sels and voyages of a particular character, but other sections of the act embrace "any ship or vessel," "any seaman or mariner,” and the careful use of different phraseology for different purposes, in the different sections, shows that the language, in every case, was intended to have its appropriate force. (a) The law as administered under this act, in the Southern District of New York will be found very fully laid down in Betts' Practice, pages 59 to 68. By the act of 1846, chap. 60, canal boats, navigated without masts or steam, are not subject to be libelled for wages. 508. The learned Judge of that District, with a desire to promote expedition, and to reduce expense, in 1838 established for that District a summary practice, in all cases when the demand is under $50, and, of course, not subject to appeal. As that practice is local, it will not be set forth here in detail. It will be found in the rules of that court, which are given in the Appendix, and in the full commentary on those rules in Betts' Practice, pages 16, 78 to 82. The statutory practice of the preliminary summons and this summary practice, greatly reduced expenses. It is, however, much to be desired that the Congress, or the Supreme Court, would enact a lower tariff of fees, in plenary cases, arranged with a full knowledge of the course of Admiralty proceedings and the wants of commerce in this behalf. (a) Seamen's Act of July 20, 1790. Acts of 1846, p 61. CHAPTER XXX. Prize Causes. 509. By the prize act of June 26, 1812, it is provided, (sec. 4,) that all captures and prizes of vessels and property, shall be forfeited, and shall accrue to the owners, officers, and crews of the vessels by whom such captures and prizes shall be made; and, on due condemnation had, shall be distributed according to any written agreement which shall be made between them; and if there be no such agreement, then, one moiety to the owners and the other moiety to the officers and crew, to be distributed between the officers and crew, as nearly as may be, according to the rules for the distribution of prize money, by the "act for the better government of the navy of the United States," passed the 23d April, 1800.(a) By section six it is provided, that before breaking bulk of any vessel which shall be captured as aforesaid, or other disposal or conversion thereof, or of any articles which shall be found on board of the same, such captured vessel, goods, or effects shall be brought into some port of the United States, or into some port of a nation in amity with the United States, and shall be proceeded against before a competent tribunal, and after condemnation and forfeiture thereof shall belong to the owners and captors thereof, and be distributed as aforesaid; and in the case of all captured vessels, goods, and effects which shall be brought within the jurisdiction of the United States, the District Courts of the United States shall have exclusive original cognizance thereof, as in civil causes of Admiralty and maritime jurisdiction. And the said courts, or the courts, being courts of the United States, into which such cases shall be removed, and in which they shall be finally decided, shall and may decree resti (a) 2 Stat. at Large, 52, 759. tution, in whole or in part, when the capture shall shall have been made without just cause. And if made without probable cause, or otherwise unnecessarily, may order and decree damages and costs to the party injured, and for which the owners and commanders of the vessels making such captures, and also the vessels, shall be liable. Other sections provide for military salvage on recapture. By virtue of these provisions, the District Courts have full jurisdiction in personam and in rem, of the questions of prize and its incidents. (a) 510. It is not deemed necessary to enter into the details of the practice in prize cases, and only a brief note will be made of the proceedings exhibiting some of their peculiarities. The District Courts, in time of war, appoint, by commission under the seal of the court, standing commissioners of prize, in the principal ports, who perform their duties under their general appointment and under the sanction of their general oath of office. Whenever a prize is brought in, it is the duty of the captors immediately to give notice, in writing, to the judge of the District, or to one of the prize commissioners, of the arrival of the property, and where it may be found; and also to deliver under oath, in writing, all documents and writings found in the prize. 511. As soon as a prize is thus reported, it is the duty of a commissioner to repair on board and take note of the condition of the prize, and proceed to take the preparatory examination of witnesses. For this purpose, the captors must produce before the commissioner one or more of the persons captured with the property, and he must examine them, with the other witnesses, on the standing interrogatories adopted by the court, for the purpose of having, at the earliest opportunity, in the form of depositions, the circumstances of the property and the capture. The commissioners have no authority to use any but the standing interrogatories except by the express direction of the court. The witnesses are examined separately, and not in the presence of each other, under oath. Each witness is required to answer to each interrogatory, and when the deposition is com plete he signs it, and the commissioner adds his jurat. The depositions being all completed, the commissioner seals up the depositions and the ship's papers and documents, and addressing the package to the court, with an indorsement showing what it is, sends it to the clerk of the court. 512. The captors must also, without delay, libel the property in the District Court, for condemnation as lawful prize. The libel may be filed without waiting for the preparatory examinations. If the capture be made by a national vessel, then the District Attorney of the United States, in the name of the government, libels the property in their behalf and that of the cap tors. In the case of captures by privateers, the commander employs his proctor and libels in behalf of himself and the other captors; aud, in like manner, in case of captures by individuals, they libel in their own names jointly, or one or more for themselves and others. After the libel is filed, the usual process of arrest and monition issues to the marshal, who arrests the property and keeps it till after condemnation and sale, unless the parties consent to a sale or delivery on stipulation. Parties put in their claims, and the suit proceeds to a decree in the same manner as a seizure case or other suit in rem. The preparatory depositions are opened by order of the court, and are evidence in the case. After a decree of condemnation, the property is sold, and the proceeds divided according to law. (a) Betts' Prac. 72, et seq. Marriott's Forms, 122, 130. Stokes' Col. 284, et seq. 2 Bro. Civ. and Ad. 444. For the precedents in the Appendix, vid the ludex. CHAPTER XXXI. Hearing. 513. The cause being ready for hearing, is noticed for hearing according to the rules established in the district where it is to be heard. The circumstances of the different districts vary so widely, that no general rule could well be adopted for all. The libellant, and the claimant or respondent, are both actors, and either party may notice the cause, and bring on the hearing.(a) 514. It has already been stated, that the defendant cannot be heard in his defence, nor introduce evidence in the cause, unless he have appeared in the cause and contested the suit, either by exceptions to the libel, or by answering it. If he does neither, the court will hear and adjudge the cause er parte, upon the evidence offered by the libellant. If the neglect to answer has, however, been from ignorance or other sufficient cause, the court is not precluded from receiving evidence, and may exercise its discretion for the purposes of justice.(b) 515. At the hearing, if either party be not in attendance, his adversary may take such decree as he would be entitled to if his pleading were confessed. If any postponement be desired by either party, on sufficient reason, it is granted by the judge, the whole matter being in his discretion. He may postpone for a longer or shorter period, absolutely, or on such terms and conditions as justice may demand. The nature of maritime transactions is such, that witnesses are often transient, and their convenience, as well as the necessities of the parties, often exercise an important influence in determining the mind of the |