Taylor et al. v. Carryl. reason for fostering in the common-law courts of this country, whether State or Federal, opinions springing from prejudices which arose out of the conflicts of the times, and which tend to create jealousies and suspicions on their part, and produce discord instead of harmony and mutual good feeling in the tribunals of justice. These jealousies and suspicions of Lord Coke undoubtedly grew out of the vehement conflicts, personal as well as political, in which he was so prominently engaged during all his lifetime. They have been discarded and disowned in the courts of the country from which we derived them, and also emphatically repudiated by the stat. of 3 and 4 of Victoria. And believing, as I do, upon the best consideration I am able to give to the subject, that the decision and the principle upon which the opinion of the court founds itself is inapplicable to the case before us, and that if it is carried out to its legitimate results it will deprive the admiralty of power, useful, and indeed necessary, for the purposes of justice, and conferred on it by the Constitution and laws of the United States, I must respectfully record my dissent. INDEX OF THE PRINCIPAL MATTERS. ADMIRALTY. 1. Where the master of a vessel was also part owner, and made a contract of affreightment with a lumber company, of which he was also a member, and the cargo was consigned to the master, the case is not within admiralty jurisdiction, but appropriate to that of a court of chancery. Grant v. Pouillon, 162. 2. Where a judgment of the Circuit Court, sitting in admiralty, was affirmed here by a divided court, interest was not to be calculated upon the judgment. Hemmenway v. Fisher, 255. 3. The eighteenth rule of this court never applied to cases in admiralty which are brought up by appeal, and the rule itself is repealed by the sixty-second rule. Ibid 4. The admiralty jurisdiction of the courts of the United States extends to cases of collision upon navigable waters, although the place of such collision may be within the body of a county of a State, and may be above the flux and reflux of the tide. Jackson v. Steamboat Magnolia, 296. 5. The District Courts exercise this jurisdiction over fresh-water rivers "navigable from the sea," by virtue of the judiciary act of 1789, and not as conferred by the act of 1845, which extends their jurisdiction to the great lakes and waters "not navigable from the sea." Ibid. 6. The admiralty jurisdiction of the courts of the United States does not extend to cases where a lien is claimed by the builders of a vessel for work done and materials found in its construction. Peoples' Ferry Company v. Beers, 393. 7. Whether the District Courts can enforce a lien in such cases, where the law of the State where the vessel was built gave a lien for its construction, is a question which the court does not now decide. Ibid. 8. Where a tow-boat was descending the Mississippi river with a vessel fastened to each side, and another at the stern, and a collision ensued between one of the vessels thus lashed and an ocean steamer ascending the river, the evidence shows that the latter was in fault, and must pay for all the damage. Snow et al. v. Hill et al., 543. 9. Where a vessel had been seized under a process of foreign attachment issuing from a State court in Pennsylvania, and a motion was pending in that court for an order of sale, a libel filed in the District Court of the United States for mariners' wages and process issued under it, could not divest the authorities of the State of their authority over the vessel; and of the two sales made, one by the sheriff and one by the marshal, the sale by the sheriff must be considered as conveying the legal title to the property, and the sale by the marshal as inoperative. Taylor v. Carryl, 583. 10. Where property is levied upon, it is not liable to be taken by an officer acting under another jurisdiction "Ibid. 11. The cases examined where conflicting claims against the same property are set up under the laws of the United States and under State laws. Ibid.. 12. The process of foreign attachment in Pennsylvania is identical with that which issues out of the District Court of the United States sitting in admiralty. Ibid. ADMIRALTY, (Continued.) 13. The admiralty jurisdiction of the courts of the United States, although ex- AGENTS. 2. Where an assignee of a claim upon a foreign Government, holding it under 3. Being placed in the position of a trustee, it was his duty to defend the title, trouble and personal exertions in the prosecution of the claim; and under 5. At a sale of public lands in a Territory, an agent who purchased for another APPEALS. 1. Where this court affirmed a decree of a Circuit Court, which was, that a 2. The appeal must be dismissed, with costs, on motion. Ibid. 3. Where an appeal from a decree is taken within ten days from the rendition APPEAL BONDS. 1. The penalty of the bond taken, when an injunction is awarded, is no evidence BILLS OF EXCHANGE AND PROMISSORY NOTES. See COMMERCIAL LAW. BANKRUPTCY. 1. Deeds of large tracts of land made by a grantor when deeply in debt, and 2. The Circuit Court of the United States has no power to entertain an original BANKRUPTCY, (Continued.) 3. The District Court, which passed the decree in bankruptcy, can take cogni- 4. Whether or not such a bill could be filed by a creditor who had not come 5. Nor has the Circuit Court the power, under its general jurisdiction over BILLS OF EXCEPTION. 1. A refusal of the court below to grant a new trial is not a proper subject 2. The Circuit Court of the United States in Alabama, by a general rule, 3. But where a judge holding the Circuit Court in Alabama signed a bill of ex- 4. And the signature of the judge was attached to the bill, in conformity with 5. The exception brings up the charge of the court to the jury, but not the 6. The charge of the court, being founded on a hypothetical state of facts of 7. Rulings of the court below, in admitting or rejecting evidence, can be 8. Where there is a bill of exceptions, the writ of error does not operate only 9. A bill of exceptions may include in its scope the rulings of the court below as 10. Where the only bills of exception were to the refusal of the court to grant 11. The laws of Iowa permitting a demurrer only when the petition by a fair 13. Where there was an affidavit made, after verdict and judgment, that the 1. The regulations for the colonization of the Territories of the Government of |