse between their citizens; but this principle has not been
eracy. United States v. Six Boxes of Arms, 446.
the constitution of the United States, or release the citizens of any
ment. United States v. Cathcart, 556.
several States, from which any State may withdraw at pleasure, with
or without cause. 1b.
not by the States in their sovereign capacities, but, as the preamble
ernment for the people. Ib.
preme within its sphere of action, and laws passed pursuant to the
constitution, form the supreme law of the land. Ib.
views of the Supreme Court of the Stato. Stapp v. Steamboat Swal-
of the highest court of the State, the courts of the United States uni-
formly adopt such construction. Coolidge v. Dubarrow, 222.
for the exchange of certain barges, and stipulating, among other
exchange; but each party is entitled to a reasonable time to make
Dick Keyes,, 164.
terms of a written contract, and there is no ambiguity, either latent
tion of the agreement. Ib.
iron, the contract is not complied with on the shipment of the iron.
Thompson v. C. and Z. Railroad, 152.
contract, were lost at sea, the risk of the transportation was on the
of the iron thus lost, the rule of damage is the difference between
omitted, and the contract is of such a nature that the actual dam-
White v. Arleth, 319.
ponent of the intention of the parties to it, and can not be varied or
contradicted by extrinsic evidence. McNamara v. Gaylord, 302.
in consideration of which the other party is to do another act at the
ply with the agreement, or a sufficient excuse for not doing so. Ib.
The destination of arms and munitions of war, and the use intended to
be made thereof, at the time of seizure, must furnish a test of their
single sheet, containing diagrams representing a system of taking