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Page:United States Reports, Volume 2.djvu/89

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Strrnrus Comtr or Pmyylwninr · G3 I

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eaufe prize, or no prize, is only determinable in the Admiralty. 1766. I Garth. 47;. Cami. Did it accrue after the- fentencq in the tay`: _ Gourt of Admiralty of Rbulesl/land P No: Becaufe by that I fentence it- was adjudged that the plaintiE's.had -no right to the I vetfcl, or cargo. Did it accrue after the fentence was re- = verfed? .Nu: Becaufe the perfonal aélion had been fufpend- ed, and mult always be fo. There is agreat dillinétioube- tween judgments vacated, and reverfed by writ of Error: If vacated, the cafe is in _/Mu quo-; but not- if they are reverf· ed. A reverl'al—on_ an appeal is limilsr to ·a reverfal —on a writ of Error; it does not reltore matters to the {tate, in which they were at Brit; it retrofpeélive operation. In this` cafe, then, there was a fupenlion of-aétion. While the _ fentence of the Admiralty Court of- Rbole-[/land was in force, ‘ the a£l:ion— would not lie; and, confcquently, there was an intermediate period between the time of committing the inju- ry complained of, and the ptefent time, when the action was fufpended; a fufpenlion which has not and cannot be cured by any relation to the reverfnl of the fenitenee 5 for, a pgrional. a€ti6n once fufpended is alive fo. .. Belides the cafes already-rigred to; the following were cited; in the courfe of the argument forthe defendants :-1 Sid.- 32o. 367. Carib. 398. 1 Bac.-Air. 625. 2 Sarah 239.- Cro. E. 68;. 4 Co. 14r. cl1III6.‘444,· 8-Co. 143.-Mm-. 753. 2-L; Raym. gag, r·Le·v. 243. gg, ’R4jI. 3o3. Hoi. ro. Cro. C. I73. Litt. Arg. r·Sa}l. i24. Vaugb. 27. Crwrb. 32. 2 Lim Br. Reg. l’in.—E·v. pg. Sa!}. r88. Cro. fi 6g8. Bun}.- For tb: Plaiurfc :—The admiralty has not-the fole power of determining any mjury whatever, ariling on the high-fea : Its authority ismerely derivative, from the fulferance and perrnif- lion of the Court of common law, whofe jurifdiaftion is une bounded ; and includes an original right to determine matters. ariling on the high·fea ;_nor does the allowance made to the Ad- - miralty, impair that jurifdiétion. 3 Bl. C. 87. Ld. Raym.- 272. Thus though the Admiralty is permitted to determine, pleas for mariners wages ; yctif the contraét be under/Evil, the;- cognizauce belongs to the Courts .of common law alone-, . Salk;. ` 31. : And as the queltion of damages does not relate to mari-e. time affairs, it may furelybe as properly and as well determined at common law, as contracts under feal._ There are innumerable - authorities to lhew, that the Courts of common. law maintain ncoullant controul over the Courts of civil law juril`di&ion.. They have obliged an Eccleliallical Court to admit the roof of - ajelkamcnt by one witm·!'s. Salk. $47: And when elie Lord Admiral Rated it as a grievance, that the common law Courts encroached on the Admiralty jurifdiélion, by a li&ion fup {ing. Qsetnattcrs to bc done on hard, the Judges in their anisers," 2 take.-