Page:Federal Reporter, 1st Series, Volume 1.djvu/356

848 FBDEBAL BliPOBTBB. �iurisdictîon in personam of suits for assaults, and I see no reasou to doubt that a seaman may join in an action for wages a claim against the Tessel for injuries received by such acts of negligence as the ship is liable for, in a pro- ceeding in rem; but, by General Admiralty Eule 16, "in ail suits for an assault or beating on the high seas, or elsewhere within the admiralty and maritime jurisdiction, the suit shall be in personam only." �It seems to be the opinion of Mr. Benedict, however, (Bene- dict's Admiralty, § 309,) that this rule is confined to cassa technically for assault and battery as a mare tort, and that if the action be brought on a contract, as for not carrying a passenger safely, or without injury, or for not treating with kindness a passenger or seaman, an assault or beating being the gravamen of the breach, that the suit may be in rem against the vessel. No authorities, however, are cited to this proposition, and upon a careful examination I have been unable to find any which lends it support. It is true there are certain cases in rem in which the libellant may join any nimber of demands, and in cases in personam elaims ex delicto and ex contracta sucs not infrequently joined in the eame libel. Dunlap's Admiralty, 89. �The question here involved is discussed in but a single case, viz., Pratt \. Thomas, 1 Ware's Eep. 427, in which the leamed judge for the district of Maine considers the subject with his usual thoroughness, and cornes to a conclusion that a claim for damages for a personal wrong is an entirely independant claim, and perfectly unconnected with that for wages. This case is a much stronger one against a joinder than the one at the bar, as it was a libel in personam against the master. �If it had been supposed that the court could entertain juris- diction in rem of a suit for an assault, it is incredible that precedents for such suits should not be found in the books, for cases of aggravated assaults upon seamen are of the com- monest occurrence. ' Upon the contrary, in ail reported cases of this kind the actions are in personam only. The Agincourt, 1 Hagg. 271; T%e Lowther Castle, là. 384; The Enchantreas, ��� �