believing that an exact and methodically arranged summary of the principles which belong to them, embracing a much fuller analysis of the admiralty decisions of the American Courts than has hitherto been attempted, could not fail to be, at least, highly convenient. Such is the design of the first part of the work.

With respect to the second part, it is scarcely necessary to observe, that until since the promulgation of the Rules prescribed by the Supreme Court of the United States, in 1845, any attempt to describe the practice of the American Courts of Admiralty must unavoidably have been in a great measure fruitless. These rules were designed to constitute the entire frame-work of our system of Admiralty Practice. The aim of the author has been, first thoroughly to understand, and next to elucidate them. If he has not fully succeeded, it is not for want of strenuous and persevering efforts to accomplish his design. The difficulties of the task will be best appreciated, and most readily acknowledged, by the few already familiar with the subject.

With regard to the numerous Precedents of pleadings, processes, stipulations, bonds, etc., etc., contained in the Appendix, the author can only say that he has taken unwearied pains to render them trustworthy and unexceptionable. Such of them as are not now for the first time published, differ, it will be observed, from those which have heretofore appeared, in some essential particulars, as well as in others merely formal; but the author entertains no apprehension that the attentive reader will see in these differences any ground for the imputation of a love for unnecessary innovation. Ample collections of

Forms, relating to actions at Law and in Equity, have long since been published; but with the exception of precedents for the libel and answer, no such collection, pertaining to actions in the Admiralty, has, to the knowledge of the author, hitherto appeared in this country (a); and he ventures to indulge the hope, that by this effort on his part to supply the deficiency, and thus to contribute, to the extent of his ability, towards the attainment of a greater degree of uniformity and precision in the forms of procedure in the American Courts of Admiralty, he shall not subject himself to the charge of arrogance or presump

tion.

In conclusion, he cannot refrain from an expression of his sincere regret at the necessity, which his undertaking has unexpectedly imposed upon him, of burthening his professional brethren with so voluminous a work: but he cannot tax himself with any want of a constant desire to compress the numerous subjects and matters, with which he had to deal, within the narrowest limits compatible with his design; and he trusts the learned reader will meet, in its perusal, with no evidence to the contrary, whatever opinion he may form of the author's success in this respect.

(a) The only publication of this nature in England (with the exception of a few scarcely intelligible fragments contained in Chitty's General Practice) is believed to be the collection entitled Marriott's Formulary; a passing notice of which will be found in a note accompanying chapter second of the second volume. Of this work, it is probable but very few copies have found their way to this country. From that in the possession of the author, which he obtained from England several years ago, he has derived invaluable aid.

PREFACE TO THE SECOND EDITION.

IN submitting the present revised edition of the following work to his professional brethren, the author deems it proper to preface it by a few explanatory observations relative to the manner in which the revision has been conducted. Those of his readers who have been attentive to the legislation of Congress, and especially to the adjudication of the Supreme Court of the United States, during the few years that have elapsed since the original publication of the work, will not require to be reminded of the necessity thereby imposed on the author of largely modifying its contents. To have done this exclusively, by means of annotations, would have left the text encumbered with many pages of matter that had become obsolete, and many more that had become erroneous. In most instances of these descriptions, therefore, he has deemed it expedient simply to conform the text to the existing state of the law, while, in a few others he has adopted the easier process of adding notes.

He has not scrupled, moreover, to avail himself of so favorable an opportunity to endeavor to improve the original by modifications in a few instances, in point of arrangement, the principle of which, however, consists in

bringing together at the close of the first chapter, and reconstructing, what he desired to say on the kindred subjects of the right of third persons to intervene pendente lite, and the right of demanding payment out of surplus proceeds in the registry of the court, instead of adhering to the arrangement of the former edition where these rights were separately treated.

The most important of the judicial decisions above alluded to is that, in the case of THE GENESEE CHIEF, by which the constitutional grant of admiralty and maritime jurisdiction is declared to extend as well to inland waters-the great rivers and lakes-as to the high seas, and the waters connected therewith subject to the ebb and flow of tide, to which the jurisdiction had before been supposed and uniformly held to be limited. This important decision rendered it necessary to recompose the first chapter and to modify the language of many other parts of the work. The author, as an act of justice to himself, has availed himself of the opportunity thus afforded to offer some observations upon the decision in the case of THE GENESEE CHIEF, to which he begs leave to invite the attention of the learned reader, as he also has of a like opportunity to comment, at considerable length, in the second chapter, upon the decision of the presiding judge of the Circuit Court of the Northern District of New-York, in the case of THE GLOBE, in a manner he would gladly have avoided, but from which he did not feel himself at liberty to abstain. The foregoing exposition, the author trusts, will, in the estimation of the learned reader, furnish a sufficient justification for his omitting to preserve the paging of the former edition.