The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-06-16

United States District COURT
Before Hon. Judge IngersNl.
DECISIONS n ADMIRALTY.
Soswel p. Ro6tsson sgainx tks &kip Msdera-
tion for services agent In procuring freight and
passengers for The ship for voyage 70 Australia In
the fall of 1861. The chip was owned by George A. |
Trenholm and others, Of Charleston, 8. c., and R.
The ship being in this port In 1852 the KbelIant sp-
Piled to the agents to sell the ship TO Mrs Hrer the
wife Of John c. Erler, of this city. An agreement
was drawn up. dated September s, 1852, and signed
witness, and whose contents he was acquainted
with. By that agreement Caldwell & Co. agreed to
sell the ship to Mrs. Eler, and Mrs. Erer,
with the consent Of her husband, agreed to bay
or before the ship should sail. Caldwell &
Go. were to hold the ship until the money was
paid, and whatever repairs were put on her were
to be put on her by the purchaser, the ship not to
never paid and the ship was Lost on her voyage to
Australia. After the execution Of the coatract,
John G. Erer proceeded 70 At her out for tho voy.
age, employed her captain and crew. took control Of
the iibelant to act Is her agent and the ibeis -
performed services - such agent and broker. fhs
respondents claim that the hbelant has no nle;m
against them at all under these facts and ssr a.
has NO maritime lien at all for such serv Ga IiSen.
ing him to . ships husband, whose Tmfu II Ia 70
perform such services, for which he. hss NO hen
They also hken his claim TO that Of steyedore for
slowing the freight after it has BIZ In nrocured for
which, az has been decided in ral csses no lien
exists against the ship. can Pr xciye no difference
in principle between the case # the steyedore and
the agent to procure freight The latter bargains to
have the goods put on boar that the ship may earn
and receives and slows them 1t would seem on
principle that If the ats consequent upon the bar
gain made did not Create . maritme lien, then the
bargain ana the .Srvioes BY which i is brought
about ought not 20 be considered maritime services
securing for thea maritime lien. But the case Of
Warren agsinA the ship st. Mary, decided in this
court and Alarmed on appeal by the United States
Circuit CoNt, has decided that the services of a
ships agent or broker, In procuring passengers and
freight, On contract made with the owner, will
secure TO the agent q maritime lien, If he looks to
the ship as security at the time Of performing the
1t does not, however follow that the party render
ing such services at the request Of who not an
owner, would have lien. If the party in possession
o. the ship and having control Of her for the voyage
and the party performing the services knew of such
prohibition at the time of his agreement to per-
form them, he cannot have lien as against the
owner. The contract may be good maritime con-
give hen on the ship. &c. If the party who per-
formed the services was notified that he must look
to the personal responsibility Of the with whom
he has agreed for their performance and not to the
ship, he cannot have fen upon the ship. He does
not look to the ship for security when he performs
the services and unless he does So no lien attaches.
He cannot by contract have q lien against the ex-
press prohibition Of the party to be affected by the
lien. The Hbellant contracted with John c. hler
to perform these services after the execution of the
agreement Of September Sd, and Robert Caldwell,
the agent Of the claimants deposes that about that
time he told the ibeant that whatever was done
for the ship by any one must be on Erlers
personal responsibility, and not on the credit
OF the ship or her owners. Having received
such notice, he can have no lien for his
services. His right to such lien has been waived.
The Gbellant claims that Caldwell is not compe-
tent Witness because the stipulation for value is
signed by Caldwell Co., agents for Trenholm b
Co." But the bond was not signed by Robert Cald-
well, but by one Of his partners, and could not
therefore be binding on him, as not within the
authority Of one partner to bind another by execu-
ting such stipulation, unless it is ratified or ap
shown to have done 3d. is not bound by the stipua-
ton, and therefore not interested in the event of
the suit If Erler, his wife, after the execution
of the contract Of September 3d. to be consider
vessel, and against such no lien is given by admi.
rally law, even for materials and supplies. Such
services as those rendered by the libeant could not
surely be entitled to higher consideration. Libel
Russell Sturges the brig Nautiiuc, her Tackle,
&C., and Cargo.-This suit is brought by the owner
Of the steamtug Achilles, to recover salvage for
& p 70 Guy as q Sr Say
titus, on voyage from st. AIMS Bay, Jamaica, to
this port, came inside of Sandy Hook ON the morning
OF the 18th Of January, having on board cargo of
pimento, logwood, old metal and rum, alleged by
the lbellant to be worth about 0OOo and admitted
by the respondents to be worth the OF S47 A.
She had pilot on board, and came to anchor inside
of the Hook. The ice commenced to collect
around her, and signals were made for steam
boat to tow her up. Two steamboats, passed
without regarding her, and on the 10th a sig
nal Of distress was hoisted. About three P. N.
Of Of the 18th the Achilles steamtug, said by the
ibellant to be worth the sum Of $45 GEO. and to be
wholly uninsured was coming up to the city, and
deserted the brig some two or three miles from the
channel towards the Jersey shore. The Achilles
went toher and brought her up to the city arriving
there about six o'clock in the evening. In regard
to the danger of the brig, and the difficulty and
danger which the Achilles met in towing her up,
the stories Of the ibeant and respondents differed
eXceedingly-the respondents claiming that the
brig was in danger and that the ice was of small
thickness, and afforded little hndrance to the
Achilles. The hbellant alleged that the brig was
drifting towards the Jersey shore, and in great
danger of being cut through by the ice, and that the
crew had been out provisions upwards OF
hours, and we've making preparations to leave the
vessel BY the testimony Of the master of the Acnil
les, the ice appeared to be very dangerous being in
the Roadway of the Achilles entirely, and to expose
her to great danger. The hbelant claimed to re-
cover fourth Of the value OF the ship and cargo
as proper salvage compensation. Held by the
court that this was salvage service of very great
merit; that on the evidence, it appeared that the
brig, if she had not been saved that day. would
have been either cut through by the ice, or driven
on shore and lost; that no other aeamtug in the
port but the Achilles could have rescued her, and
that steamboats, are entitled to high compensation
for services performed by them in saving vessels in
distress. 1t was therefore decreed, that the libel
liant recover the sum of 5000, as against the Ship
and the sum Of 81 1888, against the cargo, with
costs.
THEDANIsH SogND ToLLs-Among the State pa
pers to the light, is the reply of Secretary
Marcy to the resolution of inquiry introduced by Mr..
Walker, of New York, into the House some time
ago, which was yesterday duly transmitted to the
Speaker. Treating as it does of subject of great
importance TO those engaged in commerce with
Northern Europe, it is destined TO command great
attention especially it is already understood