1. Maritime Liens—State Statutes—Federal Courts.

United States district courts having jurisdiction of a contract, as a maritime one, can, under admiralty rule 12, enforce liens given for its security by state laws. The Lottawanna, 21 Wall. 558, followed.

2. Statutes—Construction—Conflicting Provisions.

The constitution of California provides that no law shall be amended by reference to its title, but shall be re-enacted and published at length as amended. Code Civil Proc. Cal. § 813, was amended and re-enacted by an act which amended the Code generally, and provided that all laws inconsistent therewith should be repealed. Held, that a clause of this section which remained unchanged was not so re-enacted as to make it a later statute than one prevailing before such re-enactment. Railroad Co. v. Shackelford, 63 Cal. 261-265, followed.

3. Same.

Pol. Code Cal. § 4481, provides that, if the provisions of any title of the California Codes conflict with the provisions of another, the provision of each must prevail as to all questions arising out of the subject-matter of such title. Code Civil Proc. § 5, provides that provisions of this Code, so far as they are substantially the same as the existing statutes, must be construed as a continuation thereof, and not as new enactments. Held, that section 5 of the Code of Civil Procedure prevails over section 4481 of the Political Code in the construction of Code Civil Proc. § 813, and Civil Code, § 3055, which are in conflict. People v. Freese, 18 Pac. Rep. 812, 76 Cal. 634, followed.

4. Same—Maritime Liens—Master’s Wages.

The common law of England, (which gave a master no lien on a ship for his wages,) by Act Cal. April 13, 1850, was adopted as to all courts of the state. By Pr. Act Cal. § 317, adopted April 29,1851, a master was given such a lien. This was re-enacted in Code Civil Proc. §813. Civil Code, § 3055, which took effect January 1, 1873, provided that a master should have no such lien. Pol. Code, § 4480, provides that the provisions of the Codes shall be construed as if enacted at the same moment of time. Held, that under Code Civil Proc. § 5, section 3055 of the Civil Code and section 813 of the Code of Civil Procedure are re-enactments of the acts of 1850 (the common law) and 1851, respectively, and section 813 of the Code of Civil Procedure, being the latest declaration of the will of the legislature, should therefore prevail.