The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-05-07

New York The proofs ample, showing the in
suceney of the supply to the libelants. and their
suherings In consequence. The defence was-l That
the ship British vessel and the parties British sub
jects and that Court had Jurisdiction the
That the entire ship had been chartered by the
and the charterers for the voyage
aud the ship was not responsible for their acts That
the contract of belants with the agent broker
Of passengers, and personal, and not ianding on
the ship he not being agent Of the ship. 4. There
being no PROOF that the ship had not an adequate sup
ply OF PROVISIONS or water she must DC presumed 10
have been furnished; and that II the fault Of
the master in not delivering them out to the belants
for which he alone is answerable Held that the
charter party proved affrighmcn the Wy
age and not an entire letting Of the ship Us to COM
stute the charterers for the voyage that
senger vessels carrying &c for hire liza
bic an ON their contracts the shipment Of
merchandize; that the ship is bound to provide pas
sengers wholesome and provisions and water
as well ~ necessary room for sleeping and being
housed and when the passenger IL deprived Of other
the ship Is chargeable for the injury certainly
owner proves the necessary provision made by him.
and withheld by the master; that, in this case,
the contract having to be executed or com
petcd in the United States the this country
have Jurisdiction on the subject matter the same az IL
the parties and ship American Decreed that the
beants recover against the shp@thc amount Of pas
Usage money paid together with interest from the COM
mencemcnt Of the suit, and taxed costs.
John Scott rs William II RusseH.-Libcl for wages,
to Liverpool and back, cook. The libellant
taking tobacco board the vessel in New York clan
destneiy Inc vessel was searched at Liverpool by
custom house officers and 40 to 80 pounds Of tobacco
was found concealed under the floor Of the cooks gal
ley. The vessel in CONSEQUENCES detained some
days but distinct evidence given Of the time,
the damage occa5ioned to the Held that
men owe fidelity to the ship, and any intentional or
wrongful act of theirs board subjecting the ship
to loss will be punished ubtracton of their
wages. The mulct may equal the whole amount Of
wages at the discretion Of the court qualified ac
cording to the equities of the The evidence
leaves room to doubt that he well he vio-
lating the English law in what he did. No very
we're less to the ship being proved, it is ordered
that abatement of $25 for the offence be made for
the lbellants wages and that he the residue
Qf any without costs
Edward Fitzgerald William Dodge-Opinion I'm
writing. for collision mt of the piers in New
York. The steamboat Mohegen, comma nded by tho
respondent, towing of her berth q coal barge
Inc hbellants schooner was at a contiguous pier
At the request of the respondent she dropped
astern to open space sufficient for the barge to
pass out at her head The bcant and respondent both
thought the schooner had been sufficiently moved but
the eddy tide swayed the barge she owed out Of
her berth towards the schooner and oosng her
forward taste let her fall farther back bow
spirit struck by the barge and she received cons
derable injury Some injury also received by the
barge. Held that the of mischance or
cdcnt. Both parties thought widening opened sum-
cent for the barge to pass out safely and although
the respondent by warping out tho barge by hand,
might have kept her off the schooner, the respon-
dent by letting loose his fasts hauling her trins
more astern would have kept the two clear 1t noa
made answerable Bill dismissed without costs to
either party
William Alexander Us. Joseph Galloway Opinion
in wrtng) Suit for wages from New York to Charles
ton and back The libelant arrested in this city
after the return of the ship charged with stealing bag
cotton, part Of the return cargo On trial before
justice for the larceny the beant acquitted But
You'd all question that the beant, in concert with two
accompccs "a person on shore and the second mate)
attempted sell ithcld that his conduct forfeited all
earned on the voyage 1t did because the will
full plumber of the and taking it ashore for sale
n higher offence in sailor than embe zzlng and
using board, liquors provisions belonging to
the ship and lsuch acts visited by abatement OF
the full extent of the ships loss and also be-
cause was of character justify the mas
dschargng the sailor from the ship and that grade
of duct carries with it, as a common nce
costs to be taxed.
