Fessenden said that in this case he claimed that the plaintiffs did not vilege facts either with reference to the jurisdiction of the Court with regard to the junk, or facts suficient for the Court to deal with the case. The question was whether the junk came under the Admiralty jurisdiction, or whether she was not of that character that the sailors would only have recourse to a common law action. Mr. Curtis had not cited any authority to substan-isto his comments, and he did not touch the question of the Captain's Tight to consider the voyage finish-until he received other instructions. Mr. Curtis had therefore failed to make any defence to the points raised by the exception.
His Honour said that the art of the exception was not sustained, but the second part was sus-
Text read from the printed page and cleaned; old type leaves the occasional error.