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tm. ike manner, in the said newspapers, or in such of them as he shall for that purpose 20 April 1818 des gnate, the public treaties (a) entered into and ratified by the United States.(b)

the constitution.

2. Whenever official notice shall have been received, at the department of state, tl.at Ibid. 2. any amendment which heretofore has been, or hereafter may be, proposed to the constitu- Amendments te tion of the United States, has been adopted, according to the provisions of the constitution, it shall be the duty of the said secretary of state forthwith to cause the said amendment to be published in the said newspapers authorized to promulgate the laws, with his certificate, specifying the states by which the same may have been adopted, and that the same has become valid, to all intents and purposes, as a part of the constitution of the United States.

Ibid. 3.

delay.

3. The proprietor of every newspaper in which the laws, resolutions, treaties or amendments, shall be so published, shall receive, as full compensation therefor, at the Compensation for rate of one dollar for each printed page of the laws, resolutions and treaties, as published publication. in the pamphlet form in the manner hereinafter directed. And if it shall appear, on the examination of any account, that there has been any unreasonable delay or intentional Deduction for omission in the publication of the laws aforesaid, the proper accounting officer of the treasury is hereby authorized and required to deduct, from such account, such sum as shall be charged therein for the publication of any laws which shall have been so unrea- Newspaper to be sonably delayed or intentionally omitted. And in any such case it shall be the duty of the secretary of state to discontinue the publication of the laws in the newspaper belonging to such proprietor, and such newspaper shall, in no event, be again authorized, nor shall the proprietor thereof be again employed, to publish the laws of the United States.

discontinued.

4. The secretary of state shall cause to be published, at the close of every session of Ibid. 24. congress, and as soon as practicable, eleven thousand copies of the acts of congress at Acts of congress, large, (c) including all resolutions passed by congress, amendments to the constitution &c., to be printed. adopted, and all public treaties made and ratified since the then last publication of the laws; [which copies (d) shall be printed on paper, and in the size of the sheet and type, in a manner to correspond with the late revised edition of the laws, published by Bioren & Co.,] which copies shall be distributed in the following manner: To every person who has been How distributed president of the United States, one copy to each, during their respective lives; to the present and every future president and vice president, one copy to each, during their lives; one copy to the actual president and vice president, to be deemed an appurtenant to their offices respectively; to each member of the senate and house of representatives, and to each delegate in congress from any territory, one copy each; twenty copies to the secretary of the senate, and fifty copies to the clerk of the house of representatives, for the general use of the committees and members of the respective houses; to the judges and clerks of the supreme and district courts, and to the marshal and attorney of each district or section of a district, one copy each; to the secretaries of state, of the treasury, of war and of the navy, and to each of their chief clerks one copy each; one copy to the attorney-general, to each of the comptrollers and auditors, and to the register and treasurer of the United States, and to the commissioner of the revenue, and the commissioner of the general land office, and to the paymaster-general, and the adjutant and inspectorgeneral, and to the commissary-general of supplies, and the director of the mint; one copy to each collector, naval officer, surveyor and inspector of the customs; to the governors, judges, secretaries and clerks of the territories of the United States, one copy each; to the postmaster-general, and each assistant, one copy; and one copy to each of the surveyors-general of the lands of the United States, and to each register of a land office; and one copy to each publisher of a newspaper authorized to promulgate the same. The delivery of the said copies shall be under the direction of the secretary of state, or such officer as he shall, for that purpose, authorize.

Ibid. 25.

5. Three hundred of the said copies shall be annually placed in the library of congress; and every member of congress, and every delegate shall be entitled to the use of Library of cona copy during the session, and the same shall be returned and accounted for, as may be gress. prescribed by the rules of the library. And one hundred of the said copies, authorized Army and navy. by this act to be printed, shall be delivered to the secretary of war, and fifty copies to the secretary of the navy, to be by them respectively distributed among such officers of the army and navy as the public service may require. Four hundred copies shall be Foreign minis reserved by the secretary of state, to be distributed by him, at his discretion, among the public and foreign ministers and consuls and other public agents.

ters.

