Practice — Service of process — United States Navy Yard — Naval officer — Naval regulations.
1. Where a state cedes land to the United States Government for use as a navy yard, but expressly reserves the right of service of civil and criminal process therein, a deputy sheriff, with permission of the commandant of the navy yard, may serve process upon a naval officer superintending at the dock beside his ship in the dismantling thereof. [385]
2. It is immaterial in such case that permission for such service was not given by the commander of the vessel on which the officer served, as provided by the naval regulations. Such regulations are for the government of persons in the service among themselves, and cannot deprive an otherwise competent court of jurisdiction. [386]
3. Nor is it material that the service was made on defendant while standing alongside of his ship engaged in the work of the vessel. The service was made in the navy yard with the permission of the commandant of the yard, and that was sufficient. [386-387]
Argued April 28, 1932.
PER CURIAM, May 26, 1932:
The order appealed from is affirmed on the opinion of the Superior Court.