Page:Federal Reporter, 1st Series, Volume 3.djvu/910

 DAILY V. DOB. 90^ �Daily ». Dob, etc., and Canal-Boat A. Noxon, etc. �(Dùtrîot Gowrt, 8. D. New York., 1880.) �1, JuRisDiCTiON— Suit fob Possession of Ships.— There is nothîng In �the lawsof the United States impairing the concurrent jurisdiction of the State courts over suits for the possession of ships, 'where the title of the defendant was derived under a marsbal's deed. �2. Bame — Jdsticb dp thb Pbach— Affidatit of Value. — A New Tork �statute provides that justices of the peace shall have civil jurisdiction in certain cases, including "an action to reoover the possession of Personal property claimed, the value of whioh, as stSted in the afflda- vit of the plaintifl, his agent, or attorney, shall not exceed the sum of $200." It is further provided in the same statute that, before any procesB shall issue, the plaintiff, bis agent, or attorney shall make proof, by afBdavit, showing among other things the " actual value " of the property claimed. Hdd, that such afSdavit is an essential pre- requisite to the attaching of the jurisdiction of the court. ' Deni» v. Crittendm, 42 N. Y. 542. �8. Bamb— Same — Same — Pkoof.— The mere fact that the justice went on and took jurisdiction, and the defendant appeared and pleaded and raised no objection, joined to the want of aiSrmative proof that there was no afBdavit, will create no presumption in support of a judgment, nor be sufflcient to prove that the faecessary affldavit was made. �4. Sale in Admiralty — Titlb of Pukchaser. — A purchaser in good faith under a marsbal's sale, upon a decree of a court of admiralty, will be protected in his title if the court had jurisdiction to decree the sale. �6. Same — Jubisdiotion — Notice. — In such case jurisdiction over the vessel is acquired by its seizure by the marshal -inder the process of the court, and this seizure and possession by the marshal are, in View of the law, notice to ail persons interested of the pendency of the proceedings, and of their right to intervene and protect their in- terests. �6. Same— Same — Notice by Publication. — The ruies and practice of �the court require notice by publication, but they bave not the force of Btatutory requirements, nor do they prescribe such publication as an absolutely essential prerequisite, eithjr to the assumption of jurisdic- tion, or to the exercise of the power of the court to condemn and sell a vessel to satisfy a maritime lien. �7. Same— Same— Same.— The want of notice by publication will fumish �ground for opening the decree, but does not render the proceedings void. �8. Same — Mattbks of Account. — A court of admiralty will take no juris- �diction of matters of account, in a suit for possession, between stran- gers to the suit, and the respondent who bas been in possession. �* f ����