6. The residue of the said number of copies, authorized to be printed, shall be distributed among the several states and territories, in proportion to the number of represen

(a) Also the treaties with the Indian tribes, by act 3 March 185; infr. 12. See 6 Opin. 627. as to the law previously to the pas-aze of that act.

(b) This section was repealed by acts 11 May 1820 3 Stat. 576), and 26 August 18425 Stat 527); but is re-enacted by act 8 August 1846- infra, 10-11

Ibid. 2 6.

n

(c) By resolution of 3 April 1818, an alphabetical index of the acts and joint resolutions passed at the preceding session of e gress, is to be preparel, printed and distributed therewith. 3 Stat. 475.

(d) Altered; see infra, 18.

20 April 1818. tatives and delegates to which each state and territory may be entitled in congress, at the time of such distribution.

Ibid. 27. Contracts for publication.

Ibid. 28. Repealing section.

8 Aug. 1846,

9 Stat. 76.

Ibid. 29.

9. Whatever sum of money may be necessary to carry into effect this act, besides any Appropriations. specific appropriations, for the same objects, that have been, or may be, made, shall be paid out of any money in the treasury not otherwise appropriated.

10. That the 21st section of the act entitled "An act legalizing and making appropriations for such necessary objects as have usually been included in the general appropriation bills, without authority of law, and to fix and provide for certain incidental expenses of the departments and offices of the government, and for other purposes," approved August 26, 1842, be, and the same is hereby repealed. (a)

11. That so much of the act entitled "An act to provide for the publication of the laws of the United States, and for other purposes," approved April 20th, 1818, as is repealed by the said 21st section, be and the same is hereby, revived and continued in force:(b) Provided, that the secretary for the department of state shall cause the publication of such laws, resolutions, treaties and amendments, in two of the newspapers in the dis trict of Columbia, and in each of the several states and territories of the United States, and no more.

Act of 1842 repealed.

Ibid. 2. Act of 1818 revived.

Publication in newspapers.

1.

7. Whenever the secretary of state shall enter into any contract with any person for the publication of the laws, in the pamphlet form, as aforesaid, he shall require at least two good and sufficient sureties for the faithful performance of the contract; and, in every such agreement, it shall always be stipulated that the number of copies hereby author. ized to be printed, shall be delivered at the office of the secretary of state within thirty days after the adjournment of each session of congress, and that, for every day's delay in such delivery, the person so contracting shall forfeit the sum of one hundred dollars, to be deducted from the compensation to which he otherwise would have been entitled.

8. That all acts, or parts of acts, heretofore passed, which in any manner contravene the provisions of this act, or which may be inconsistent with the same; and all acts, or parts of acts, in which are contained any provisions for the publication of the laws, either in a pamphlet form or in newspapers, be, and the same are hereby repealed.

3 March 1855, 14. 10 Stat. 671.

12. The treaties made during the present congress, with the Indian tribes, and those to be made in future, shall be published as the laws and other treaties in the newspapers Indian treaties. of such states and territories as the secretary of the interior may think expedient.

II. STATUTES AT LARGE.

5 Stat. 798.

8 March 1845. 31. 13. The attorney-general is hereby authorized and directed to contract, on behalf of the general government, with Messieurs Little and Brown, for one thousand copies of Attorney-general their proposed edition of the Laws and Treaties of the United States, at a price not

the statutes at large. Conditions.

