Page:Federal Reporter, 1st Series, Volume 4.djvu/494

 480 FEDEBAti BEPOBTEB. �It 18 conceded ihat the juriadiction of courte of admîralty in matters of contract ia confined to those that are mari- time, but it embraoes alî such, (Steam-ioat v. Phœhus, 11 Pet. 176 ;) and a contract for the transportation of freight or mer- chandise upon navigable waters bas alwaya been reckoned maritime in its character. Canal-boat Walsh, 5 Ben. 73* �The libel sets forth a contract of afEreightment, the per- formance of the Bervice, and claims a lien upon the cargo for the freight due. Whether the lien exista or not will depend upon the proofs, and cannot be determined on exceptions to the libel. The court will take judicial notice that the watera on which the contract waa performed were navigable, without any allegation of the fact in the libel. The Apollon, 9 Wheat. 374; The Steam-boat Jefferson, 10 Wheat. 428; Peyroux v. Howard, 7 Pet. 342. �The exceptions must be overruled, and the respondents having answered let an order be entered referring this case tO the commissioner for proofs. ����