The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-01-26
Pfs~ Two Cesfs.


lants on the - and II has been ever since In litga-
ton on various references and exceptions report
Of the Commissioner Held that tas auction price Of
the goods under the proofs proper means Of
pertaining the damages Il, th case that the freight
included In their sound value and the osimsnts
entitled to credit for IT, and that by the
beonts or the vessel could not be credited them this
suit.
Cyrus Manchester ~ Geo. Mine--sut for freight
Of cargo Of Goals from Liverpool Defence dedcien
cy OF weight delivery of the cargo. The bill ofladiug
for 200 tons was signed by the master Of the ship.
weight unknown On delivery in New York, by chaldron,
the cargo fell short lax tons Held that the OF
the ship not LIABLE the proofs SO for short de-
livery the weight of evidence that the method
showed difference between the bill OF adng and deli
very, equal to from to per cent. Held aso that the
beants could maintsin the action In their names,
assgnees Of the original ship owners and emit
tied to freish. on the quantity delivered
.AJred Peabody pe The Schooner Lrcindr Rogers,
ciamant- lions answer being full etc Held
that the libel, not having demanded answer pro-
answer, which put In issue the merits OF the beant
legations Of the libel
Nougatuek Transpora'ion Cempdny rs. The Steamboat
Rhod. Island Exceptions by both parties to Comms
sioners report Held tnnt in case of injury by ~rong
ful collision, the couding vessel liable pay
to the injured vessel while undergoing REPAIRS that
the probable profits on her usual employment
ford an allowable mode of computing this loss by demur
rage that the vessel having been In the
tme her would be reasonably entitled to interest
her value during the time the capital unemploy-
ed by her detention. It also held, the libsiant.
entitled to be reimbursed for actual payments
10 order to replace their vessel she when injured
including the pay and support OF her aud compen
sation to the master employed to superntepd her
pairs, Sc. Also held that the report Of the Commits.
soner upon particulars Of charge discharge In
count will be confirmed unless there be clear show
Corseius 7. Schooumaker IS Willfam ShoipeiL
Held that defendant, owner Of vessel from New
Jersey was liable In this action for stores and supplied
furnished him in New York the request master
and interest the balance. Held that costs be al
lowed for depositons taken before Stats mnrstrats
and by consent they being taken in obscure
careless manner, and scarcely lsgible
Vashinston Parker rs. Theodore Barrett ct aI-Helt
hat aCiv hvE -lia,t
he hired mariner on board the defendants
sell or, # hiring might be implied, there was no evi.
by consent OF the Defendants Ordered that libel DO
dismissed.
himself entitled to $3.50 wages for his services lon board
the defendants vessel the prepoudersnce Of evidence
as to full payment being closing
John Yan PIX Us. me Steamboat Characterization
for collision between the steamboats, Worcester and
Governor at Sands Point the effort the latter to
pass the former Held that the Worcester as the lead
ing vessel entitled to hold her and track and
was obliged give way in orisr to leave free PAS
sage to the other that the prepondraDce evidence
the Governor and that the approach to the latter and
crossing her bows effected by holding By her COM
pass the she had taken at the time Held It was
the duty OF the boat astern to take precauon in time
when 1t found the two experimenting, and to
sacken and stop her speed in another direction so
not to within sixty feet OF the other Deere.
for expense OF repairing Worcester and costs.
! WTtlam Churehilvs. Tts Schooner Ftash-Heid that
the vessel bound BY competent contract for
portation and delivery Of cargo of brckhed that thu
sudden death Of her master and ths closing the nev
CATION by Ice might excuse delay in the performance
Of the contract, but did not dissolve -hsd that the
vessel is responsible for bricks laden board and not
delivered injuries received by part Of the cargo
on deck until delivered owner to transport them
and ALEC the of carrying them there pre-
serving them after tn IT. thsy at hs risk OF ths
libeant. Ordered references to a commissioner, to
certain such damages
Robert Mott and oilers va The Bark Caifhn.ss, De-
Held that the master entitled SIS per day and
each of the other nbellapts to 81 per day savsg.
services rendered the vessel stranded tbs south aide
nfI apda for fhau IN.
