The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-11-08
United states District Court.
DECISIONS IN ADMIRALTY.
Rv Hon IudOa Rata


BIayDard, March so. 1850, for S3l0O-b59O pa'd
Gown, and to be forfeited If the additional fz,ov
was not paid, with interest, on or before Ap1 o.,
thereafter. BrayHard took possession ofthe brig As
owner and master aud had repairs put upon her 20
large amount about $500 Of which he paid, ana i9r
the residue the vessel was arrested IN TINS cours -
seven separate actions The brig was up tortrelg3s
to San Francisco California, and the hoelans toau
ed on board part Of cargo OF coal, at Sl' " per
ton freight, TO be paid in advance by the notes Q,
j. Howsrd & Son. The coal was to be delivered
were to pay the libelant s25 per ton freight, ga
the Goth Of April, Captain 6raynard signed tne
usual bills of ladipg to the hbellant, for the coa.
ard on the 9th the be liant paid him the stlpua'
paymept was endorsed en- the bill Of lading. After
the coal was shipped and the bill of lading signed,
the claimants applied to the lbellant to pay the
freight to them, on their demand gairst braynard,
stating that he was irresponsible and unable to pay
item tie balance Of the purchase money Of the brig
An agent of the claimants testified that the libeant
promised that he would give them notice OF the time
he sheuld transfer Howard 4 Son 3 notes IN pay
ment of freight, that they might be present and
secure their demand from Braynard Such notice
was not given by the libellant On the 9th Of May
the vessel was arrested at the suit OF Wright q
Roberts, the monition being returns BILE on the 2lst
and between that day and the 18th, seven other
attachments were Issued, return able also on the
2lst-a the suits being for repairs materials, &c
upon the vessel furnished her in this port GA tas
l1th of May, the claimants petiteined the Court 10.
an Or0er 10 kell the Neceel, 10 SiedI uSE
heavy expenses attending go many prosecutions. An
order of sale granted that petition and the as
sent thereto ofallthe prosecuting creditors pe9-
tion ea1OnaS Issued thereon the same day, aod the
vessel was sold on the Goth May She was purchased
By the ibellsnts and the proceeds, 81 $780, paid by
them vas dep ,sted in court the by the Marsha
The caimants refused to transport the coal to
San Francisco, an ID had 1t unloaded on the wna,t,
against the protest Of the Ebellant. On the 29th
May, the libel in this cause was fled and the vessel
attached thereon The claimants put in their claim
to the brig as the Both, and their answer Il
July thereafter. On the 4th of June, final decree
was rendered in the case Of Wright and Roberts,
and in the other seven suits By material men, and
an order m ade for the distribution amongst them
of the funds in court The libel claimed that the
vessel was bound to the performances Of the contract
her subject to that lien and became also personally
responsible for the fulfrent OF the contract. The
court decided that the lien Of the libeant OF the
vessel for the carriage Of the he coal s was not Gs
being made without the assent Of the true owner Of
the brig, and was void as to tae camaass, In re-
spect to all parties, other than those concurring H.
or assentirg 20 it. That the purchase by the claim
ants was with knowledge of the irrsgularity Of the
sale, and accordingly they are not entitled to the
protection of bona fde purchasers without nstice,
ard it decreed that the Ebellant recover gant
the vessel the amount Of freight payable TO him on
the completion of the voyage together with costs.
The court further decided that the libelant had no
right of action against respondents per sonauy and
ordered the libel in that behalf dismissed with costs
Di,diey PrSSe ana Horace Brooks, Us. the birE
Claremoe-The vessel was owned in Galway, Ire
land. and arrived in this port disabled BY peris OF
the sea, and Consigned to tie ibeiiants, iesidng
here. In order TO make the necessary repairs, the
master borrowed 81, 5S5 IL 100 Of the ibeants; IA
drew bills on the owners, in Ireland, t5' portion
Of the loan; and on the 2Sth Of April, 1872 executed
bond for SIS 600, conditioned TO pay for the
loaned, together with 81 100 36l00 bo,tomry pre-
MUM, within ten days after the safe arrvs! OF the
oL. G.lr fha fua1 mt inf iy
May 18th thereafter, and returned TO this port in
June, 1850. On the 9th Of that month, she was
attached, by process, from State court, by credit
ors Of the foreign owners, and was ordered to DC
sold by decree Of the court, July 3lst and was sold
at auction thereupop, by the Sheriff, August s,
1850. All the proceedings On the attachment were
legal and regular. A bill Of sale was executed by
the Sheriff to the claimants, who are bona re pur-
chasers at the sale and it does not appear they
any notice Of this bottomry claim, other than that
implied from the suit being enced prior to the
day Of sale The master drew bills in favor OF the
claimants, on the owners, for the amount Included
in the bottomry Tie libel was filed August3, 1851
The Court decided that the bond given By the mas.
