The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-05-05
DECISIONS IN ADMIRALTY.


running up the river ON courses which would GROSS
vas entitled to isep her way, being tho leading boat
The Huguen0t approached her within few yards before
stopping and backing her engine: The testimony d.
sequently The witnesses side swear the Huguenot
kept shesdway, and bow on into the Essex The
have gone clear the Essex had not changed her course
and edged on westward upon the bows of the Huguenot
dsncs and ssoordnsy holds the Huguenet not liable for
the damages which but the Huguenot clearly
% S D 10 s o stop
latter sworved from her The fault Of the Essex
viii bar her recovering damages but the improvdent
claim to costs Decree for claimant without COSTS
William Bordnsam u.s. ITS Casks Of Linsced 0a.-The
shore Of Long Island, laden with cargo Of nseed OIL
Her cargo was taken out Of her and brought to New
York By the belAnts 1t decided BY the Court that
tho allegations OF the libel substantially supported
by the proofs. and that the main averments OF the
snswer were disproved-that the vessel stranded
the relief afforded by the hbeants was mertorious
salvage service-tbst the vessels and apparatus en-
p0yed BY them in aid of the service were fitted TO and
proper for the service requred-that the salvage
conducted with fidelity despatch, and skill and that no
That Of
the value Of the cargo saved after deductng frop the
amount the costs OF suit and the moneys paid the
wreck master and shore aborers for their aid Order Of
references commissioner to ascertain the value Of
Alexander r. Harrison us the schooner Susan Ludwig
Ar tackle Gc,-The schooner sold by order of her
master at auction at st Thomas under the assumption
OIL c;ss Of ,n necsss and that her total lost
has power to sell vessel Of his authority unles
it appears the spot that such sale is Indispensable
and there be sat factory evidence that he proceeded In
entire good faith The evidence of the to the
cessy and the uprghtness OF his conduct is Of
dna Importance and the cearest must be fur
nshsa for not producing It, He is bound to use the
credit and means at his command TO preserve the vessel
and aso TO communicate with his owners and repair the
vessel bring her to the best port of repair pract
cable and cannot sell her merely his judgment that
Of surveyors that her sale would best promote the in
terests Of her The asers powers in such
strictly limited and the modified rule of mari
time law In that respect does not depart from the fupda
mental prncipe that the necessity of sale must be of
urgent character ADMIT any other aterna
tive without imminent hazard of total less This
rel had net boon disa bcd at she safely anchored
and not exposed to any immediate peril; she of
feeble structure and adudged not orthy and
liable to destruction by being eaten but does not
have been brought to the United States that she would
have been materially If she continued in her then
aituat0n until her owners heard from Her hull and
spars with small bower anchor were sold for $40 Held
that the beants not Invested Of their ownership by
the sale and that decree be entered to deliver the
sci to them. Question Of costs reserved.
Thomas o. L0ykns, ct al, rs the steamboat Brother iona
than her tackle dc-The libellants claim right the
ship creditors BY virtue OF liens upon her The build
ing of this ship, with Others projected by
citation, Of which the nbelants, J. Howard Son, and
Others parties and j. Howard & Son their agents.
She registered the builders certificate the name
of the claimant, March l7rh 1851. The libel that
Howard Son. being the owners in their behalf
md in trust for the beants contracted to sell her
the claimant. That agreement, dated November 18th.
1850 purpors to convey no more than the interest Of
j. Howard Son In the vessel and there is documen
tary proof in this that they owned the ship held
any part OF her in trust for the belants The agree
secure the payments stipulated to be made the claimant.
But contains conveyance Of the ship to j. Howard
Son, by the claimant, in case those payments not
made, nor does it stpulate right the part of J.
