New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1854-07-25
LAW INTELLECT NCE.
II g DISTRICT COURT Before judge ISsEH,oLL.
,vouT.Sr DECISION ~ ADsiRALTr.-ASsTRACT q
latham Parsons and others AZ. Dsyi Oglen
| 80 q Al 1ss1 the r..annnIanf ch Ia riarol

IN the 9sth OF April ls5l the respondent chartered the
,hip Hemisphere, then in this port, of the belants her
for voyage from Liverpool TO the port Of New
Ynrk By the charter party Il agreed that the snip
sbould receive on board ~ Liverpool full cargo or gem
eTal merchandise and exceeding 5l3 passenger and
that the ship shosd n be obliged to take boari an
amount OF iron exceeding her registered tunnage. The
RESPONDENT 10 provide water, provisions aud Dsrihs
and al other EXPENSES connected with The paSsenyer
and 10 pay hospital and Communication fees in Newiox
and quarantine expenses. II the ship PToFmed oefhs
the respondent pay the usual prce Tor them saa
10 buy the passengers stores then on boerd ~ ne
value in liverpool. The lay days for loading at Liver
pool wer. 60 be az follows Commencing from he unle
tho Captain reports himself READY 10 IoSeye cago a.
"tct-i running lay days and for esch and every my ue
eoton by default of the rePondent or agent one hun-
dxcd SILVER dolars per day to - pa9 py respohuen
M Tie,ans now 20 recover the charter money
s;cb was agreed upon II 500 the value OF the pas
renqers stores board, and seven days dsmurrage ~
fyopool The respondent Genits hat me are entitled
~ deurrege and objects to paying the charter money,
on the ground that the ship did not bring iJli cargo
Nv the act Of 8 aud William ". c. % entitled Il" an
act for The general regulation of the customs il pro-
yided among other things that goods snail be shipped,
or waer-bOrDe to DO shipped board any ship ~ any
port or place in the United Kingdom 70 be carried be,
youd sens before due entry outward Of such ship and
due entry OF such goods shan be made and cocket granted
not before such goods smell be duly cleared for shipment,
in manner therein directed, under pain of forfeiture
IL s also provided that before any goods be taken Ga
board any Outw ard tOuId ship The master shall deVCf
10 the Collector Controller certificate from the proper
officer Of the clearance nwards Of such ship on her last
voyage and alao account signed by the master or ~;
agent Of the e1ry ouw ards Of such snip Tor te ouafu
voyage, &c. -, - t
IT. however it becomes necessary TO iade any heaYy
goods before the whole Of the inward cargo Is dseharg
In order 10 tfen or ballast the hip 4 Is awiul Tor inc
CIect,g or Controller Ia issue to the master what s
called stitching note, bong permit 10 receive sucn
Goods for that purpose. After the whole of the inward
Cargo * discharge the Collector issues to the master what
is called Jerk note, being permit winch authorizes
him 10 receive on board goods for his ward cargo
The Hemisphere set sail from this port soon after the
execution Of the charter party. She arrived at Liverpool
in June and soon after commenced dscharging. On the
Path of June having discharged part Of her cargo her
master obtained from the Collector stitenng note,
authorizing him to receive board railroad iron only.
On the 2sh OF June all her cargo discharged but the
|erk note authorizing him 10 receive his outward cargo,
not obtained till the 3Oth. Some railroad iron was
furnished previous this aid bciote July - The whole
cargo was furnished consisting Of railroad and other iron,
crates boxes Of dry-goods SC. making up cargo of
general merchandise. The captain, on the 23d day OF
June reported TO the agent OF the respondents that he was
ready 10 receive cargo.
The hbellants aege that the lay days commenced on
the receipt OF the stiiening note on the 2ith OF June
which would give them seven days denurrage while the
respondent claims that they did not commence until the
receipt Of The jerk note on the '1lh III winch cssethey
would be entitled 10 no demGrrGge.