exceeding three dollars and fifty cents a volume: Provided, nevertheless, That the contract aforesaid shall be made upon the terms and conditions following, that is to say: First. That the work shall be executed from stereotype plates, in the style proposed by the said Little and Brown in their memorial presented to congress at the present session thereof, in volumes, well bound, of not less than eight hundred super-royal octavo pages, with a very wide text, and a syllabus of each section in small type; the text to be on long primer, the types having a full round face, and being entirely new, and the paper to be of the best quality, sized, so that notes, in manuscript, may be written on the margin of the pages. Second. That the work shall contain the articles of confederation, the constitution, all the public and all the private laws and resolves, whether obsolete, repealed or in force, and whether temporary or permanent, as well those respecting the district of Columbia as all others, and all treaties with foreign nations and Indian tribes; but the treaties may be printed separately, and the private laws separately, in the same style and in the same order of arrangement with the others; the general laws and resolves to be contained in four octavo volumes, and the private laws and treaties in two additional octavo volumes. Third. There shall be a reference by a foot note, in small type, at the bottom of each page, to all laws passed subsequently or previously to that in the text, on the same subject, whether printed in pamphlet or otherwise, with such explanations as may aid in obtaining a knowledge of the changes of congressional legislation on the subjects of the laws; and in the volumes of the treaties there shall be such reference, and by a similar note, to all the legislation of congress, on the subjects of the treaties. Fourth. If parts of the law only have been repealed, or parts only are in force, it shall be accurately and exactly marked in the margin. Fifth. The laws, resolves and treaties shall be arranged in strict chronological order; the laws of each session furnishing chapters, designated numerically to the end of each session, and the whole series of laws of each session to be described as one statute; the day of the approval of each act to be stated at the end thereof; a running title at the head of each page, to express the session of congress, the date and chapter of each act; at the begin

(a) See supra, 1, note (b).

(b) Supra, 1.

ning of each congress shall be stated the place where the session was held, the name of 8 March 1845. the president of the United States, of the president of the senate, and the speaker of the house of representatives. Sixth. At the foot of each page, in a note, reference shall be made to all decisions of the supreme, circuit and district courts, construing or applicable to the law or treaty in the text. Seventh. There shall be a full alphabetical verbal general index of all the matters of the laws, resolves and treaties, at large, under the leading heads, with full reference, under the minor heads, to all the matters, according to the plan and illustration in the memorial aforesaid; and a separate index of the matters in each volume, prepared in the same manner as the general index, shall be subjoined to each volume. There shall be an appendix at the end of each volume, containing a complete list of all the acts, resolves and treaties in the volume, chronologically arranged, with a brief and general description of the subject of the act, in this form, that is to say:

Stat. 1789, chap. 1. Oaths of office.

Stat. 1789, chap. 2. Duties.

Stat. 1789, chap. 3. Duties on tonnage.

Stat. 1789, chap. 4. Establishment of executive departments.

Eighth. The said Little and Brown shall stipulate, with good and sufficient and satisfac- Additional tory security, to furnish the United States with such additional copies of the work, in copies. all respects like the foregoing, as the government from time to time may require, at prices not to exceed two dollars and seventy-five cents a volume; and they shall stipulate, with such security for the faithful performance of all parts of the contract which Security. the attorney-general is herein authorized to make; and, in addition to such security, they shall execute to the United States a conveyance of the stereotype plates from which the first copies shall be printed, for the purpose of printing the additional copies thereof, in such form that in whosesoever hands the plates may be at any future and distant period of time, the delivery of such additional copies to the United States may be effectually secured; they shall make immediate insurance on such plates, for the benefit of the United States and the proprietors of the plates, against loss by fire; and on the plates of the title page of each volume the interest of the United States in the plates as defined by this resolution, shall be printed. Ninth. Before the United States shall be Approval. called on to pay for any volume of the work, it shall be submitted to the attorneygeneral, or to such other officer or officers of government as congress may designate; and on his or their approbation thereof, and his or their decision that it is edited and printed in all respects according to the contract, it shall be paid for from the treasury of the United States.

14. That, for the purpose aforesaid, there be appropriated and paid, out of any money in the treasury not otherwise appropriated, a sum not exceeding twenty-one thousand dollars.