ter was bottomry security, legally binding upoa
the vessel; and that the bills of exohange drs wn By
the master, In favor Of the libeants, the owner
were not tie original security contemplated By Ia.
parties, but were collateral to the bottomry bond
But the court held that the libelants lost the bot
tomry lien by nCgecting to enforce il within res-
sonabe time after the return of the ship TO this port,
rendered for her sale 10 due course Of law in state
court A bottomry lien Is not an encumbraace
binding vessel indefinitely. Il must be pursued
within reasonable time after it is perfected By the
hsIpenipg Of the contingencies on which it rests,
and may be cut of or barred by bona rte purchase
Of TIE vessel, when reasonable period for enfoTcng
the lien has elapsed Orderedthat the libel be dis
II ssed with coss.
Pafr6k w Bnnss g. Co rs. tie Sip R5ckargy.
j. w. shaw 4 Co., and Pilkington & Wilson, Of
Liverpool, the claimants, April ~, l-j0, jointly
chartered the ship, and freghted her with SO pas
sengers, TO be transported from Liverpool 20 this
port. The charterers were to furnish her with
stores, provisions, water, and medicine chest, IN
common. j. w shaw & Co purchased and put on
board all TIE provisions, charging, one half to
Pilkirgton & WILSON, but IL did not appear
that the charge had been satisfied by the latter
The latter supplied the medicine chest, and Il ap-
pesrs the parties furnished water casks in about
equal quantities. On the 2sth Of May, after the
ship was laden, the master executed bills Of ladng
TO J. w. Shaw & Co., for the delivery Of the CUR
plus stores water casks and medicine chest 10 the
hbelaIts, who were the consisnees Of the ship aud
passengers in New y ork. ON the I'D Of May, the
master bad executed like bill OF lading 10 PHI
kington & Wilson, for the delivery CT the surplus
stores, &c TO Daniel Pilkington, In New York. }.
w. shaw & Co. transmitted their bill Of lsding to
the lbelants, who made advances upon II before
the arrival Of the ship; and they also claimed
balance Of account against J. w. shaw Co, as
consgnees and brokers OF that house, for other pas
senger ships and transactions Of the same cssra,er
as the present. The course Of business was for the
lbellants to sell the surplus stores water casks Sc
so consg ned to them, in New York, or return them
consigned to their correspondents in Liverpool. to
be there sold. and the proceeds in either case,
credited to the account between the claimants and
J. w. shaw l. Co. On the arrival Of the ship,
about July 10Th, In New York, the libellsnts pre-
sented their bill Of lsdng and demanded delivery
Ct the articles. Daniel PIlkngton here got out
permit for landing the goods consigned to him.
ard presented il before the delivery was
made to the libellants, ard the master OF
the chip then refused TO make delivery Of
the property under the lbollsnts' bill OF la1ing,
until the permits Of ID Pilkirgton were satisfied
But small portion Of the goods were delivered %
the belsnts the residue were delivered 10 the
consignee Ct the claimants on their bill of lating.
]. w shaw 4 Co. became irsolvent in July, $50.
+. w Byrnes X Eiwsrd saul originally composed
the firm Of =. w. Byrnes \ Co and transa..st
business with !. W shaw l. Co. MIR. ByrRss died
stme years ego, and the business has since been
conducted by Mr. Saul in the former name Of the
6rm, as was well known to J. w. shaw ) Co. The
-. -. a II