1. Deattt by Wrongful Act — Jurisdiction—High Seas.

Code Civ. Proe. Cal. § 377, provides that, where the death of a person is caused by the wrongful act of another, the heirs or personal representatives of the deceased may maintain an action for damages against the person so causing the death. The constitution and Political Code of California fix the western boundary of the state, and of its counties, on. the Pacific ocean, three miles west of the shore lino. Held, that the territorial jurisdiction of the state extends over this three-mile belt, and such section 377 gives a right of action for wrongful death occurring on tlie high seas two miles from the shore.

2. Admiralty — Limiting Liability — Death by Wrongful Act.

The death of a person was caused by the capsizing of a schooner two miles from the shore line of Humboldt county, Cal. The crew were drowned, and the personal representatives of some of (hem brought actions in the state court against the owners of the tug which had the schooner in tow at the time of the accident. Held, that the adm'ralty court for the proper district has jurisdiction to stay such acLions, to der termine the liability of such owners under the limitation of liability act, and to enforce the rights that accrued to such representatives under the laws of California by reason of the acts complained of.

8. Same — Negligence—Evidence.

The schooner Fidelity, in tow of the tug Printer, was capsized while crossing Humboldt bar. and all hands drowned. This bar is so shifting, and the channel in consequence so uncertain and dangerous, that it cannot be navigated without a skillful pilot. At the time of the accident the tide was strong ebb. running four knots or more an hour, and there was an adverse wind, blowing about nine knots, which was strong enough to back the ebb tide. The bar was extremely rough, the sea breaking in six or seven fathoms of water. The captain and mate of the tug testified that the schooner was capsized by an unexpectedly heavy swell, because she had no ballast, but they did not pretend to have discovered this when they took her in tow; and she had made a voyage of 500 miles before reaching the bar, in a stormy season. A number of pilots and seafaring men testified that the condition of the bar at the time made it unsafe to attempt to tow across it, and the lifeboat was unable to reach the capsized vessel. Held, that the accident was due to gross and inexcusable negligence on the part of the master of the tug.

4, Same — Limiting Ltap.tt.ity -Privity of Owner.

On a libel for damages, the question whether there was not such privity between the owner and the master in the negligence of the latter as to take the casa out of the provisions of the limited liability act will not. he considered when the amount of damages proved is less than the stipulated value of the vessel.

6. Same — Measure of Damages.

Under Code Civ. Proc. Cal. § 377, which provides that for the death of a person by the wrongful act of another “such damages may he given as under all the circumstances of the case may be just,” $7.000 is just compensation for the death of a shipmaster, aged 33 years, whose wages were §100 per month, and who left a widow and two children; and §3,000 for the death of a ship's cook, aged 39 years, who received §50 per month, and left a widow and three children.