Howard Son to the possession OF her in any If
that arrangement, the consideration upon which it
founded, amounted to equitable mortgage of the
en0umDrance
rally by possessory action Furthermore, II the
expended the building of the ship and such advances
are maritime nens this being domestic ship they
would be to her only by of the State statute
and Immediately ceased the ships going to from
this port The lbellants not having shown legal title
TO the ship and proceeding their right assgnees of
the lien or encumbrance claimed by j. Howard Son,
their caae is not within the cognzance of Court OF Ad
qraity, and the libel must be dismissed with costs.
Ed,cdrd Knor the steamboat Dallas, her TACKLE &c.
The steamboat belonged to this port and supplied
with REV TO carry out patented Inventions for the pro-
pulsioa Of vessels, The inventions, if practicable.
cid nct provo useful and the apparatus abandoned
The ibelant was employed by agent Of the owners,
(beDg also patenee Of the inventions and part Of
copper work, ppes &C., connected with the apparatus
and steam engine After the project of fitting out the
shp with the proposed engine and apparatus aban
doned the claimant took the management Of her
lad all the works removed, and the ship equipped
sailing vessel He admits part of the lbeant's de.
mand to be payable by him, and has always been ready
10 satisfy it, but the hbeant declined accept part pay
ment The defence is that the equipment put upon the
vessel in the first instance merely experiment by
the pstentee at his charge and was no lien on the
vessel and utterly useless to her Held that
mechanic is only responsible for the suciency Of his
eas and work when supplied conformaby orders The
law does not impose on him guaranty that they shau
answer the expectations purposes of his employer.
This especially 80 in respect TO new Inventions when
mechanical skill is employed to carry supposed dis
Aovery and the mechanic only acts pursuant to instuc
men and mechanics for the equipment Of vessels is no
shnery supplied to aid their propulsion comes within the
In this valid lien the vessel is proved and the
demand being Put in suit before she left port 1t be
accept part pay ment of his demand. The decision will be
his favor for the whole amount of his materials and
Abor with costs reference must De had to a commits
Charles r. 7hrne u.s. the schooner Victoria her tackle
dc-The act Of Congress of February 20, 1858, in
iaion TO the costs OF officers OF Court, although
ttscuIey drawn is manifestly intended to abrogate
tho allowance Of cost in all specifically pointed
TO include the whole compensation taxable proctors and
ldyocates for the management of la admiralty
The usages Of the courts recognise the two orders Of
,fhcers concerned in conducting causes in court AID
.ot to them sepa functions although ordinarily the
are person may have both titles and perform duties
II both officers The customs and usages and express
equations of admiralty In the United States aud
England have long allotted fees to advocates for
ppertainDg 70 their Offices distinguished from that of
proctors But no act Of Congress in force making
Inference in the offices giving fees to either. The
ct of February, 1853, is manif4sty intended to dis
aspect to COSTS and the courts viii carry this egis
Tive purpose and policy faithfully and fully. The
I'll OF costs made up in this case, including other
hes to proc0ts and advocates tn docket fee is not
authorized by the act of and the taxation of the
serk, excluding those charges is nhrmed.
Peamel, Chuychmdn d Co., Us. the propeller Cfty of
ge,c York. her tackle dc-The hbel)ants sent out to
aagIes Tor sale one hundred and thirty tons Of coal
bard the schooner James A. Bayard, Capt. Thompson,
fr sale. The propeller owned by claimants was char.
tired to Haight Palmer for voyage to San Juan aud
hex, and the charterers put on board her their own
Erser and agent The propeller put into Porto Cabeo
obtain coal, and her purssr made purchase Of 10
bns Of Capt Thompson. Capt. Thompson knew the pro-
eler chartered to Haight L. Palmer, and that the
cursor their agent and bought the coal their be-
ah The purser paid 81 600 cash towards the coal he
formed Capt. Thompson but the latter took draft on
Knight Palmer for 81 080 the balance Of the purchase
money The purser tesfes the captain preferred the
1raf to the cssh he expected 90 to New Orleans
lie captain of the schooner testies that he accepted
he draft stating to the master of the propeller at the
lime that he should hold him and the vessel liable for
The coas The purser the sale was made to him.