The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-03-05
U. 3. District Court-In Admiralty.


U. B. District Court-In Admiralty.
Before Judge Belts.
FEE. 26-The Court delivered opinions In writinI
In the following cases -
Levi Gaines Us. John H. Tyapis.-It was held. tina
notice of decree need net the rules be servsS
on the party against whom 1t rendered for any oths
purpose than to limit his right to stay proceedings
appeal That actual knowledge Of the decree by til,
party or his proctor, Of circumstances importing
notice. Is equivalent to notice and The decree my AZ
ter that be enforced, 60 That the EnIlnh eccls,ias
ticsl and admiralty practice, to citations and
Ditions to hear DEGREES is not adopted here Seouls
tors under the rules of the Supreme Court
the same DEGREES rendered against their prin
cipsl to be entered simultaneously without other
uoe than that ACCOMPANY the procsediny' in the
cause ana TO like execution thereon The same pro.
cess OF execution may issue against the property
persons of the parties deorssd against Tho acts OF
Congress OF Feb. 3D. 1889, and May a. 1884, adopted
the non .imprsonment act of the Sfate Il 8O7 sly
but the provisions of the latter did apply or EN-
brace processes issuing out OF admiralty courts The
act OF Congress- Of 184l had aso
and ths code Of procedure of this State acted April
H. ls4s containing provisions abolishlng impri,on-
ment Tor debt In all civil actions within the
terms Of the act of Congress- and would thus to
admiralty courts. But the after act Of CONGRESS of
August H. 1872 conferred on the Supreme ourt no
to regulate the processes Of the Uated states courts
and the rules Of that court adopted in 1874
the arrest asd imprisonment Of parties process
debt. This regulation of tho Supreme Court ia not
abrogated by the subsequent statute this State The
motion to set ABIDE proceedings for irreguarity and
the motion to discharge the stpulator from imprson
ment both denied, but without costs
WiIhom Hen'yps frederick Curry Held that proof
Of the hand writing Of witness to shipping articles
was ptma faee evidence Of It's execution by the matt
ners Also, that certified copy mi. ht received in
evidence, ON proof that the original had
the chip to sea- That the description Of sailor -
steward and cook certainty to his Identity
than the name upon the articles; AMI that nbslant
regarded IS the same person who shipped under the
name OF VIM Henderson, unless he proved the con-
trsry Held that seaman shipping In British vessel
for age from British North Amsrics to the United
States and back, Briish port cannot bring suit
here for wages without proving his agreement tsrmi
mated his discharge from the ship, other crcum.
stances dissoivns the contract showing necessity
lot the Intervention Of the court. Libel dismissed
Willow Love and Others %. Wiliiams a. Hincklev -
Suit for Extra Plotsge.-Hsld that no custom Of this
port was Proved allowing pilots double pilotage for
being no autory regulation fixing the compe saton
Of pilots they entitled to what sir ser.
lowed Of charging plotage conformably to tho
under the State Law whilst In force proper evidence
now to show the probable value OF hs services there
being no proof contrsdicting the business Of those
rates Held, that pilots entitled an extra allow
snce Tor bringing in vessel In crippled and disable
sondit9n sthough tbsy are not actually put to ad
summary costs.
DsnieI Wicks ads John EMs-Motion to set aside
the proceedings and dismiss tho suit, the groun nd
that the hbesnt is minor and because the services
were rendered on board Q foreign vessel Held, that
seaman though under twenty-one, allowed to dispose
OF his own time, and make shipping contracts for
himeel competent to sue in his for wages
That being privileged ssitor he need appear By
oehetn ami or guardian, for the purpose Of giving
curity TO the respondent for costs this may be so
ordered BY tho Court In proper and prevent
nss Inc Of right to sue rs.t. on foot
summsrily and on sfndsvits. Notion denied.
Frederick ". Jones ps. Samuel C. Oavis and Corne.
