The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-05-02

porstion and delivery Of the brick But that part Of the
contract relating to the sale Of the brick and return q
the proceeds Is not maritime Its character nor bind
ing upon tho vessel except in the proceeds
board the vessel To be TO the shpper There
being proofn this that the Of the brick
| cannot BE- maintained Qu-re-whether such tacit
lien when exists pursue vessel into the
bona de purchaser without notice Of it. Libel dis
missed
NAY l-Ieansf, Broma rs Tie Bark Erira H,rbeek-
When personal baggage Is fhippad board in .
foreign port rscepted personal baggage to come within
the owner. a passenger, to the United States, with
paying freight and the passenger takes another ship and
the baggage is lost, the ship on board which was
placed Is not 10 IL common carrier and chargeabe
with OF its ssfo delivery The ship in such
il ut most only chargeablc for ordinary and at
tenton and is not ans~erab!e for the purlonng Of tho
baggage at by passengers or others on board IL
answerable in OF delivery OF the baggage TO i'm
proper the arrival Of the ship in the United
States the fact OF such improper delivery must be proved
by the beant and will not be presumed against the
officers or owners Of the ship Some negligence Of tho
officers must be shown by the proofs and It
viii not be implied because the baggage Is lost Libel
dismissed
| Samuel NJ Plume rs Richard Dnyea-In an action
Tor assault and battery committed by officer Of ship
at STA on mariner because Of his desertion and other
alleged misconduct, previous to the passage of the act
Of Congress Of last September prohibiting the punish
ment oi seamen by whipping, when the circumstances
| q sggra'ation, and which would render the beating
actionabe to by witness only and another
witness also seeing The transaction contradcts all those
acts Of aggravaon there is proof furnished by the
helant which decree be rendered in his favor
The prosecuting party must establish his by pre-
ponderance Of testimony. The suit being brought in
behalf Of minor by his next friend, aud their being
color Of Of action costs allowed TO the defendant
IInyy jacobs .9Lsrdnder RoJetsoa-Conrovcrsy az
to satisfaction OF wages on voyage out and back de-
cided the proof that the balance $40 still remains
satisfied to the Decree for $40 and interest,
and summary costs.
.attainm Cedmns & c.. rs. Charles Polsamus-A mas
ter Of vessel ordering materials and supplies which
ARE furnished 10 the vessel and applied to her use.
a sut in the Admiralty Court. The state statute
of limitations il not strictly bar TO such
ton but II the demand has been suffered rest By
the creditor six years, without the exercise
Of due diligence to enforce it, IL will be regarded stale By
the Court and no remedy on II will be accorded Wher
the defendant, although resident within the district
has frequently changed his residence, and has been
Gagged on board vessels NAVIGATING To and from olh...
States and when unsuccessful Efforts have been By
the creditor to lind him and collect the debt lapse 0
six years after it incurred will not in Admiralty
regarded ground for denying recovery Of it. Decree
for the debt, four years interest and costs
Samuel Beatdagh, IS John r. Nicho,son-A licensed
pilot when on board going steamer to take her
this harbor go the voyage remaining with for
the purpose Of bringing her into port for compensation
IN gross Of $780, not liable to do ships duty except
when in charge of her Off cialy pilot Any command
or request in respect to his services board may b
communicated TO him through the mate other subal
terms Of the ship, and need not be delivered him per-
sonally by the master and accordingly request to him
through the chief mate carpenter, TO stand night
watch, in case Of urg sncy, affords him no ground
tor complaint reproach to the master If he goes
the quarter deck to make complaint therefor to the
captain, and IL ordered OF the deck BY the can
tain, he IL bound to obey the order and must take
bis place in such part Of the ship the master shall d.
rect The authority the master in respect to the dis
cplne and rules Of the ship the such pilot
as over any other person board. IL he refuses t.