The expression in the charter paryis that the lay day:
commenced from the time the master reports himself
ready TO receive cargo. They do not commence, how
ever until he has right f. report himself ready and he
has no such right until snip actually ready and she
il ready long she is prohibited by law from re-
ceivDg cargo in consequence of the performance OF
certain things TO be done her part aud there be no
delay the part of the chaIierer until she has been 50
made ready
The construction of that part of the eharterparty
ating adays that the chaerer shall ave the right
10 detan the ship in order 70 put on Iard cargo OF
general merchandise fifteen days after she shall have
been placed his disposal and not detained business
of the prior CbaroTe and after she shall have
been nut in such condition thai he can put Oh board
such cargo She not detained by the charerer be-
fore June &c. but by the owner for the purpose OF as
charging her inward ca'go TIL that time goods could
have been put board of her except railroad ron The
RESPONDENT not bound to put amy rapesa or other
iron board under the charerPary. lie cYula pat ON
board Il cargo OF general merchandise without putting on
board any iron. Till the 3Oh of June then she was moi
ready receive cargo OF general merchandise ana inc
lay days do ct commence ill thet time
This also agrees with the custom OF the port OF Liver
pool shown by the weight of the evidence in the cause
No delay occaOned to the ship in consequence OF
the passengers.
The weight If testimony is that she fully and prop
ery loaded and the respondent has ground tor claiming
that she did not bring full cargo.
Nor has he ground of complaint rs to the number OF
passengers. The charter party did not require thrt 'i5
passengers should be brought at all events portion oil
the cargo placed between decks thai 80 many cod
not have been brought without violating the act i Con
gress on that subject Only $50 berths were PROVIDED oy
the p and none 10y the chaTterer aud only $40 Passe-
gers were rendered TO the ship and these she brought
The egent Of the respondent did not clam That more
borths should be furnished and thereby assonted that no
more passengers should he brought
Tie r spOndent also, by the terms OF the charter
party liable for the hospital and communication fees III
SewYork for quarantine expenses, ana Tor the d7'e-
ger stores furnished by the hbelant.
Decree therefore that the hbelants recover the charer
money less wha; they have been paid besides the hos
pita money &c the price OF the stores ana reference 10
a commissioner to ascertain the amount
SUPERIOR CO1IRr-Bcfore judge OAKLEY.
Harlem Rscsd Company ast Alexander Kyle Jr, aud JusHS
We have already noticed this suit the object being to
recover of Mr. KYLE 240 COO the amount of new ana OLD
stock ALLEGED TO have been irauducny issued by him
heng upward of $500 shares of the old stock ana up
ward of 800 shares the preferred stockdong so by
using blank certificates Of stock mrusted Ia MS care ~
such Secretary and converting the same to has own use
and al.o for discovery defendant Earle, ms wes
father to whom il is said Kyle and wife after the dscove-
~ of the fraud made a house and LOT owned Oy
KYLE Thirty also that Earle who 1t II aVerre,
is irresponsible, was daily and for several hours a
Sle and believed has in his possession ana uner
his control other money property, goods anu ELECTS e
proceeds of similar trasieIsGnd that they'd fh may DE
required 10 discover under oath, what property now
held by them and how the proceeds have been invested
or disposed oalso that they be required 10 assign sau
property said Company to receiver for Their be"e-
lit and further that said Kyle and Earle be enoined from
dsposng OF any property, stocks &c aud that the Con'
pany have judgment agalns. said Kyle Tor amount
obisipcd by him. IL stated that Mr.. Kyle was ap-
pointed Secretary in lS47 and that the stock thus audu
lenty issued had been transferred different individuals
from time time and that the Harlem Railroad Co the
plaintiffs will probably have 10 assume the responsibility OF
H. As already stated the application was granted ofar asths
Injunction and order for discovery concerned and
Mr. Kyle was directed be held to bail in the sum OF
SlO0 COO,
On Friday the counsel of Kyle Mr.. Tallmadge obtain
ed an order requiring the company to show caus yester
day why sad Kyle should not be discharged on enter
ing an appes rance on the amount of bail reduced.
Messrs Sanford Il Bilnge. counsel for the company,
appesred Yesterday when Mr. Sanford stated that the
Depuiy Sheriff who had arrested Mr. Kyle has not yet
made return and had the papers which he was arrest
cd AND which would be necessary on the argument vl
this motion The hearing was postponed to tuesday.