Charles Summers Us. .andrew r. Percy Opinions
in wrting) Libel for wages earned whilst the vessel
fitting for sea, and for damages in not taking libel
liant the voyage. He engaged cook, and went at
times two three days before her sailing to the vessel
and did occasionally work on board. When order
ed board the day of sailing he to and do
cared he would not perform the voyage The shipping
brokers and others failing persuade him to fulfil his
engagement and the vessel being detained for cook
another shipped and went the voyage. Held that
the leaving the vessel by the libelant in violation Of
his contruc and against the wishes of the master
would be barred recovering for the work DONE having
broken his agreement and failed to out the time
or ne Ssr ns ,or u Tus sps in he
out the consent Of the master Decree that the libel be
dismissed with summary costs to the respondent to be
taxed
Robert Wood Us The Bark Lnfanta Opinion In
writing )-Action for damages by a British sailor
against a British ship and also for his services in At
ting out and preparing the ship for In her home
port Held admiralty will enforce claims
in favor foreigners against ships of their
try. liabilities incurred in home port, unless those
claims proved to be liens in that place By the law
of England artifccrs and nautical men acquire no lien
vessel within the realm for supplies services
rendered her Held also that the contract Of the H.
Reliant with the ship: being for voyage from Nova
Scotia to New York thence to Liverpool and thence to
the United States British port inNorth America,
the bcant could not arrest the vessel before the ter
minaton Of the voyage in this port unless he proved
wrongful discharge his restitution. produced
the approval of the British consul commercial agent
in this port minister to the United States to his
suit Held that the facts in proof would justly de-
feat the recovery of belant the merits Held that
although witnesses were examined whose names had
not been previously furnished the libellan-a sufficient
excuse therefore being given by the respondent, de-
| for respondent with costs.
George States The Bark b,fanta.-The same legal
principles applicable to this Libel dismissed with
4 costs.
mold ct al ads. Isaac Arnold-NIoton granted costs
to abide the event. Fox Harc-Moton for commits
sion denied but without prejudice to renewal Of 1t
costs to either party this motion Shacfer ads
Wright-Motion granted, provided the defendant pays
therefor and pays all costs of inquest and subsequent
procecdngin this cause costs Of motion and Of suit
against bail Allis ads White-Motion to set aside de-
fault granted, without costs. Maybce vs.. Thomas
Motion far granted to allow parties to submit writ
ten arguments on Saturday next. White vs. Allis-
Motion for commission granted according to notice:
costs to abide the event. Sutton ads CurrySIoton
granted with costs. Plaintiff may spulate payment
of costs Bertrand ads Lovegrove- No opposition being
made. the motion granted to vacate the default and
the original motion is to be heard on Friday next
| SUPERIOR CouRr-Is BaSco-De Puga Us. Mere anfs'
| Insurance Company Motion denied without costs to
| either party.
Hotciand ads. characterization for trial de-
| MED Judgment for plaintiff
Bank Of Louisiana rs Gerard H. Coster.-Judgment
| for plaintiffs
| KEGS ads MHs.--Judgment for defendant, in case
| of n nonsut
| Copperthwdh rs. Sheffield Ordered, that for tho
purpose adjusting the verdict in this cause interest
be computed upon the Judgment recovered by the
Bank Of England against James and John Reid the
9Th day Of March 1872 from that day to the eth OF
April 1872, at the of five per per annum that
interest upon the two bills upon which this suit Is
brought be computed at the rate Of five per cent
annum from the 10th day Of June. 1881 to the 7th OF
April. 1912. The amount to be ascertaned pursuant
to the directions contained in the order OF the court,
to be converted into the OF the nted States
the 81 So per cent to the pound ster
ling and interest added ut the rate OF seven per cent
per from the 9TH Of April, lS42 TO the date OF
i IL.