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Volume 5 · 727

Public Law 28–XX

extending the jurisdiction of the district courts to certain cases, upon the lakes and navigable waters connecting the same.

Approved February 26, 1845

Statutory text

An Act

extending the jurisdiction of the district courts to certain cases, upon the lakes and navigable waters connecting the same.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

In matters of contract and tort, dist. courts to have the same jurisdiction upon the lakes as on the high seas.

Act of Sept. 24, 1789, ch. 20.

That the district courts of the United States shall have, possess, and exercise, the same jurisdiction in matters of contract and tort, arising in, upon, or concerning, steamboats and other vessels of twenty tons burden and up-wards, enrolled and licensed for the coasting trade, and at the time employed in business of commerce and navigation between ports and places in different States and Territories upon the lakes and navigable waters connecting said lakes, as is now possessed and exercised by the said courts in cases of the like steamboats and other vessels employed in navigation and commerce upon the high

Modes of proceeding, &c.

seas, or tide waters, within the admiralty and maritime jurisdiction of the United States; and in all suits brought in such courts in all such matters of contract or tort, the remedies, and the forms of process, and the modes of proceeding, shall be the same as are or may be used by such courts in cases of admiralty and maritime jurisdiction; and the maritime

Decisions, how to be made.

law of the United States, so far as the same is or may be applicable thereto, shall constitute the rule of decision in such suits, in the same manner, and to the same ex-TWENTY-EIGHTH CONGRESS. Sess. II. Ch. 22, 24, 25. 1845. tent, and with the saine equities, as it now does in cases of admiralty and maritime jurisdiction; saving, however, to the parties the right of trial by jury of all facts put in issue in such suits, where either party shall require it; and saving also to the parties the right of a concurrent remedy at the common law, where it is competent to give it, and any concurrent remedy which may be given by the State laws, where such steamer or other vessel is employed in such business of commerce and navigation.

Approved, .

Parsed from the official Statutes at Large USLM XML in 5.xml