Gambar halaman
PDF
ePub
[blocks in formation]

1. Though a Court of Admiralty is 8.
not bound to take jurisdiction of
controversies growing out of con-
tracts between foreigners having
a domicile in this country, it
may lawfully exercise it, and
ought to do so, where justice re-
quires it. The Sailor's Bride, 68

2. It has jurisdiction in a case of
salvage rendered by an American
tug to a British vessel in Canadi-
an waters.
ibid.

3. Admiralty has jurisdiction of a
suit to recover for services of a tug
in hauling off a vessel aground,
though the same do not amount
to a salvage service. The Clar-
ion,

74

[blocks in formation]

9.

[blocks in formation]

While a natural thoroughfare,
although wholly within the do-
minion of a government, may be
passed by commercial ships of
right, yet the nation which con-
structs an artificial channel may
annex such conditions to its use
as it pleases.
ibid.

10. When it may be inferred that
the maritime law sought to be
applied is excluded by the lex
loci, the remedy in rem should be
denied. If from the circumstances
a contrary presumption arises, the
principle of the maritime law in-
volved should be enforced. ibid.

[blocks in formation]

therefore the authorities which | 20. A hull completed at the place

sustain admiralty jurisdiction
over torts and contracts, in
foreign waters, do not extend
the maritime law over it. Ad-
miralty Courts have taken juris-
diction wholly irrespective of the
fact of a tide.
ibid.

13. Inapplicability of the lex loci
contractus, the lex rei cita, and
the lex loci delicti, where obliga-
tions growing out of international
commerce are to be adjudicated
with reference to the maritime
law, considered.
ibid.

of launching received a small
cargo of flour as ballast, was
towed with her spars on deck to
another port, where her masts
were stepped, and the vessel put
in condition for navigation:

Held, that the work was done
in building the vessel, and that
admiralty had no jurisdiction.
The Iosco,

See TOWAGE, 2.

CRIMINAL LAW, 1.
LIEN, 14, 15, 16, 17.

JURY.

495

14. Saginaw river, though wholly
within the State of Michigan, is
a public navigable stream, and
within the admiralty jurisdiction. 1. Unless given by statute, there is

The General Cass,

334

[blocks in formation]

no right in admiralty to a trial
by jury. Gillet v. Pierce,

553

The Act of 1845 was passed upon
the assumption that, by the Con-
stitution and Judiciary Act of
1789, admiralty jurisdiction was
limited to tide waters; that cases
arising upon the lakes were cog-
nizable only in the common law
courts, and were consequently
triable by jury under the Consti-
tution; and that Congress could
not transfer the jurisdiction in
such cases to Courts of Admiral-
ty, without "saving to the parties
the right of trial by jury." Con-
gress did not intend by this
clause to grant a new right, but
to save one already supposed to
exist.
ibid.

3. The assumption upon which the
Act was passed having been de-
clared to have had no existence,
the entire Act, including the
saving clause of a right to a trial
by jury, became inoperative. ibid.

19. Wharves are but improvements
or extensions of the shore, and
injuries done to them, no matter
by what agency, are injuries done 4.
on land, and do not constitute
maritime torts for which an ac-
tion in the admiralty can be
maintained.

ibid.

By the Revised Statutes, how-
ever, the law is changed, and the
right to a trial by jury is express-
ly given in the class of cases
specified in the Act of 1845. ibid.

5. The party demanding a jury | 7. The general maritime law uni-

must bring himself by his plead-
ings within the provisions of the
Act.

ibid.

[blocks in formation]

versally recognized by civilized
nations gives a lien for a marine
tort upon the offending vessel,
and this lien travels with the ship
into whosesoever hands she may
go. The proceeding in rem, to
enforce such a lien, is not process.
In no sense is it remedy only, or
a part of the lex fori, but is the
enforcement of a proprietary in-
terest. The Avon,

170

[blocks in formation]

ibid. 12. The nature of maritime liens

discussed, and the authorities 20. Such lien exists for necessaries
reviewed.

ibid.

[blocks in formation]

21.

furnished upon request of the
owner wherever it is shown affirm-
atively they were furnished on
ibid.
the credit of the vessel.

Where money was advanced by
one who held the legal title to
the vessel under a bill of sale
given to him as security for the
indorsement of a note which had
been paid by the maker and the
bill of sale thereby extinguished:

Held, the lien was not thereby
defeated.
ibid.
22. Where, however, libellant was
jointly interested with the equita-
ble owner in the profits of one
trip:

15. Whether such lien existed with
respect to foreign vessels, or
whether the Court of Admiralty
had jurisdiction to enforce it,
seems never to have been settled
prior to the passage of the Act
of 3 and 4 Vict. This statute
was, however, simply declaratory 23.
of the maritime law with respect
to the existence of the lien as it
was prior to its passage, and vested
jurisdiction to enforce it in the
Admiralty Courts.
ibid.

[blocks in formation]

19. A maritime licn exists for mon-
eys advanced to purchase or pay
for necessaries supplied to a ship

Held, he could not recover for
advances made during that trip.
ibid.

Parties may stipulate for a lien
for necessaries, notwithstanding
that no such lien is implied by
the law of the place where such
necessaries are furnished.

ibid.

24. By the general maritime law a
lien exists for necessaries furnish-
ed a domestic vessel, even though
by the law of the place there may
be no jurisdiction to enforce it.

See TowAGE, 15.

ibid.

STALE CLAIM, 1.
MARSHALING OF LIENS,
1, 2.
MATERIAL-MEN, 2, 3.

LIGHTERS.

See JURISDICTION, 15, 16, 17.

LIMITATION.

See STALE CLAIM.

wherever it would exist for the LIMITATION OF LIABILITY.
necessaries themselves. The Union
Express,

537 1. Libellant's agent, who was in-

[blocks in formation]
« SebelumnyaLanjutkan »