Papers Of Abraham Lincoln

THIRTIETH CONGRESS—FIRST SESSION.
H. R. 411.
(No Report.)
IN THE HOUSE OF REPRESENTATIVES.
April 18, 1848.
Read twice, and committed to the Committee of the Whole House on the
state of the Union.
Mr. Joseph R. Ingersoll, from the Committee on the Judiciary,
reported the following bill:
A BILL
To regulate proceedings in admiralty and for other purposes.

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11 Be it enacted by the Senate and House of Repre-
sentatives of the United States of America in Congress
assembled, That from and after the passing of this act,
any person having a claim for which a lien is cognizable
in the admiralty, may apply to the judge or clerk of the
district court of the district in which the property shall be,
stating substantially the claim; and if, on the petitioner’s
showing, there shall appear to be reasonable cause to
believe the lien may, in the particular case, exist, a sum-
mons shall immediately be issued, directed to the owner,
master, or agent of the vessel, or other property, wherein

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5 he shall be summoned to appear, forthwith, before the said
judge, and show cause why process should not be issued
against such vessel or other property, according to the
course of admiralty courts. And if the party summoned
shall fail to appear, or appearing, shall fail to show suffi-
cient cause, or if the claim, with the costs of the proceed-
ing be not forthwith settled, the judge shall certify to the
clerk of the court that there is sufficient cause for admi-
ralty process; and thereupon, process shall be issued
against the vessel or other property, and the suit shall be
proceeded in, according to the course of admiralty courts
in such cases. But if the parties interested shall enter into
stipulations, with sufficient surety or sureties to comply
with the decree of the court, process as aforesaid shall not
be issued, but the cause shall proceed and the decree be
given as in suits in rem in admiralty: Provided, however,
That such stipulation shall not discharge the lien, but only
suspend the enforcement of the same, so long as the stipu-
lation shall continue to be satisfactory to the judge, and all
obligations of the same are duly performed.
Sec. 2. And be it further enacted, That whenever
seamen or mariners are, or desire to be, parties to proceed-
ings for the recovery of wages, all of the seamen or mari-
ners, having cause of complaint of the like kind against
the same vessel or other property, may be joined as com

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8 plainants, and it shall be incumbent on the master or com-
mander to produce the shipping articles, or other evidence
of contract, and the log-book, if required; otherwise the
complainants shall be permitted to state the contents
thereof, and the disproof thereof shall lie upon the master
or commander.
Sec. 3. And be it further enacted, That no process
shall be issued in any case to enforce a lien on any vessel,
cargo, freight, or the proceeds thereof, for a demand not
exceeding two hundred dollars, until after the preliminary
process aforesaid, unless it shall appear to the satisfaction
of the judge, or the clerk of the district court, as the case
may be, that there is reasonable cause to believe that an
opportunity to enforce the lien may be lost by the delay.
And nothing herein contained shall prevent the prosecution
of any demand by suit at law, or by proceedings in perso-
nam, in the admiralty.
Sec. 4. And be it further enacted, That if the district
judge shall not be within ten miles of the place where the
vessel or any other property may be, against which process
shall be desired, a commissioner, appointed by the circuit
or district court to take acknowledgments of bail and affi-
davits, shall proceed to hear the case on the return of a
summons as aforesaid; and if the circumstances so require,
to certify to the clerk, as hereinbefore provided, for the judge;

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10 and, if there be no such commissioner within ten miles,
any alderman or justice of the peace may proceed therein
in like manner; and nothing herein contained shall prevent
a party from applying with effect to the judge, in the event
of refusal on the part of the commissioner, justice, or
alderman, to grant the certificate.
Sec. 5. And be it further enacted, That the prelimi-
nary proceedings provided by this act shall be summary,
and nothing shall be accounted sufficient cause against the
issuing of process except clear proof of the invalidity of
the demand, or that the demand has been satisfied or for-
feited; and if any reasonable doubt shall arise, or if the
necessary proof against the application be not forthwith
adduced, the certificate for admiralty process shall be
issued, and the suit tried upon its merits in court.
Sec. 6. And be it further enacted, That the sum-
mons for a hearing, hereinbefore provided for, may be
served by any person specially authorized for that pur-
pose by the officer issuing the same, and the costs of that
proceeding may, where a certificate is granted, be included
by the judge in the final decree; and, if the certificate be
refused, costs may be decreed in the discretion of the
judge, commissioner, or justice of the peace, or alderman,
who may issue execution for the same; and such costs
shall not exceed the following, viz: To the commissioner,

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11 or justice of the peace, or alderman, not exceeding three
dollars; to the clerk of the district court, if the proceeding
be before the judge, not exceeding two dollars; for the
service of the summons, for witnesses, and for serving
subpoenas, not more than is allowed in analagous cases
in the courts of the State in which the proceeding is held.
Sec. 7. And be it further enacted, That the sixth
section of the act approved July twenty, seventeen hun-
dred and ninety, entitled “An act for the government and
regulation of seamen in the merchants’ service,” and also
the act approved March three, eighteen hundred and forty-
seven entitled “An act for the reduction of the costs and
expenses of proceedings in admiralty against ships and
vessels,” be, and the same hereby are, repealed.
Sec. 8. And be it further enacted, That the costs
and fees in admiralty proceedings in the district courts of
the United States shall be uniform; and the same shall be
regulated and ascertained by the judges of the Supreme
Court at their annual stated session; notice and in-
formation whereof, when completed, shall be given by the
clerk of the Supreme Court to the clerks of the several
district courts; and it shall be lawful for the judges of the
Supreme Court, at any annual stated session thereof, to
revise and alter the regulation and ascertainment afore-
said, whenever in their judgment it may be expedient and

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15 proper. Until the costs and fees aforesaid shall have been
regulated and ascertained as aforesaid, they shall be and
remain as they now are, according to law, usage, and the
practice of the courts.