leave the quarter deck or ncgects to do on the
press order OF the master the latter justified in apply
ing much force may be- necessary to compel obed-
ence but no more. The result Of the conflicting evi
dence this point shows that the master employed
violence than necessary in removing the pilot
from the quarter deck and he Is therefore guilty Of
trrspass This violence consisted only in pushing the
pilot forward Tin doing which trpped and the pilot
fell on the deck and the master partly sol and being
companied with other force injury. the damages
should be scarcely more than nominal. Decreed $40
damages for the trespass Held the master not JUS
titled in thtreupon ordering the pilot ashore and leaving
him at Chagres. and that he Is entitled to his
full agreed and also the expenses TO which he
necessarily subjected whilst chagrc and in returning
home Ordered reference to ascertain those expenses,
decree amount with costs be entered
in his favor against the defendant.
jacob GSdtry Daniel Gi!sorfine.-The action il for
the freight Of 5lIl drums OF figs from Boston New
York. the defence L. that only Sis delivered aud
tender Of the balance Of freight Held that the weight
If evidence is that all the shipped and entered i'm
the bill u ading were delivered in New York to tho
cartman employed by the defendant to receive them
Decree for freight interest and costs.
Darid r. Sherwood .Joan = Neutrality-suspicious. to
the defendants The libel Is for wages
ter Of the ship Genesee and advances made for tho
Of tn shin, in all Sl,2 80 The defendant by his
denies that he Is indebted to the hbcant in STA and
asserts that the defendant him 800 1t Is contend
cd for the defendant that this Is good the
state code Held that the proceedings in the Admiralty
Court not regulated by the code and that his
IL insufficient and bad under the established practice Il
the court and the express rules Of the supreme Court
The defendant must answer the libel fully within six
days and the costs Of the exceptions decree BE-
entered pro con)esso in the libel against him
Utniam B,own as TIC Sap Chaaning. Wages are de
payments Of slgs 50. The up the
descrtion Of the libclant ut Hong Kong The evidence
OF the witncse, throughout l. directly contradictory
To the fact Of dcrcrtion But held that the decided
prcponderancc H. ia favor OF the defendant and against
the hbelant, aud that, accordingly, the libel be- dis
missed
Charles r. French and others the Rank SuprS-Nu-
meronS actions IN rem arr in prosecution against the
vessel or her proceeds In court since her sale and tho
parties apply To the Court, motion to designate tho
order in which the various ccma l. shall be- satisfied out
OF the funds In the registry II being Understood thae
all the claims authenticated that the fund will NOT
bc adequate TO meet them all Ordered that in suits
presented for claims Il tn, same class materials and la
Dor supplied 10 the ship ship stores furnished her that
the crdtors be paid in the order in which their suits
instituted he being fret diligence is entitled 70
BE- first satisfied and accordingly there is to he pve
distribution between THIN mort
gage hypohecation of the ship does not TAX.
precedence ii tho-c demands. but Il to stand 90
The same footing with them The demand set up M .
bottomy lien, II II has been attached by process tathe
,hip her proceed will suspend the distribution Of ths
fund until the right of the bottomry creditor j. deter
mined II the bOttOmfy bond l. established II ovcrriies
all claims. except for seanens wage. II no action u
brought on The bottomr, ciain, then u will not avail os
petition motion to stay the rights II the other
dtors and distribution l. 10 be male t. them ind
Gated. The bottonry creditor ought To have in
with his demand and arrested their proceedings before
DEGREES perfected n their favor. Any cr~ditors
having DEGREES entitled 10 intervene and contest the
lottomry claim that has been levied ON the ship OF her
proceeds
~, .4lsfrs Uarts ts Ne steamboat Iaac Merton -Ap-
peal from taxation - costsrhe questions presented
~hetherthe lbclant eutedt 70 charge Tor points
furnished the Court the hearing upon the n,ers ana
also the hearing before referees and also the hear
ing al thr exceptions the report a the Referees and
Hi,tber Ia entitled 20 brief and argument fees in
each ~ thec proceedings aud o. copies OF PROOFS
tran.cr.d cm the Judyp notes Tor The ~ Of Tho
fcrce. The clerk taxation rejected all these ~ms
Held that the charge. proper aud ought 70 ~ si,v
81 but iAe stcs 20 c asccrtained and adjusted ~
the clerk