To show that The consisnse Of the vesse sanctioned
those charges belonged to the claimant prove hs
dlesented from them, that they unreasonshs.
Ordered reference commissioner unless the parties
agree upon this time the lbeants were employed
ton service, of the steamboat Duncan c. Ps in re-
lief OF this wreck Held that - in charge Of tbs
also that DEFENDANT by his contract was per.onsv rs
sponsibs for this services of the boat $40 per hour
dsfsndsst in perscnam, for $3.50 and costs -s'' ''
Thomas Davis vs. John Les'he-A suit, by British
seaen against master OF British ship wrecked and loet
at her voyage before freight Held thatt
Is within the oognizanoe OF this court and that
the United states Courts Of Admiralty will exercise
discretion, and maintain jurisdiction in such cases
held that the belans failed prove the ship Vas nm
cordirgy cannot wages on that ground nor for
the loss Of their wearing apparel &o but held that
case coming WITHIN ins equity ana spirit Of the act Of
absolute condition TO their receiving wages that they
produce the certificates OF the master to their servce
hsld that the libel is defective in not alleging the facts
bring the within that statute and accordingly
decree be rendered on it for wages Ordered,
that beilant have leave to amend payment of costs
In this suit
Same ps the 0Uaer.tIsld tina, there is proof that
defendent owner Of the ship at the time bellants
shipped on board or at the time Of her wreck Libel
dismissed with costs
WiLiom Drain and oth,vs The Bark Caihness
9c-Held that the Of the bark have lien on the
remnants and proceeds saved from the wreck for their
wages Held that the refusal of the Grew TO continue
working the after salvers employed BY the
master, unless the same did not forfeit their
antscedent wages Held that the agreement Of tho mas
h. Ia of
but they continued render their services faithfully
tbs whole time they remained with the ship Held hst
the master not personally liable for BY the
voyage but under thsact Parliament Of and yet
chap 49, IL he can be chargeable Herewith Held
mand within the act Of Parliament but the proofs .hsw
ing such services contemplated by the act Or
80 advised for the recovery s os, and pro-
the provisions statute Order referred to ascer
tain the amount Of wages due.
.4yred .dnson and others the steamboat Columbia
Suit for damages occasoned by collision Of Columbia
with the bark ii. Warning" towed by the steamboat
tions and met in the night time Cstskill on the
North Rvereach made exerions avoid the collision
lsnts had not produced preponderance proos snow
ing themselves clear Of fault and that the Columbia
keep sufficiently the right Of each other 20
leave safe passage and that the weight Of evidence
her right safe In the night her and that
the ioeants vessel kept east OF mid channel and
to the east shore "a to occasion the collision Or
dered, that libel be dismissed with costs.
JosPh Gardener Us. Miches! Lsdacson aud fps other
defendant arrested theae causes on
warrants, and held In custody by the Marshal He Of
fered no ball stipulation to the Marshal After the
return day Of the warrants the defendant gave stpul
tons for his appearance under the rules OF the District
Court, and demanded his discharge thersrpon. Tho
Marshal declining to discharge him, application
made TO the Court to order his discharge Held that
the rules adopted by the Supreme Court Of the United
rules of inferior courts Held that the Supreme Court
rules restore the practice Of the English Admiralty In this
respect ard that defendant under arrest cannot be-
discharged without giving stipulation to satisfy the
decree which may be rendered Held that the act 70
abolish Imprisonment 70 debt does not apply to process
issued by Courts OF Admiralty
CouRr CaLENpAr--This day Circuit Cowt-Ncs. :,
a, 81, o. 30 O. 90 TO- 10, H. To- 10, ~ ~ Common