Polydore v. Prince
District Court, D. Maine
This was a libel for an assault and. battery committed by the master on a passenger, on a voyage from Guadaloupe to Portland. It appeared from the evidence that the libellant was a slave in Guadaloupe, that he was put on board the vessel by his master, Mons. Bercier, in company with his son, Eugene, a youth of about seventeen years of age, whom he was to attend during his residence in this country, as his sen-ant.
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This was a libel for an assault and. battery committed by the master on a passenger, on a voyage from Guadaloupe to Portland. It appeared from the evidence that the libellant was a slave in Guadaloupe, that he was put on board the vessel by his master, Mons. Bercier, in company with his son, Eugene, a youth of about seventeen years of age, whom he was to attend during his residence in this country, as his sen-ant. One morning, some days after they had been at sea. the captain ordered Poly-dore to clean out a hen-coop, in which there were some live fowls. Polydore refused, and the captain in…
1Opinion of the Court
WARE, District Judge.
Several objections have been taken and learnedly argued by the counsel for the respondent, to the libellant’s right to maintain this action. In the first place it is contended that he has not acquired a standing in court, by entering into the usual stipulation for costs, which was called for'by the respondent when the libel was entered. By the rules of this court (rule 33), the respondent may always call for this stipulation, which the libellant is required to give, under the pain of having his libel dismissed; and this rule is in conformity with the ancient practice of…
2Cases cited2 opinions
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