The New York herald., 1849-06-13
Superior Court.


JUNE IL The Master and Wardens of the Pert of Neio
York vs. alexander J. Cartpright-This action
der the acts Of 10th Feb 1879 and Goth March
1874 The complanants by their complaint, set forth
that by an act to amend an act entitled act to
duce several laws relating particularly to the city Of
New York into act far the relates to the
master and wsrdens harhor masters and pilots Of the
port of New York and their duties and for other
poses passed February H. 1919 the said master and
wardens Of the port Of New York any two Of them
with the assistance Of skilfu carpenters
required be surveyors any vessel deemed unfit
to proceed to sea and the said master and wardens,
or any two of them also required by said act to
be judges of the repairs which be necessary the
safety OF the vessel the intended voyage &C. That
by said act the said master and wardens had conferred
them the exclusive and authority to survey,
with the assistance aforesaid all vessels &c and to
judge Of such repairs might be necessary for the
r n Of such nssS vessels y Intended
and enacted amongst other things that IL any person
or persoDs shall under any pretence. perform or
else any of the powers functions duties of the
ter and wardens of the port Of New York by doing any
oftbe acts or performing Of the duties services
belonging to appertaining to them their said Of
6ce specified in the above reced act Of February sio
each and every person offending shall for each such
offence forfeit and pay to the master and wardens,
sum of fifty dollars, to be sued for and recovered by
them in their corporate name with costs In any court
having cognizance thereof half thereof to be ap
piled their and the other half to the Of
the pilots charitable fund in the city Of New York
That on or about the 10th OF April 1S4S the bark We
Por INTO sne port @ o. I'M NEW IN m Will:
Of Cowes in the se Of Wightthat she had sustained
much injury from gale of wind she encountered and
was in very leaky state In consequence Of which,
considerable repairs necessary to enable her to
proceed with safety her voyage That defendant to-
gether with other persons went on board said bark
shortly after her arrival in direct violation Of said
last mentioned act made survey Of her, and judged
the repairs which were necessary for her safety the
intended voyage The plaintiffs therefore, insist that
by force Of the statutes the defendant became liable
pay to them the Of $780, to be applied &C., together
The defendant, in his answer, after admitting the
material In the complaint in relation to the
ss ~ ns port % IN
was at the time the inspector In the port Of New York
Of the insurance companies of Boston. That on the
18th Of May s4s he was requested by the master and
consignee Of the said bark to examine her in company
with others and to give his opinion to the repairs
she required That pursuance Of such request he
made such survey and examination; found her much
strained and otherwise damaged, and recommended
the necessary repairs He denied that such survey aud
examination without lawful authority, in viola
tion Of any Of the acts Of the Legislature Of this stae
and further insisted that having made such survey
Interested Of said bark aud in good faith
the acts referred to any other law of this State did
force of said statutes he WAS liable &C. There being
no question of fact in the for the Jury to pass
counsel on both Sides that the Court should drect tbs
jury to find verdict for the plaintiffs for the sum OF
$50 and costs, reservng to defendants counsel the
right to enter an appeal on the minutes in order to
bring the question to the the acts of
February 1919 and March 1874 under the considera-
tion Of the Court in Banco Verdict accordingly
The Master and Wardens, &C., ps. Samuel Chandler
This grew out Of the famo transaction and in
wolves the questions. It agreed that It should
be disposed Of In the same manner.
Ezra Fitch and Others Us. Eugene Lirinsston and
Ohers-This action Of trespass, to recover da
images for alleged to be sustained by the plain
ts boat the Santa Claus in collision with the defend
ants propeller, the Ocean. 1t appeared from the
statement of counsel that the Santa claus belonged to
the Peoples Night Line between Albany and this city
and that ut the time of the collision, the
boat fitted out in the best manner, in regard to her
tackle equipments crew. Sc On the afternoon of the
a I'm hA eft lhan On hprr krit,
to this city and rounding St Anthony's Nose, the
persons on board thought they dscerned something at
concluded was vessel lying at anchor. The Santa
Claus Kept on her course until she peared aud found
that II was steamer with only one light. They then
sheered of the right make way for the Ocean to
pass thinking that she would also sheer off to the right
as she was bound to do but instead Of that she
into the Santa Claus, striking her about 20 feet from
the stem and near her forward guard way, running
through her hull breaking her wheel-house &c, and
doing damage plaintiffs allege, to the amount Of
$4,000. The plaintiffs under law ofthis State, issued
an attachment out Of of the courts at Albany,
against the Ocean upon which bond was entered into
by the defendants, and upon this bond this suit Is
brought 1t sesms that the defendants in this suit,
beed the Santa Claus in the United States District
Court for damages for the collision aud obtained
q decree which afterwards appealed from to the
Circuit Court Adjourned.
Before Judge vanderpoel
The People Faikener T. Downtng, implicated, $s.-
This action admn nstration bond for
Sl0o00 II appeared that the defendants entered into
the bond in suit, conditioned that James Raymond
and W IN IL. Sackett would well and truly execute
the trust reposed in them administrators Of the
goods and chatels Of Henry Ray mond, late of Wood
bridge in the State Of New Jersey deceased and obey
all orders and DEGREES the the city and
county Of New York touching the administration of
fad estate. 1t they did not to the ats
faction Of the parties and an order of the
Surrogate made, the petition Of the widow of
the deceased, to proceed on the defendants bond.
Several defepces were set up, to wit tSat the bond
entered into at the request of James and Fanny
Raymond, the ron and widow of the deceased that
Ssckett received the assets With their knowledge aud
applied them to certain with their appreciation
that the application to proceed the bond only
made by Mrs. Raymond, and that consequently the
recovery f any could BE- only for the amount Of her
claim. verdict taken for plaintiffs for 81 393,
with liberty to defendants to appeal and bring the