Page:Federal Reporter, 1st Series, Volume 6.djvu/648

 636 FEDEBAIi BEPOBTEB. �little evidence on its part, and left the question, bo far as the present trial is coneerned, mainly one of law, upon the testi- mony of the libellants. The libel is dismissed, with costs. ���The J. s. Woodwaed. {JDistrict Oowt, 2f. D. New York. March 5, 1881.) �1. CAIfAL-BOATS — LlBBL FOB WaqBB — RbV. Bt, i 4251 — EsBOLI.MB!NT �AcT OF 1793— AcT OF Apbil 18, 1874. �Section 4251 of the Bevised Statutes, (9 St. 38,) whieh provides that " no canal-boat, without masts or steam-power, which is required to be registered, licensed, or enrolled and licensed, shall be subject to be libelled in any of the United States courts for the wages of any per- son who may be employed on board thereof, or in navigating the same," is not abrogated by the act of April 18, 1874, (18 St. 31,) which provides that the enroUment act of 1793 (1 St. 305) shall not be so construed as to extend the provisions of the latter act to such canal- boats. — [Ed. �In Admiralty. �Williams e Potter, for libellant. �Davis e Clinton, for respondents. �Wallace, D. J. This libel bas been filed upon the erro- neous assumption that an exemption from seizure upon pro- cess in rem in the courts of the United States, conferred by the act of -July 20, 1846, upon ail canal-boats liable to such process, bas been abrogated by the act of April 18, 1874, in construction of the enrollment act of 1793. �In 1846, by the accepted construction of the enrollment act of 1793, ail canal-boats which were employed on navi- gable waters were required to be enrolled and licensed. �In 1845 (act of Pebruary 26) jurisdiction in admiralty was extended over vessels of 20 tons burden and upwards, en- rolled and licensed for the ooasting trade, employed in com- merce upon the lakes and navigable waters Connecting the lakes. Thus, in 1846, ail canal-boats which, from the char- ��� �