The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-05-21
United States District Court.
DECISIONS IN ADMIRALTY,

| By Hon. Judge Belts.
John Bo9et and oilers sgt TIE steassboas John jay NJ
mortgages of the boat The mortgage not regis-
tered in the custom house nor city registry After it,
house. 1t not proved that the purchaser had actual
Of the boat to nm Held shss court Of equity might BE-
enabled TO bring to light circumstances which would
ys.e title a. agans. she ths Iu, n 10
that is with claimant and he must have decree, with
costs.
dsIiI claimant Case of collision at sea- of the New
Jersey coast. Held on the facts that tn" law imposed
upon the steamer the duty OF avoiding the schooner
Is rendered condo mining the steamer for damages
me BRIG J. b. La,nt Thomas J. Johnson claimant net
Nm H. Merritt ct al The upon ths merits was that
the lbelants had established legal title the
der mortgage upon her that st sson must b. de-
lvered them The claimant cannot tn At sub
stituted by one imposing the beaus the condition
that they 30 into an accounting with the claimants upon
the state Of the mortgage debt before receiving such pos
session. Iakipg such count does not appertan
court Of admiralty but belongs equity The caisn.
Vinceaso allegro sgt. the stoamloat Niagara, 7aos O.
D,rcTt ana others claimants the duty of the IL
the means Mt her command required by the claimant
aud to have sheered the brig upon her cable whilst ut
snchor The collision complained of occasioned by
the neglect in that respect The libel ordered to be dis
missed with costs.
Patrick Dempsey agt. tie steamboat John Of Albany
The exception to the commissioners report puts
the business Of the estimate and also the ur diclon Of
this court Held that The pleadings the of
ton is within the cognzance Of this court aud that Ii
beant can rghtfully caneethe note gvea as security
for his and the whole amount against the
steamboat At, Decree for libellant, with costs
Aha White agt. the canal beat Arn Arbor.-The pa
per- exceedingly voluminous and contradictory to
'he facts presented by the opposite parties Taere ia
also serious question OF jurisdiction involved ia this
and iDpuatons Of surpre and concealmen in the
proceedings Of belIsnt in obtaining cesreo. Ordered
the decree to be opened and that claimants have leave
contest the libel upon merits aud that the OF
this application abide the ultimate decision of the Cause
Gorge &onteath ard others sgs Charles KnSpasiea.
questiopably within the cognizance OF court Of adm
rs,y The freight and charges upoa the eight hundred
end fifty barrels Of -four accrupg in its tr4nspsrtatioa'
Lake Ontario and the Hudson river and the forward
ing transit expenses through the canals from Oswego
to Albany, may well be regarded part OF one entire
aiIrcgh,ment. BY the we'll settled law of this State
succession Of forwarding carriers paying anecedent
charges goods in of transportation become
Each Of series Of forwarding transit carrier, becomes
responsible to the owners Of the properly ia its carriage
Injured In the hand OF the lbeants. 1t was delivered
to The respondent within the obligation of ins bill of
ladrg The decree must be for the libsant with COSTS
and if the amount is not agreed reference to be taken
TO q commissioner.
ono ahess-The steamboat William Young in attempting
get through field of lee as tened It, aud her
engine catching upon the center she could not be worked
clear Of the ice The schooner Mosee anchored in
the river above ard the ice carried BY the 0ood tide
up the river with the steamer and in such manner as TO
danger the safety ef the latter by drifting her side
wise on the bows OF the schooner The captain Of the
steamer hailed the schooner to raise her anchor and DRIFT
out of the way The anchor fast and could not be
raised He then those the schooner slip toe
cable he should be sunk The cable accordingly
slipped and that and the an:hor hoto lost. ued,
there fault Of the steamer which compelled the
loss she in place Of danger By accident and not
bsneatly and the less susteDed by the schooner
pot occasoned BY tort OF the but being in
CURED the demand Of the captain OF The steamer aud
for htr safety her eQuitably bouLd to bear
Iortion OF the loss. Held, that the schooner also
interested taking the for her prosention
seapst probable injury 10 herself in having the steamer
pondents be rged nth mosty Of the value Of the
anchor aud abe and actual OF dragging and
searching for IL costs ~ 10 te respondents
because ey refu cd making any compensation Reference
TO ascertain value aud expenses
Syloonw Warner agt. the steamboat South America =
The OF evidence is the slaop not
west Of th~mdde of the river ut the time OF the COLI
SIGN, and holding her course be-ting the wied
icing f. or By f. Tina. the lte mer in sheering to
tho west shore ateI coing down the pas! Kon
srcooc Island the bows III the schooner aud thus
caused the collision with Der The fault with the
steamer rot with the schooner Decreed tn libel
liant his d,ipsges and costs Reference ordered
| The Government of Peru agt the ship Moth An,e
RIGA Held, that IT vas not certain upon the terms OF
the stipulation in the charter party that the agreed
of $4,000 to be paid in OF its performance
lquidated damages. 1t was called lensly and also
| "a fixed decentralization OF p,ejudicss caused by the
party delinquent" The bearing Of the authorities, in
such TO interpret the agreement to DO penalty
Tie libel claims $50 600 damages for OF the
tract Unrer the provisions Of the act Of Congress- OF
1917 the Marshal take hail and release the ship
in less than 500 co., That restriction does not
affect the court 1t has p,ger to discharge her sti
pniaon reas opaby sufficient to cover damsges Order
ed, the hp discharged the claimants giving tipul too
with cites usf.d In $50 GOO amount With the pcvi
lge Of securing the amount by several pulat0rs us
| iing in aliquot parts thereof.