Thus it cannot entertain a bill for the specific performance of a contract for the sale of a ship, for the execution of a trust, for the correction of a mistake, or the reformation of an instrument, on that ground, or grant relief against fraud; and it was even expressly held that it cannot in general order an accounting between part owners, or aid in cases of mortgage of a ship so as to decree foreclosure, or vest title in the mortgagee upon a sale. The court in its equitable spirit will also disregard technicalities in procedure, and looks at the matter rather than the form, to the end that the party entitled to it shall receive substantial justice without regard to formal irregularities or defects. - In the United States there are no courts which possess an admiralty jurisdiction solely. It is exercised in all cases by the fedoral courts, as a branch and part of the full powers delegated to them. The original jurisdiction is vested exclusively in the district courts. From these appeals lie to the circuit courts in admiralty and maritime causes, when the matter in dispute exceeds the value of $50, and from these to the supreme court when it exceeds the value of $2,000. Upon an appeal in admiralty to the circuit court, unlike the coarse in such proceedings in other courts, the parties may have the whole cause heard de novo, and the cause is not in fact res adjudicata or finally decided until such appeal is waived or sentence is reached in the appellate court.

The case may therefore go before the circuit court upon the same testimony taken below, or the parties may introduce new evidence there and have all the proceedings as well of fact as of law in the court below reviewed. And even the supreme court, sitting on an admiralty appeal, is very liberal in permitting amendments and additions; and if justice require that the pleadings be reformed or a new claim brought into the case, that court will refer the cause back to the circuit court for this purpose. But in regard to appeals brought up on the same testimony presented below, the supreme court has lately declined to reverse decisions as to matters of fact in which the district and circuit courts have agreed. - The practice of the admiralty courts is simple, and their procedure direct and expeditious, and intolerant of technicalities; their administration of the law is liberal and equitable, trusting rather to the matter than to the form, and seeking always to insure quick remedies and to give relief upon the actual merits of the case. The practice is regulated in some of its details by rules framed by the district courts. They differ somewhat in the different districts, but not materially.

The forms of proceedings are modelled upon those of the Roman civil law as it has been fashioned in European courts, and especially in European courts of admiralty. The suit is instituted by the filing of a libel, which is a mere statement in the simplest narrative form of the libellant's cause of action. Upon this the court issues its process directing the marshal, in an action in personam, either simply to call the defendant into court to answer, or, if such process be prayed for, to arrest him or attach his goods; or if the suit is in rem, it directs the marshal to take the thing into his custody, and to give due notice to all persons claiming it to come and show cause why it should not be condemned; the theory of the proceeding in rem being that the thing proceeded against, rather than any person, is to satisfy the libellant's action. The defendant puts in an answer, and if he is the owner of the thing proceeded against in an action in rem,, he puts in also a claim to the property, and may remove the hold of the court upon it by giving a bond for its value.

In matters of contract, the cause is brought to a hearing before the judge; and previous to the final hearing by the court the evidence of witnesses about to leave the district, as for example of sailors or officers of ships, may be taken out of court before its commissioners.