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Alexander's British statutes in force in Maryland. 2d ed., 1912
Volume 194, Page 261   View pdf image (33K)
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13 R. 2, STAT. 1, CAP
thing done within the Realm,
but only of a thing done upon
the Sea, as it hath been used in
the time of the noble Prince
King Edward, Grandfather of
our Lord the King that now is.
. 5, ADMIRALTY. 261
ment de chose fait sur Ie
meer solonc ceo qad este due-
ment use el temps du noble
roy Edward aiel nostre seig-
nour Ie roi qor est.

 
Enforced 2 H. 4, c. 11. 1 Inst. 260. 4 Inst. 135. 12 Co. 104. 13 Co. 42,
52. Hob. 11, 79, 212, 196. 2 Roll. 497. 2 Bulstr, 323. 3 Bulstr. 205. Dyer,
159. 4 Mod. 176. 15 R. 2, c. 3. 1 Salk. 31.
Kilty, (Rep. 224,) considers that Stat. 15 R. 2, c. 3 (and the Statutes
13 R. 2, st. 1, c. 5; 2 H. 4, c. 11, with it,) may be usefully incorporated in
our laws, as ascertaining the bounds of the jurisdiction of the common law
Courts and Admiralty Courts, and may be resorted to for that purpose by
our State Courts, and by the Courts of the United States acting in this
State. In Nicholson's Adm'x. v. the State, 3 H. & McH. 109, it is said to
have been held, that the establishment of the District Court of the United
States superseded the Admiralty jurisdiction of the State. That was an
action brought against the State for labour, services, and diligence of the
plaintiff's intestate in his life-time, as judge of the Court of Admiralty from
Nov. 1789 to Dec. 1790, when he resigned. The grounds on which this
salary was claimed are stated in a letter of the plaintiff's intestate ad-
dressed to the Governor, in which he insists that the admiralty jurisdic-
tion of the State still extends in all eases between citizens of the State,
viz., seamen, citizens libelling a State bottom, also in cases between part-
owners, being citizens, and in all cases of seizure made by virtue of the
laws and regulations of the State. The General Court gave judgment on
the* case stated for the plaintiff. See 1 Kent Comm. 365 et seq; 195
Conkling's Admiralty, ch. 1.
In the Belfast, 7 Wallace, 624, the Supreme Court held, that a State law,
which proposes to enforce a claim for repairs, &c. of a vessel by process
in rem, is unconstitutional, as it trenches on the admiralty jurisdiction of
the United States which is exclusive.1
1 As to the exclusive, or concurrent, jurisdictions of the State and of
the Federal Courts respectively in admiralty and maritime matters, see
Rose's Code of Fed. Proc., sees. 11, 15, 16, 200; Benedict's Admiralty, sec.
127 et seq.; Fed. Stats. Ann. VoL 4 p. 220; 1 Cyc. 809 et seq.

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Alexander's British statutes in force in Maryland. 2d ed., 1912
Volume 194, Page 261   View pdf image (33K)
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