Page:Federal Reporter, 1st Series, Volume 6.djvu/649

 THE J. S. ■WOODWABD. 637 �acter of the navigation in which they were employed, were subject to be libelled in admiralty, were required to be enrolled and licensed. It was then deemed expedient to abrogate the remedy in rem for wages, and apt worda were employed in the act of July 20, 1846, to abrogate it as to ail canal-boats without sails or steam-power which were liable to be libelled. From that time to this it bas never been Bup- posed that any ordinary canal-boat could be libelled for wages. The act of 1846 abrogates the remedy by libel as to ail such canal-boats without masts or steam-power, describ- ing the class to consist of such as "are now by law required to be enrolled," etc., thus excluding the inference that any future modification of the enroUment act should affect the exemption. This language is broad enough to comprehend ail canal-boats which could properly be libelled. �Section 4251 of the Eevised Statutes of the United States is a re-enactment of this act of 1846. There had been no alteration of the enrollment act from 1846 to the time of the revision of the statutes in any way affecting the exemption, consequently the terms of description of the class exempted, used in 1846, were just as appropriate in 1873. Eeading section 4251 in the light thus thrown upon its meaning, it exempts from being libelled for wages any canal-boat of the class which at the time of the revision of the statutes was required to be enrolled and licensed. It la not claimed this canal-boat is not within that class. �The libel is dismissed, with costs. ��� �