tions ; 4 C. Rob. Adm. 73 ; collision Holt, 48; 3 Ch. Rob. 240; 3 Moo. P. C. C. 1; [1899] P. 295 ; and by statute to ques tions of title arising in a bottomry suit ; Halsb. L. Eng. Sec. 101; and salvage claims; 2 Hagg. Adm. 3; 3 C. Rob. Adm. 355; 1 W. Rob. Adm. 18 ; [1901] P. 304; ul. 243; [1898] P. 179 ; id. 206; life salvage, if there is some property saved ; 8 P. D. 115; damage to cargo ; Lush. 458; Br. & L. 102 ; necessa ries; [1895] P. 95; 13 P. D. 82. It has no jurisdiction over an action in personam against a pilot for damages arising from a collision between ships on the high seas, due to his negligence; [1892] 1 Q. B. 273.
Formerly the remedy in rem could not be enforced beyond the property proceeded against, but when owners appeared in such an action it was said by Sir F. Jenne, that the judgment can be enforced to the full amount although exceeding the value of the property ; [1892] P. 304; [1899] P. 285; but see extended comment on these cases in Wms. & Br. Adm. Pr. Introd. 19, where it is pointed out that the point did not arise for decision.
In Gager v. The A. D. Patchin, 1 Am. L. J. (N. S.) 529, Fed. Cas. No. 5,170, Conk ling, D. J., said: "But by a long series of American decisions terminating with that in New Jersey Steam Nay. Co. v. Bank, 6 How. (U. S.) 344, 12 L. Ed. 465, the principle is now firmly established that the jurisdiction of the American courts of Admiralty does not depend on the decisions of the English Common Law Courts, relative to the juris diction of the high court of admiralty of England, but that all contracts in their na ture strictly maritime are cognizable in the Admiralty." It was a suit in rem for sal vage and as there was a special agreement, it was objected that it was a mere case of con tract and not within the admiralty jurisdic tion, but the decision was otherwise and was affirmed; The A. D. Patchin, 1 Blatchf. 414, Fed. Cas. No. 87. ° It was therefore not practicable to rest the American jurisdiction upon the English sys tem and ignore those decisions. The strug gle in our courts was not so much between the two contentions which had distracted the English courts, as whether the narrow juris diction finally imposed upon the admiralty in England was that which our Constitution contemplated. While some of our judges contended for this view, the weight of au thority was finally given to the more logical conclusion that the Admiralty and Maritime jurisdiction which was by the Constitution included within the judicial power of the United States was not limited by the Ad miralty jurisdiction of England but is to be determined by the general maritime law.
The criminal jurisdiction of the court was transferred to the Central Criminal Court by the 4 & 5 Will. IV. c. 36. It extended to all crimes and offences committed on the high seas, or within the ebb and flow of the tide, and not within the body of a county. A conviction for manslaughter committed on a German vessel, by reason of negligent colli sion with an English vessel, within two and a half miles of the English coast, whereby a passenger on the English vessel was lost, is not within the jurisdiction of the English criminal courts ; 46 L. J. M. C. 17.
The first step in the process in a plenary action may be the arrest of the person of the defendant, or of the ship, vessel, or fur niture; in which cases the defendant must find bail or fidefueeore in the nature of bail, and the owner must give bonds or stipula tions equal to the value of the vessel and her immediate earnings; or the first step may be a monition to the defendant. In 1840, the form of proceeding in this court was very considerably changed. The ad vocates, surrogates, and proctors of the Court of Arches were admitted to practice there; the proceedings generally were assimi lated to those of the common-law courts, particularly in respect of the power to take viva voce evidence in open court; power to compel the attendance of witnesses and the production of papers ; to ordering issues to be tried in any of the courts of Nisi Prins, and allowing bills of exception on the trial of such issues, and the grant of power to ad miralty to direct a new trial of such issues; to make rules of court, and to commit for contempt. The judge may have the assist ance of a jury, and in suits for collision he usually decides upon his own view of the facts and law, after having been assisted by, and hearing the opinion of, two or more Trinity Brethren.
A court of admiralty exists in Ireland; but the Scotch court was abolished by 1 Will. IV. C. 69. See ELDER BRETHREN.