Ibid. 2 2. Appropriation.

9 Stat. 75.

15. That the one thousand copies of Little and Brown's edition of the laws and treaties 8 Aug. 1846, § 1 of the United States, already purchased by congress, be distributed, under the direction of the secretary of state, as follows: One copy to the president and one copy to the vice How distributed president of the United States; one copy to each of the justices of the supreme court of the United States, and to the clerk of said court; one copy to each of the heads of departments, and one copy to the attorney-general of the United States; one copy to each of the several states and territories of the Union, to be placed in the library of such state or territory; one copy each to the governments of Great Britain, France, Russia, Austria, Prussia, Spain, Portugal, Sweden, Denmark, Bavaria, the Netherlands, Belgium, Sardinia, Greece, Turkey, Tuscany, the Ecclesiastical States, the Two Sicilies, China, Brazil, Mexico, New Grenada, Venezuela, Chili, Peru, the Argentine Confederation and the Sandwich Islands; forty copies to the heads of departments, for the use of their various offices and bureaus; two hundred and eighty copies to the librarian of congress, for the use of the members of the senate and house of representatives during the sessions of congress; four copies to the law library of congress; twenty copies to the secretary of the senate, and fifty copies to the clerk of the house of representatives, for the chambers and committee rooms of the two branches; one copy to the judge and one copy to the district attorney, and one copy to the clerk, of each of the district courts of the United States; one copy to each of the judges and clerks of the supreme courts of the territories and district of Columbia; one copy to each collector of customs in the United States; one copy to each surveyor of the customs at places where there is no collector; one copy to each of the surveyors-general of the public lands, and to each register and receiver of the land offices; one copy to each of the foreign ministers of the United States; one copy to the library of each navy yard in the Union; one to the naval lyceum at Brooklyn, New York; one to the naval school at Annapolis, Maryland; one to the naval institute at Charleston, Massachusetts; and one copy to the military academy at

8 August 1846.

Officers to hold

the same as pro

perty of the government.

Ibid. 2. To be evidence

7 August 1846. 9 Stat. 339.

17. That the secretary of state cause to be furnished to each of the clerks of the several district and circuit courts of the United States a sufficient number of copies of To be furnished Little and Brown's edition of the statutes at large, with those heretofore received, to supply

to clerks of courts.

West Point: and the residue of said thousand copies shall remain at the future disposal of congress: Provided, That the copies of the laws thus distributed to public officers shall be held for the use of their respective offices, and as the property of the govern ment; and that, in case of the death, resignation or dismission from office, of either of said officers, or whenever their terms of office shall expire, the said copies of the laws shall be delivered up to their successors in said offices and a printed copy of this proviso shall be inserted into each of the volumes thus distributed.

20 Sept. 1850. 9 Stat. 564.

16. And whereas said edition of the said Laws and Treaties of the United States has been carefully collated and compared with the original rolls in the archives of the government, under the inspection and supervision of the attorney-general of the United States, as duly certified by that officer; therefore, Be it further enacted, That said edition of the Laws and Treaties of the United States, published by Little and Brown, is hereby declared to be competent evidence of the several public and private acts of congress, and of the several treaties therein contained, in all the courts of law and equity and of maritime jurisdiction, and in all the tribunals and public offices of the United States, and of the several states, without any further proof or authentication thereof.

18. That the secretary of state be authorized and directed to contract with Little and Brown to furnish their annual Statutes at Large, printed in conformity with the plan Annual statutes adopted by Congress in 1845, instead of the edition usually issued by his order, under to be contracted the act of congress of April 20th, 1818, and which conforms to an edition of the laws now out of use.

for.

the clerk's office at each place where said courts are required by law to be held, one copy for the use of said clerk's office and of said courts.(a)

[blocks in formation]

(a) By resolution of 11 August 1848, four copies to be furnished to the solicitor of the treasury for the use of his office. 9 Stat. 340.

