Page:United States Reports, Volume 2.djvu/90

 ¤ $4 Casas ruled and adjudged in the 1766 take no notice of the liélion, but admit the Admiralty jurifdic- yvxa tion of matters ariling at fea. 4 Ivy?. 134. 5. Riduy. 172. Zaucb. rag. But the truth is, that all tranlieory actions are triable any where. 4 Ig/I. X40• 213. If a man cuts trees in ` Irzbmd, and then goes into England, Trowr lies againlt him. The aélion would appear to be local in fueh a cafe, yet fueh-is the efeél: of the law’s delire that _redrefs is given every where. 9 1l·Iod. 322. SaIk.ago.Cro. Car. 242. The adverfe counfel, indeed, has not been able to difcover any thing like a limilar plea to the jurifdiétion, except in the Stallaam cafe, 4 In/l· 141 ; which, however, is nota plea to the jurifdiélion ; but a — plea in bar; a plea in juliilication of the tretpafs ; and in Ged- hlt 386. it ap ars that the Statham cafe was conlidered as proving, that th; Courts of common law had jurifdiétion of matters arilin at fea. In the inltancc of a Spaniard having ta- lten an Englgg velfel, which was retalterrbefore the Spaniard got into port, the common law would not concede juriidiéiion tothe Admiralty; and granted a pre-hibition, becaufe the pro- _ petty might bebrought in quellion. 1 Brewnl. 11. 29. Carib. 367. So in an a£iion of trefpafs, the defendant pleaded a cap- ture and condemnation in the Admiralty ; but the Court gave judgment for the plaintih} becaufe the defendant did not lhew what wasthe caufe of the capture. Sluw, 6. 7. Prize, or no prize, is not the quellion : That quellion has been determined already ; and if the Courts of common law will pay a regard to the fentence of condemnation in a Court of Admiralty, when thatientence isrevetfed, they ought equally to ret`pe€t the decree of reverfal. But the Court can only be delirous to afcertain that the pre- {ent aélion is well brought. Derinu: and Rrplwin are afiions in allirmance of property ; but in fawn}: and Trowr,on the contrary, the Plaintiff waves the property, and demands no· thing more than damages. Sid. 171. Cro. 5c.. Tram- is never intended to recover the fpecilic article. It lies, therefore, for money not in abag, though Detinnz cannot be brought i11 fucln cafe. Ney': Rep. 12. Cro. C. S9. 1 Rall. Abr. 5. pl. 1. and if the nature of the thing is altered it is evidence of the con- verlion ; but it is not good evidence in D¢tinru·, where the dc- mand of the thing is in fpccic, and where no converlion is al- ledged. Gilt}. L. E. 261. 'l`l1ere are cafes, indeed, in which Driinur could alibrd no adequate remedy; as in the cafe of drawing out part cf the winc out of a pipe, and filling it up with water. 1 Sym. 576. A forcible taking is, likewil`e,evi- dence of aconverlion. Gil}. L.  264. Cro. E. 824. But while the fcntcnce of condemnation was i11 force neither 7}% {M nor Y`ro€•¢r would lic. Raju. 336. - It

