TEBRELL V. SCHOONEB B. F. WOOLSET. 555 �ing jurisdiction. of the amount of suoh lien for an enforcement and foreclosure thereof. �"Section 2. Suoh action Bhall proceed in all respects as civil actions in the court in which the same is commenced. �"Section 3. The judgment in such action may be the same as in other civil actions in the same court, and, in addition thereto, if in f avor of the plaintiff, may fix the amount of such lien and adjudge the foreclosure of the same and the sale of the chattel property affected thereby, and specify the of&cer who shall make such sale, and in such case shall direct the disposition of the proceeds thereof to the payment of the amount of such lien, with the costs of the action, and the costs and expenses of such sale, and shall provide for the safe- keeping of any surplus arising thereon, and the payment thereof to the owner of such chattel property, or his assigna or representatives. �"Section 4. There shall be the same right of appeal from the judgment in such actions as in other civil actions in the court in which the same shall be commenced, �"Section 5. Nothing in this act contained shall be held or construed to affect or impair the right of any person to en- force or foreclose a lien upon chattel property in any other manner than as is herein provided." �It is enacted, by section 563 of the Kevised Btatutes of the United States, that the district courts of the United States shall bave jurisdiction of all civil causes of admiralty and maritime jurisdiction, saving to suitors in all cases the right of a commou-law remedy, where the common law is compe- tent to give it, and that "such jurisdiction shall be exclusive except in the particular cases -where jurisdiction of such causes * * » isgivento the circuit courts." No jurisdic- tion of any of such causes is any where given by statute to the circuit courts, except vrhere the parties are citizens of differ- ent states. With this exception the jurisdiction of all civil causes of admiralty and maritime jurisdiction is in the dis- trict courts of the United States, exclusive of the state courts, unless the suit in the state court falls under the head of ����
Page:Federal Reporter, 1st Series, Volume 4.djvu/569
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