1 2 3 4 5 6 7 8 9 10 11	Be it enacted by the Senate and House of Repre- sentatives of the United States of America in Congress assembled, That from and after the passing of this act, any person having a claim for which a lien is cognizable in the admiralty, may apply to the judge or clerk of the district court of the district in which the property shall be, stating substantially the claim; and if, on the petitioner’s showing, there shall appear to be reasonable cause to believe the lien may, in the particular case, exist, a sum- mons shall immediately be issued, directed to the owner, master, or agent of the vessel, or other property, wherein
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12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 1 2 3 4 5	he shall be summoned to appear, forthwith, before the said judge, and show cause why process should not be issued against such vessel or other property, according to the course of admiralty courts. And if the party summoned shall fail to appear, or appearing, shall fail to show suffi- cient cause, or if the claim, with the costs of the proceed- ing be not forthwith settled, the judge shall certify to the clerk of the court that there is sufficient cause for admi- ralty process; and thereupon, process shall be issued against the vessel or other property, and the suit shall be proceeded in, according to the course of admiralty courts in such cases. But if the parties interested shall enter into stipulations, with sufficient surety or sureties to comply with the decree of the court, process as aforesaid shall not be issued, but the cause shall proceed and the decree be given as in suits in rem in admiralty: Provided, however, That such stipulation shall not discharge the lien, but only suspend the enforcement of the same, so long as the stipu- lation shall continue to be satisfactory to the judge, and all obligations of the same are duly performed. Sec. 2. And be it further enacted, That whenever seamen or mariners are, or desire to be, parties to proceed- ings for the recovery of wages, all of the seamen or mari- ners, having cause of complaint of the like kind against the same vessel or other property, may be joined as com
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6 7 8 9 10 11 1 2 3 4 5 6 7 8 9 10 11 1 2 3 4 5 6 7 8	plainants, and it shall be incumbent on the master or com- mander to produce the shipping articles, or other evidence of contract, and the log-book, if required; otherwise the complainants shall be permitted to state the contents thereof, and the disproof thereof shall lie upon the master or commander. Sec. 3. And be it further enacted, That no process shall be issued in any case to enforce a lien on any vessel, cargo, freight, or the proceeds thereof, for a demand not exceeding two hundred dollars, until after the preliminary process aforesaid, unless it shall appear to the satisfaction of the judge, or the clerk of the district court, as the case may be, that there is reasonable cause to believe that an opportunity to enforce the lien may be lost by the delay. And nothing herein contained shall prevent the prosecution of any demand by suit at law, or by proceedings in perso- nam, in the admiralty. Sec. 4. And be it further enacted, That if the district judge shall not be within ten miles of the place where the vessel or any other property may be, against which process shall be desired, a commissioner, appointed by the circuit or district court to take acknowledgments of bail and affi- davits, shall proceed to hear the case on the return of a summons as aforesaid; and if the circumstances so require, to certify to the clerk, as hereinbefore provided, for the judge;
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9 10 11 12 13 14 1 2 3 4 5 6 7 8 9 1 2 3 4 5 6 7 8 9 10	and, if there be no such commissioner within ten miles, any alderman or justice of the peace may proceed therein in like manner; and nothing herein contained shall prevent a party from applying with effect to the judge, in the event of refusal on the part of the commissioner, justice, or alderman, to grant the certificate. Sec. 5. And be it further enacted, That the prelimi- nary proceedings provided by this act shall be summary, and nothing shall be accounted sufficient cause against the issuing of process except clear proof of the invalidity of the demand, or that the demand has been satisfied or for- feited; and if any reasonable doubt shall arise, or if the necessary proof against the application be not forthwith adduced, the certificate for admiralty process shall be issued, and the suit tried upon its merits in court. Sec. 6. And be it further enacted, That the sum- mons for a hearing, hereinbefore provided for, may be served by any person specially authorized for that pur- pose by the officer issuing the same, and the costs of that proceeding may, where a certificate is granted, be included by the judge in the final decree; and, if the certificate be refused, costs may be decreed in the discretion of the judge, commissioner, or justice of the peace, or alderman, who may issue execution for the same; and such costs shall not exceed the following, viz: To the commissioner,
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11 12 13 14 15 16 1 2 3 4 5 6 7 8 1 2 3 4 5 6 7 8 9 10 11	or justice of the peace, or alderman, not exceeding three dollars; to the clerk of the district court, if the proceeding be before the judge, not exceeding two dollars; for the service of the summons, for witnesses, and for serving subpoenas, not more than is allowed in analagous cases in the courts of the State in which the proceeding is held. Sec. 7. And be it further enacted, That the sixth section of the act approved July twenty, seventeen hun- dred and ninety, entitled “An act for the government and regulation of seamen in the merchants’ service,” and also the act approved March three, eighteen hundred and forty- seven entitled “An act for the reduction of the costs and expenses of proceedings in admiralty against ships and vessels,” be, and the same hereby are, repealed. Sec. 8. And be it further enacted, That the costs and fees in admiralty proceedings in the district courts of the United States shall be uniform; and the same shall be regulated and ascertained by the judges of the Supreme Court at their annual stated session; notice and in- formation whereof, when completed, shall be given by the clerk of the Supreme Court to the clerks of the several district courts; and it shall be lawful for the judges of the Supreme Court, at any annual stated session thereof, to revise and alter the regulation and ascertainment afore- said, whenever in their judgment it may be expedient and
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12 13 14 15	proper. Until the costs and fees aforesaid shall have been regulated and ascertained as aforesaid, they shall be and remain as they now are, according to law, usage, and the practice of the courts.