The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-08-10
United States District Court.

DECISIONS JUuCs HErrs.
Aucrsr 5-.J,An Brorn Is Siias r. HurTprs 1t 10
considered by the Court IL rst That the receipt Tor
ssoo given by the hbcapt, to sponord Tilcston,
August Is4p paid upon his clan IL wages cannot he
,t up by the defendant avoidance this action
does II preclude tie beant bringing suit prior to
October J, Is4p against the defendant for wages
IL any damage has .Dsued 10 Spohord X Tisston oy
means Of this seton being brought before the last
nsntd period the receipt engagement Of the desn
dent may afford them q remedy therefor again.t him
s.ctrd-Tbs written contract with the DEFENDANT Feb
fusry Is ISIS not Of isel co be c6nstrued TO bud
the hbesnt 10 than the ordinary duties II master
cfhs vessel on trading commercial voyage and did
not authorize the def, ndant 60 exact his eivc.s Ia
business distinct or differing from that. Third-rh
mploy ment q master 4 yestel in obtaining cargo
guar H. upon the proof extra aud aborious
srd urous 10 health, than his services in that capa
city. in ordinsry trading or freighting voyages
10 the came region "a ports and unless there
he specific agreement for compensaiiou the
mater Il entitled 10 BE- paid therefor qanum meru.f
hyCid hs stipulated wages master the usual voy
sge feurtb--Jpon the proof. such compensation
htud e v. per cent upon the nett proceeds Of the re-
titled TO a n alowanc for claims against the ~
RELIANT, arising cut 81 sny other voyag. Transaction
then the upon which the suit IL founded sixth
Iron the poc the conduct q the libellsnt whilst IN
n. service e the defendant beard the vessel Ia quss
ton was correct and faithful aud be not ntempe-
rate or iusttentiv. his duties on the voyage So
,.nth The inter-, gatories sdmni ersd by party
Z" another Ia admiralty causes II the nature and 81
Get 81 bills a discovery filed In equity In sid of suits Vt
law aud the party responding y not entitled to make
testimony q HI, answ,rs In HE behalf when the
other party dos no. o.r them In evidence The libel
att ctnnct ute ms answers to the inerrUStoea put
him by the d.fsrdaut pref in the II IL sc
ccrdntly orderd that III. blaut his wages at
the rate Ct s75 per month during the voyage; and also
Eve cent upon the ret value ~ the guano brought by
him &C. this port. and that u b. referred to commits
eoer to ASCERTAIN the amount aud also to ascertain and
report the amount a all payments made TO him In be
half q the defendant for his services the voyage
Decree accordingly
Be,ch and Others B,chi and others 1t is considered
~ the Court .-Firt-That the iibcllsnts bound
60 prove fulflmcrt IT the charter party entered Into
by them They engaged the ship 20 perform the vpy
| nke and must fbow there default her part
s,ctnd-1he contract 10 to carry cargo Of umb-r
and timber In the vessel rsmed. from Charleston,
G., To- barcelona Spain. for the defendant.
Ihfd-The defendant having rendered cargo OF lum
ter and timber Chareston 90 the vessel she declined
receiving u on board because a the timber was 81
size Too large for her port holes The defcndapis must
ie held TO have complied with their contract. unless
auty 81 one ffsud or deception in relation 81 the size
q the timber fourih--Tt incumbent the owner
the vessel to limit in the charter party her obgs;ion
to tske particular descriptions sizes timber VI ne
I'D not intend leave Il To- tbs discretion Of the de-
ienesns 70 lead such they je red TO send. aud such
os should tt mercbantebe fifth-Upou tn proofs the
cso offered was merchsntAble and ~ customary kini
~ Cbsrieston, g. 90 size SC aud the shipper. au
owner have biz v,s fitted TO receive and transport
| IT. Hxif-,lhc prepondersnce Of evidence H. that the
1 festi might Lave been fitted 70 take In the LUMBER
cnetcd With but email expense, hut that point be
doubtful the risk Il upon her owner, and NJ cannot
naf tain an action fer performs OF his contract,
~ merely ser ding biz vessel Charestop aud OF ring
/ TO receive svoh iUmttr ard timber 81 her htment
Srd arrangements then enabled her 10 load on bard
| s'vtnt-The contract u not 10 be- construed Ne i
nsde by the attendants with reference 20 the then state
- ue vessel and her capacity st tbst time 70 pass
| ihrush Der timbst ports the descripti VI timber
efieh night b. cf,ttN hut must b. understood TO re-
sto "a the vessei Ut Charleston ~hcn the cargo should
u bruSft to her and the yiais obligation Of the libel
hsh 70 nave her rerdy TO ship the uoer enc VnncS