The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-01-06

nPoRTxnsT DECISIONS IN ADMIRALTY
Fyedz i Schuchdr 0ndEredeick G. Gerhard CO The ffo-
oeds Of ne ,p Anoelqpe-The libel ants sold the ship
AnRque Nay 1858, and, In part payment OF the pur
chase money took from the purchaser hts prsmisaory
note for 600, payable In six months, with mortgage
Of the same date the noiey Of the ship secure
the payment Of the note The purchaser put tbs ship
for materials and supplies furnished in this port and
also to seamsn engaged for the voyage to sghsrs
cargo dsn on and to passengers ~ho had engaged
pasaage on board her and made advances Of money
payment thereof On the 10th of July, 1852 libel
fled against the ship, maritime contract for labor
attachmsat Issued and the cause to decree
in favor Of the Hbsants condemnaton Of the ship
10 satisfy the demand and costs upon which execution
issued. Numerous other actions were almost stimuli
taneously prosecuted against the hp, Of which
were carried forward to anal DEGREES and TO execution
and others suspended the fact OF the sale the
vessel On the 3lst Of August the Marshal OF this ais
hct under the Grst mentioned execution due course
Of e0o the highest bid therefor and Paid the pro-
ceecs Of sale into court At the time OF the sse
fore the ship bid off, the hbesnts gave notice the
marshal OF their mortgage noumbrsnce that the ship
stD remained subject TO 1t. which notice also made
kncwp to the bidders ard purchaser at the ale After
that sale and before the note secured By the mortgage
became due the bslAnss institute ted this action aga INST
the proceeds Of sale In praying that the
half thereof be retained By the court to sstsy said pots
ard mortgage wnen the should become duo II then
unpaid. On the 10th OF November the note was pro
for non msnt and upon the ground ths. the
In force-the suit brought for hsaring I'M me.
datey thereafter. variouB creditors interyosei th-r
neumbrsnes upon or right 70 any part Of in
oourt and demanding ment Of their and
according to their keal priority, OF the Other
creditors hsving ens and who had commenced actions
by Hing bels in this against the ship and had
sned ont attachments but had intsrvensa in this
cause, Others who had do no more than Ala bes
have tioned the court to be paid tus fund &C
oorcipg TO their legal rights. The Court held Firs-
Tat This court, proceeding on the instance aide In
actions BY material men, freightsrs, and passengers
against the ship, had no authority TO compel the
essss to submit their ortssss interest the order OF
the court, or to take satsfscticn therefor, even
Ut its full amount, much less TO order the dis
charge Of it, lien on the ship payment to this
mortgages Of lees than the mortgage debt. Sc.
selves their mortgages len or debt to the iuri.osioa
OF this sonr bnt on the contrary, appeared place
and time Of the Marhs sae and gave notes OF the sab
sfence OF their legal membranes and right against the
ship. Thht-Thas had such submission been made the
Court OF Admiralty power the creditors
or thar debts adequate TO ooercs the parties to avo
lunary rein lushmeut adjustment their rghts or
enabling 1t to hy scals ri sques between thsse hume
rous sutors proseurting distinct interests OF 10 com pel
any 81 them to foreeo their entire legal rights and
remsdies Fourthrhat hs Hb<ants estab ian no rirht
Of action against the fund la the res
with their debt and that hey not entitled arrest
them or JartAke In their distribution, ~ remnant or
prooesds OF tie ship which they held
bscauss the has displaced that
S ns sop sna oeosuss t1ess process are more than
ans they DO not therefore, continue In court nor are
At The dsposs of the rsmnsnts 20 that the
tween the owner of the ship and bis creditors Nth
courts Of Admiralty have net inherently the faculty
ss sxss pcw:rs or pro es.es 70 CON pei creditors
no more than an equitable charaets~ nor - ssosrs,
principle 10 act upoa parties interest not beoe II by
cours Of law the rmsdss approprsxs "a ,rt,oy
OF the court ncr others parties bsfors fSs soot IL
submit to n.r.haas q ssssts wthia he control
thereto on the same boDs with marms sss s, s
Or lesal tights Nxthrhat rsnsraI prtnsI.,s Ant
'eshss % nasisus privDsss siesss isseps lssvn.