Hus SaUage- Suit for damages. being wages,
tersbuIg and back. The ibsllsnt alleged that he was
hired Is captain to take charge Of the brig by
the whilst she lay In this port and at her
n l0A tn atarlh uYu
The answer denied the alleged Agreement and asserted
that the bellant was only employed at his particular
upon the proofs AID law sppieabis to the case that
the hbelant could not proceed in Admiralty for tho
,sso,sry Of wages merely - ship keeper Held that
thse direct proof Of his being hired % captAn
and none, frsm which sueh hiring was to be implied
upon. Held that powsr to act Is m..tsr In home
port to Sign bills Of lsdng, ship and At out the
vessel does not necessarily import hiring for the voy
age and that the presumption from those Of such
hiring 10 Of slight weight, when the shipping articles
are not signed BY him, and the vessel sivsrtissd or
charge at discretion acting master Of their vessel
and 10 incumbent on HIM to prove that in doing,
they have violated any contract subsistng between
presented satfsstery evidence support the asgs-
lions Of the libel. Libel dismissed.
George F. Stoles6uyvs The Ship Atlantic for
share OF the earnings Of the ship during . whaling
voysgs, and also for suoh compensation - shall Do
adequate to the cure Of the bsant Of injuries re-
eeiVeO py MIN on DOorQ tho o0lp on tho VOYAGE The
answer alleges that after the bsllant Va Wounded
and disabled, he WAS disshsrged at the Sand vich
1slands, under the authority Of the United States
commercial agent there, and on payment TO him Of
$50, being three months wages Held ON the evidence
and Law Of the case that the discharge up IL i'm
psratiye and void The answer having set up special
sgreeme mt in the articles that Che bsant should not
be entitled to any share Of the ships tskngs during
the time he might be sick disabled from work, and
him; Held, that strictly the allegations Of the
snswer should have been put In issue by special
plicston, or BY amendment Of the LIBEL but held that
pspy to enter into special tipustons qualifying their
right to pay end that tho neat in THE
lawful and valid; held that board whaling
vssss entitled to be cured Of their siskusss and
injuries incurred in the service Of the vessel and be
brought home at the expense Of the vessels, but
general rule that charge upon the vessel with
the termination Of the voyage Ad home OF the
mariner Ordered, reference TO . commissioner, to
decision, and tho amount paid the hbsllant By the
TIE Brig Jo.epAine ads Joseph Smith sn1 others :
Notion, that the appeal taken In this be deemed
dsmissed, and that the stipuAtors Of the claimants
be discharged, 80. Tho decision Of the vas
made in March, l847, and appeal taken there
from BY the hbelants A certificate Of the Giro ait
Court clerk 10 produced, that papers have bssn
ned In the court above by the isesnts the appeal
application Of the rules stated BY the oourt) Held
that all the relief the claimants have In this court
their favor Application in respect to the appeal itself
must be made TO the circuit Court, which can alone
control proceedings on the appeal.
The Steamboat Buffalo ads. Wtiiiam Gray sal .4nssn
Grsy-The Some aSs. Ell Keiium. There was stipu.
aton between the parties that the Of those two
causes Except tho amount Of dsmsges should abide
the decision Of the Of against the saue
boat all three being for the schooner Mary
and cargo by collision. The decision OF the court on
the hearing Of Crawfords cause, In favor Of the
olama nts and dismissins the libel bat the orig
party having died, and the suit being continued by
ne sdminhtr.trx the court In the exercise Of It's
as to eosts dersd that they should ct be
charged upon the admnistratrix. Held, that thu st
puiation must be Understood having relation to tbs
merits OF the csss and that the exception Of ad
ministratrix from costs being PERSONAL and net
nected with the points In oont~station the trial
does not apply to the other hbelIants Held, tho
GENERAL quesuon that COSTS o. to them, must fohow
the event OF their suts, and that olaf
emitted 70 recsvsr costs Ordered decree accordingly
Syivanus ". Gordon. for HmssDasdhhe Osieers s"A
Cstv 0fhe rgHssuUius, cs The r. seeds Of Ger
tain Pssses Of War Held that the captures we're r."
spectvely lawful prizes Of Had that ths sales Of
the vessels and csrgoss in Mexican port wrre under
the oouustanoes legal and proper; and ordered that
the procet ds of such be- condemned prizes OF
war, and be- distributed one-bsU to the csp;ors aud
one. half to the United States.
Theodore Perry 4 Co, Us. Eiksnak Bdnss Held,