I. ADMIRALTY JURISDICTION.

(b) See ante 8, note (s).

(c) The circuit courts have no original jurisdiction in admiralty. Governor of Georgia r. Madrazo, 1 Pet. 121. Ketland . The Cassius, 2 Dall. 365. And neither the president, nor any inferior executive officer, can establish a court of prize, competent to take jurisdiction of a case of capture jure belli.“ Jecker v. Montgomery, 13 How. 498.

(d) The district court, as a court of original juris liction, has general jurisdiction of all causes of admiralty and maritime jurisdiction, without reference to the sum or value of the matter in controversy. Stratton e. Jarvis, 8 Pet. 11.

5. Judge in vacation may order property to be delivered to claimant, or to be sold. Bond, how taken. Notice.

(e) This comprehends all maritime contracts, and those which relate to the navigation, business or commerce of the sea, and the building, repairing or supplying of vessels. Davis v. A New Bri. Gilp. 473. If the subject-matter of a contract concern the navigation of the sea, it is a case of admiralty and maritime jurisdiction; although the contract be made on land. Such are the contracts of material-men. Zane v. The Brig President, 4 W. C. C. 453. Where repairs have been made, or necessaries furnished to a foreign ship, or a ship in a port of a state to which she does not belong, the general maritime law gives the party a lien; and he may maintain a suit in rem. in the admiralty, to enforce his right. But in respect to repairs and necessaries in the port or state to which the ship belongs, the case is governed altogether by the municipal law of that state; and no lien is implied, unless it be recognised by that law. The General Smith, 4 Wh. 438. Peyroux e. Howard, 7 Pet. 324. Davis . A New Brig. Gilp. 473. Zaue v. The Brig President, 4 W. C. C. 453. So, also, the courts have admiralty jurisdiction, as well in personam as in rem, over libels founded or contracts of affreightment to be executed on the sea.

6. Marshal may take stipulation. Surety to be approved. Costs limited. How applied. Proctor's fees.

IV. SEAMEN'S WAGES.

7. When and where seamen may demand wages. How recoverable. Certificate to be issued to clerk of the district court. Who shall issue admiralty process. All may join. Contract and log-book to be produce Remedies at common law reserved. 8. Canal-boats not to be libelled for wages.

shall also have exclusive original (c) cognisance of maritime jurisdiction, (e) including all seizures (g)

New Jersey Steam Navigation Co. v. Merchants' Bank, 6 How. 344. Bazin v. Liverpool and Philadelphia Steamship Co., 5 Am. L. R. 465. Thatcher v. McCulloh, Olcott, 365. And in cases of general average. Mutual Safety Insurance Co. v. Cargo of the Brig George, Olcott. 89. Their jurisdiction embraces all cases of a maritime nature, whether they be particularly of admiralty cognisance or not; and such jurisdiction, and the law regulating its exercise, are to be sought for in the general maritime law of nations, and are not confined to that of England, or any other particular maritime nation. Davis v. The Brig Seneca, 6 Penn. L. J. 213. The Friendship, 2 Curt. C. C. 426. They have also jurisdiction in cases of prize. Jennings v. Carson's Executors, 1 Pet. Adm. 9-10. Glass . The Sloop Betsey. 3 Dall, 6, Jecker v. Montgomery, 13 How. 517. And of all cases of marine trespass or tort. The Amiable Nancy, 1 Paine, 111. s. c.. 3 Wh. 546. The admiralty, however, has no jurisdiction in matters of account between part owners. Steamboat Orleans v. Phoebus, 11 Pet. 175. And see Vandewater 7. Mills, 19 How. 82.

