Court of Claims 00 97

jurisdiction, admiralty, maritime, courts, vessels, commerce and district

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'76. The admiralty jurisdiction has been held to include a collision which took place on the Yazoo river where it falls into the Mississippi, more than two hundred miles from its mouth. 22 How. 48.

A court of admiralty has jurisdiction to redress personal wrongs committed on a pas senger, on the high seas, by the master of a vessel, whether those wrongs be by direct force or consequential injuries. 3 Mas. C. C. 242.

The admiralty may decree damages for an unlawful capture of an American vessel by a French privateer, and may proceed by at tachment to rem. Bee, Adm. 60.

It has jurisdiction in cases of maritime torts, in personam as well as in rem. 10 Wheat. 473.

'77. This court has also jurisdiction of pe titory suits to reinstate owners of vessels who have been displaced from their poSses sion. 5 Mas. C. C. 465.

A father, whose minor son has been tor tiously abducted and seduced on a voyage on the high seas, may sue, in the admiralty, in the nature of an action per pod, etc., also for wages earned by such son in maritime service. 4 Mas. C. C. 380.

IS. Suits on contracts. As a court of ad miralty, the district court has a jurisdiction, concurrent with the courts of common law, over all maritime contracts, wheresoeVer the same may be made or executed, or whatso ever be the form of the contract. 2 Gall. C.

C. 398. It may enforce the performance of charter-parties for foreign voyages, and, by proceeding in rem, a lien for freight under them. 1 Sumn. C. C. 551; 2 id. 589. It has jurisdiction over contracts for the hire of sea men, when the service is substantially per formed on the sea, or on waters within the flow and reflow of the tide. 10 Wheat. 428 ; 7 Pet. 324 ; Bee, Adm. 199 ; Gilp. Dist. Ct. 529. But unless the services are essentially maritime, the jurisdiction does not attach. 10 Wheat. 428 ; Gilp. Dist. Ct. 529.

'79. In 1845, congress passed an act, 5 Stat. at Large, 726, to extend the jurisdiction of the district courts to certain cases upon the lakes and the navigable waters connecting the same. It enacted "that the district court of the United States shall have like powers and exercise the same jurisdiction in matters of contract and tort arising in, upon, or con cerning steamboats and other vessels of twenty tons burthen and upwards, enrolled and licensed for the coasting trade, and at the time employed in business of commerce and navigation between ports and places in different states and territories upon the lakes and navigable waters connecting said lakes, as is now possessed and exercised by the said courts in cases of the like steamboats and other vessels employed in navigation and commerce upon the high seas or tide-waters within the admiralty and maritime jurisdic tion of the United States," etc. etc. In the

case of the propeller Genesee Chief v. Fitz hugh, 12 How. 443, it was held that this act was not passed under the power conferred by the constitution upon congress to regulate commerce, but upon the grant of admiralty and maritime jurisdiction conferred upon the federal judiciary by the constitution, and that thejurisdiction of the federal courts upon the lakes and the navigable waters connect ing them was not conferred, therefore, by this act, but that existed independently of it. It will be perceived from the above quotation thdt jurisdiction is conferred upon the district courts in cases where vessels are employed in business of commerce and navigation between ports and places in different states and terri tories. It was therefore held that it did nct extend to a case where there was a shipment of goods from a port in a state to another port in the same state. 21 How. 244. SO. The master of a vessel may sue in the admiralty for his wages ' • and the mate, who on his death succeeds him, has the same right. 1 Sumn. C. C. 157 ; 3 Mas. C. C. 161; 4 id. 196. But when the services for which he sues have not been performed by him as master, they cannot be sued for in admiralty. 3 Mas. C. C. 161.

The jurisdiction of the admiralty attaches when the services are performed on a ship in port where the tide ebbs and flows. 7 Pet. 324 ; Gilp. Dist. Ct. 529.

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