New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1853-05-06
DECISIONS ~ ADMIRALTY.


eeOrr, D hsoo AID others the sts.nboa, Hasoast
By the owner 81 steamboat Ls' to recover damages Tor
collision of Castle Garden The WEIGHT o, tesunpayis
that the boat could have gone clear me Essex hA aos
changed her course The Hugenot on the other hand VA
Nsmahe for pushing SO Tar up the Essex without stop
ping her Decree for claimants, lowneFs haseao' oat
wpK.n Borau.a ca. rs casks Lnsssi on -,
To recover sAlyage-the bark Henry from L'ndoo VITA
Il shove cargo went ashore on Long Island ana we car
go was taken from her by steamboat ~. Of hhelAn.
and brought 10 the City The Court consdersthe
entitled to salvage Of fourth the cargo saved after 10
Spcn costs Of suit and moneys paid the ana
- i horsrs f,r thair aid Reference ascertain vste
cbonn.r was sold AZ ~ ThOnas AZ auction by the
MASTER under the assumption of case Of extreme neces
si,v her hull and spar with small bower anchor onnSss
erly $40 The former owners contend u,S' WAS nN
case OF NECESSITY, and that the master haa no 70 ~
her The Court considers tina, the master has no power 10
sell vessel on bis own authority, unless appears on tns
spot that such sale is Indispensable, so as not 70 sdm%
sny other alternative without mmnen, hshu ., 49,
loss He bound 70 use the and credit AZ ms com
msnd 10 preserve the vessel communicate with the owners
and repair the vessel 10 bring her to the pest po "
repair possible II does not appear but that the scnonsr
with slight repairs might have been brought 20 the United
States or that she would have been maternity wVfse
continue she till the owner could have been ayau
from Held that the hbelants not divested o. te.
ownership by the sale Decree that the vessel be delivered
70 them. Question Of costs reserved.
Thomas Lln and other. s.astthe Steamboat Brother
upOn her, which are cenied. There ~ no documentary
proof the Court said thatJ Howard Son owned the ship
he part of her trust Tor hOeanS III tue arrange
ment Of November - 1850, amounted 10 an equitable
morage Of the ship ut be enforced IN admiralty, by
Uossess0ry action II the expended upon the
building the ship and the advances are maritime liens,
this being domestic ship they would be only by the
State statute and the ships going 20 sea from this
port Lbesnts not showing l-gA hde to the ship aud
proceeding the asgnees OF the lien claimed by How
ard Son their case does within the c0gni1incs
of a Court of Admiralty Libel dimisSed with costs.
Fdwrd Knox The Steamboat Dallas, her tackle ke
Mr. X the hbelant ceppersmth, was employed 20 fur
nsh copper work for engine and apparatus on board
the Dallas for mode OF prOpelng vessels by means
of vapor &c The project failed and the engine was taken
out and she was turned into sailing vessel lie lbeed
her however for the amount of her bill The owner con-
tested the claim, the ground that Mr. had not been
employed 10 put in steam engine but by the inventor OF
a new experiment who had agreed with the owser % place
such machine in the vessel but being failure the hen did
attach The Offered to pay part OF the bill The
party by whom Mr. h had been employed was then part
owner aud agent for the other OVERLAND he was also EN-
ployed by the master. The Court held that furnishing
machinery for vessel sgreeably 70 order creates lien
equally with furnishing sails and the mechanic
way responsible for the success OF the machinery pro
yided is according to order The hbelant slr ~ in
this not bound to accept part payment The do
mand having been put in suit before she lett this port
can be enforced in this Court Decree for whole amount
of claim with costs.
Congress at its last session. adopted new code as 70
costs and the bill OF costs in the present case WAS taxed by
the Clerk agreesby to the new law Exception was taken
10 IL by the counsel and argument presented The cusoa
has been the Court said to an fees 70 advocates tor ser
vices apperiainng TO their offices as distinguished om
that Of prnctors But no of Congress IN torce
making difference in the offices giving fees TO ether
The act of Feb 1883 is manSty intended TO dspsce and
give The whole law in respect TO costs, and the Court
will carry this legislative purpose and policy faithfully
and fully The taxation Of Clerk, excluding the fee, 10
proctors and advocates other than docket lee, con-
hrmed
Pencil Chuhman Co. sg the propeller City Of SewYors her
tackle. Nc
CANAAN Thompson of the schooner James 4. Bayard.
belonging TO the boan Sold at Chagres cargo Of lje
tun of coal she had board the propeller above named.
which had been chartered by Haght Il Palmer who put
on board their purser and agent, which stopped at
Chsgres on her way San Juan The purser paid Oce
cash. and Capt T. received for balance drat on ught
4 Palmer of this City for $50 The latter house failed.
and The draft not paid and the propeller was hbeed toe
the amount The Court considers that the credit lundr
crcuu ances had been given TO II X r. the charerers
No evidence WE shown that the to supply h
with coal Libel dismissed with costs.