(9) The district court of the district where the seizure is made, has exclusive jurisdiction. The Brig Little Ann, 1 Paine, 40. United States v. The Betsey, 4 Cr. 452. Keene v. United States, 5 Ibid. 310. The Merino, 9 Wh. 402. It derives its jurisdiction, not from any supposed possession of its officers, but from the act and place of seizure for the forfeiture. Schooner Bolina, 1 Gall. 83. Though a superior physical force is not necessary to make s seizure, the party in possession must have submitted to the control of the seizing officer, otherwise the seizure is not made. The Josefa Segunda, 10 Wh. 312. And to confer jurisdiction on the court there must be a good subsisting seizure at the time when the libel or information is filed and allowed. The Brig Aun, 9 Cr. 289. The Josefa Segunda, 10 Wh. 312. The Schooner Silver Spring, 7 Law Rep. 261.

under laws of impost, navigation or trade of the United States, where the seizures are 24 Sept. 1789. made on waters which are navigable from the sea (a) by vessels of ten or more tons burAdmiralty juristhen, within their respective districts, as well as upon the high seas; (b) saving to suitors, diction of the in all cases, the right of a common law remedy, where the common law is competent to give it. (c)

district courts.

1 Stat. 276.

2. The forms of writs, executions, and other process, except their style and the forms 8 May 1792, 3 2. and modes of proceeding in suits *** shall be *** in those of equity and in those of admiralty and maritime jurisdiction, according to the principles, rules and usa- Forms of process and proceedings. ges which belong to courts of equity and to courts of admiralty respectively, as contradistinguished from courts of common law ; (d) except so far as may been provided for by the act to establish the judicial courts of the United States, (e) subject, however, to such alterations and additions as the said courts respectively shall in their discretion deem expedient, or to such regulations as the supreme court of the United States shall think proper, from time to time, by rule, to prescribe to any circuit or district court concerning the same.(g)

II. JURISDICTION OVER THE LAKES AND RIVERS.

5 Stat. 726.

diction extended

rivers in certain

ing.

3. The district courts of the United States shall have, possess and exercise the same 20 Feb. 1845, § 1. jurisdiction in matters of contract and tort, arising in, upon or concerning, steamboats and other vessels (h) of twenty tons burden and upwards, enrolled and licensed for the Admiralty juriscoasting trade, and at the time employed in business of commerce and navigation between over the lakes ports and places in different states and territories upon the lakes and navigable waters and navigable connecting said lakes, as is now possessed and exercised by the said courts in cases of the cases. like steamboats and other vessels employed in navigation and commerce upon the high seas, or tide waters, within the admiralty and maritime jurisdiction of the United Mode of proceedStates; (i) and in all suits brought in such courts, in all such matters of contract or tort, the remedies, and the forms of process, and the modes of proceeding, shall be the same as are or may be used by such courts in cases of admiralty and maritime jurisdiction; and Rule of decision. the maritime law of the United States, so far as the same is or may be applicable thereto, shall constitute the rule of decision in such suits, in the same manner, and to the same extent, and with the same equities, as it now does in cases of admiralty and mari- Trial by jury re time jurisdiction, (k) saving, however, to the parties the right of trial by jury of all facts put in issue in such suits, where either party shall require it;(7) and saving also to the parties the right of a concurrent remedy at the common law, where it is competent Concurrent remeto give it, and any concurrent remedy which may be given by the state laws, where such steamer or other vessel is employed in such business of commerce and navigation.

served.

dies.

III. PROCEEDINGS IN THE ADMIRALTY.(m)

1 Stat. 88-9.

amination of wit

4. The mode of proof by oral testimony and examination of witnesses in open court shall 24 Sept. 1789. 8 30. be the same in all the courts of the United States, as well in the trial of causes in equity and of admiralty and maritime jurisdiction, as of actions at common law. * * *And Proof by oral exin the trial of any cause of admiralty or maritime jurisdiction in a district court, the nesses. decree in which may be appealed from, if either party shall suggest to and satisfy the court that probably it will not be in his power to produce the witnesses there testifying before How taken down the circuit court should an appeal be had, and shall move that their testimony be taken in case of appeal. down in writing, it shall be so done by the clerk of the court: And if an appeal be had, such testimony may be used on the trial of the same, if it shall appear to the satisfaction Effect thereof.

