The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-05-04
United States District Court,

MAY SJudge Belts delivered opinions in the follow
ing the opening of the court, this morning -
William. Quirk Peter Clinton Held that the libel
lants agent authorized to charter hire the
sci for the voyage in question He had authority to
make the agreement in writing but it no condition
his power that it should be executed in writing The
ibcllants affirmation of the paro hiring would give it
validity II there were any question rs to the authority
of the agent. Held that the hiring was explicit and
complete the part ofthe respondent he then refused
agreed to be given Held the contract maritime,
and within the jurisdiction of this court and that IL
belant is entitled to the damages sustained by breach
Of the contract. Ordered reference to commissioner
to ascertain damages.
William Shannon rs Nathan Richmond Held that tho
contract for scraping the vessel maritime and
within the jurisdiction of this Court and that libel
liant is entitled to the price agreed to be paid
therefor There being Indebtedness in the evil
dence to the Der of days services and also to
ascertain and report the amount Held that privi-
legcs be claimed for services in smoking the vessel
and that the claim for those services be rejected On
coming in and confirmation Of report decree for libel
liant, with summary costs.
Thomas Ddcs and Others John LesIe.Held that the
Court will take cognizance of action by British
against the owners of British vessel wrecked at
for the recovery Of PURSUANT to tho provi
sons OF the act Of Parliament of and Victoria chap.
112 IT, But held that the action being of statutory
authority alone, the libel must aver aud the proofs
sh wv the conditions of the complied with show
legal reason for the omission to fulfil them Held that
If action be mantanabe against the master in such
the seamen equally bound, in suits against
to observe all the requirements of the statute,
by their pleading and proofs show the adequate
the action cannot be supported the allegation
and proof that the seamen "cxerted themselves to
the utmost to save the ship, cargo and stores, with
out also producing n certificate from the master or
chief surviving officer of the ship to the effect
showing legal for the production thereof
Held that under the peadng and proofs in this cause
the hbellants not entitled to decree for wages
But also held that these oqutaby due under
the statute and the master having paid wages to his
two mates for the services and having also been
examined witness in a branch of this case, and not
having, in his testimony answer imputed to tho Ii
bclants the omission of any daty on board the ship
during the gale in which she water logged, and
under which she was kept ahoat for many days, until
she foundered and totally lost 1t is further held
that the libeapts should not be charged with the
costs of the respondent in this suit Ordered libel
be dismissed, each party paying his costs
The United States rs. HIN III. Peck-On motion of the
United States District Attorney stating that MIR Peck
evadcd the service of the order of the 25th of April
last the court granted attachment TO bring him up
to answer for contempt of court.