Page:Federal Reporter, 1st Series, Volume 4.djvu/672

658 FBDEBAL BEFOBT£B. �to May 4, 1877, to the amount of $52.60; that the two last- mentioned claims were Consolidated, and on September 25, 1878, the vessel was condemned and ordered sold to satisfy these claims ; that upon such sale she was purohased by the claimant for $1,000, and she bas since been registered at the custom-house in Toronto; that notice of the pendency of these proceedings, and of the sale, was given by publication, pur- suant to the practice of the court, and by the arrest und detention of the vessel; that the maritime court of Ontario had jurisdiction of these causes and authority to direct the sale, and that claimant became the owner of the vessel, dis- charged of ail liens. �It appeared, from the proceedings in the Canadian case, that a demurrer was interposed to libellants' petition, upon the ground that the maritime court had no jurisdiction to enforee a claim for necesaaries supplied to an American vessel in a port in the United States. This demurrer was sustained by the court, and libellants' petition dismissed. The vessel was sold, as above stated, by virtue of a decree rendered upon the Consolidated claims of Gallagher and Mc- Allister. The question in this case was whether this sale was sufBcient to divest the libellants of their claim for necessa- ries. �Moore a Canfield, for libellants. �Wisner e Speed, for claimant. �Bbown, D. J. The maritime court of Ontario was created by an act of parliament of the dominion of Canada, approved April 28, 1877, the object of which was "to establish a court of maritime jurisdiction in the province of Ontario." The first section vested in the court, in very brief language, "such jurisdiction as is exercised by any existing British vice-admi- ralty court." To asoertain what jurisdiction is exercised by the vice-admiralty courts of Great Britain, we are referred to an act of the imperial parliament known as "the vice-admiralty court's act, 1863," which is made applicable to ail existing as well as to future vice-admiralty courts. The tenth section of this act declares that these courts shall bave cognizance ����