(a) That is within the ebb and flow of the tide. The Thomas Jefferson, 10 Wh. 428. Peyroux v. Howard, 7 Pet. 342. Steamboat Orleans v. Phoebus, 11 Ibid. 183. Waring v. Clarke, 5 How. 441. The Salisbury, Olcott, 71. But the admiralty jurisdiction granted by the constitution extends to the navigable lakes and rivers of the United States, without regard to the ebb and flow of the tides of the ocean; and, therefore, congress had power, under that provision, to pass the act of 1845; (infra 3). Genesee Chief v. Fitzhugh, 12 How, 443.

(b) Cases under this clause are purely of admiralty jurisdiction; in all other cases of seizures, the jurisdiction is on the common law side of the court. Clark v. United States, 2 W. C. C. 519.

(e) This leaves the concurrent power where it stood at common law. The common law courts exercise a concurrent jurisdiction in nearly all cases of admiralty cognisance, whether of tort or contract, with the exception of proceedings in rem. New Jersey Steam Navigation Co. v. Merchants Bank, 6 How. 390. Thus, the jurisdiction of the admiralty courts of the United States over questions of salvage, is concurrent with that of the state courts and not exclusive. Cashmere v. Crenell, 2 Am. L. J. 166. And see The Globe, 3 Ibid. 346-7. But the jurisdiction of the federal ecurts is exclusive of that of the state courts, except as to the common law remely. They have no concurrent jurisdiction to proceed in rem. Ashbrook v. The Golden Gate, 1 Newb. 296.

(d) A court of admiralty may compel appearance by an attachment of goods, and of rights and credits, in the hands of a third person, and may condemn the property attached to satisfy the claim. Mauro r. Almeida, 10 Wh. 473. Bouysson v. Miller, Bee, 186. And see Lane v. Tow asend. Ware, 286.

(e) Act 24 September 1789. 1 Stat. 73.

6) The act 29 September 1789. (1 Stat. 93) which continued in

force until the passage of the act in the text, provided that the
forms and modes of proceeding. in cases of admiralty and mari-
time jurisdiction, should be according to the course of the civil
law. The provisions of the act in the text have been extended to
the states since admitted into the Union, by acts of 19 May, 1828,
1; 4 Stat. 278; and of 1 August 1842, 21; 5 Stat. 499.
(h) Coal barges are not within the act. Jones v. Cincinnati Coal
Co.; 3 Am. L. R. 391.

(i) This is within the grant of admiralty jurisdiction conferred by the constitution. Genesee Chief v. Fitzhugh, 12 How. 443. Waring v. Clark, 5 Ibid. 441. It seems, however, that contracts for materials furnished, at the home port, in the building of vessels, are not within the act. Ludington v. The Nucleus, 2 Am. L. J. 563. Merritt v. Sackett, Ibid. 341; 8. c., 2 Law Rep. 511. And see Putney v. The Celestine, 4 Am. L. J. 164. The Globe, 3 Ibid. 337. This jurisdiction is not, as between the state and federal courts, exclusive but concurrent, with the common law and statutory remedies in the state. Thompson v. Steamboat Morton, 2 Ohio (N. S.), 26.

(k) Independently of this provision, under the constitution, the maritime law of the United States has the same application to cases upon the lakes as upon tide waters. Wolvesten v. Lacey, 8 Law Rep. 672.

(7) In admiralty and maritime cases, the constitution contains 30 limitation as to the mode of proceeding, and congress may, therefore, give to either party the right of trial by jury, or modify the practice of the court in any other respect that it deems more conducive to the administration of justice. Genesee Chief v. Fitzhugh, 12 How. 460.

(m) See tit. "Practice," 5.

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