The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-11-18
United States District Court.
before Hon. JUDGE Belts.


before Hon Judge Belts.
Nov 13--Edward Love-ay tried for endesvor 10
make 4 revolt on board the ship Constantine and &c
quilted, Thos owens tried charge Of stealing
pistol from the same vessel, and was acquitted.
Before Judge Ingcrsol.
DECISIONS IN ADMIRALTY.
LII. MATERIAL nAs-IIkS NOT wAlykD by AGRI1ll2r
J. 4 and !. D. S,or ~. tn Stap,loat Hi9hioaj,r.--
The libel in this filed for done
and maer,a furnished by the ibells ns to the steam
boat contract in writing made between the
~ the boat and the beiants on the "a Of Feoruary
1865 by which tine ib.iants agreed 10 build mud put
beard the steaboa, boiler, and do certain other work,
for which the owner agreed % pay 81 AGO a folows:
81 90 March !, 81 600 April 81 900 when tho
boiler put board and all the work completed and
the balance 10 note payable three months from the
Tleton 81 the work Tho boat to run between New
York and Albany. The work finished jane o, 1855.
The three cash men's made, bui the note for
81 400 never given Or rendered. some cxtfa work
Wa done 70 The boat the smnnnt ~ which was dis
puted and the agent 81 Tho lib.llsnh coming 70
cei1e payment d both claims, tns ewn'r offered 10
give note al three rn6nis for az 500 In satisfaction
n both. This was denied, sndihe libel was then filed.
The respondent caimed that the libeants by agreeing
to receive note NJ three months from the oomplstion Of
the work had waived the lien giscn them by the
law upon The boat for the 81 400 For tLsEe,t We,
mittcd that he would have lien. Held by the ciaf'
that II II be fairly inferred from the ~ puls lions Of
the contract hat the Uteaus meant 70 trust to the per
fons responribity a. the owner the contract l. nton.
rslent with the exercise Of lien and the waived
az How, 53 And II would also be waived If suun.
conditional credit were given for the payment extending
beyond the time tor which Hen Il given by thu state
law. q Peters, 32t. That the fair import of the lien
lew al This state H. that tie material shall have
lien for what the owner give him in pay for
bis work and ms.ria provided that which l. sgrc.d ~
be given y by the agreement 70 be gen bc,or. the ctp
ration 81 the time allowed by law for the lien eris,
That the owner q the Hgh,nder agreed 10 pay the Heel
liant by note nj three months, - he given the
work hnthcd and for the flhmeni Of ihai payment
the be liant bad lien. And u tho note Tor 81 30 AT
three monhr, bad been given tenders ed by tho
The lien would have ceased 10 that there would
have credit extending teyond the tine allowed by
the state Ia for the existence ~ the hen. Bat the
not having been given rendered the ibesnta stiii
baye lien upon the boat ~ well hf the balance upon
the contract or the extra work hcer.s Tor bellsns
with reference - ascertain the amount For bboIlants
hr McMshon For claimants Mc-srs y nedis' Scgvlle
A Benedict.
oouisoS o. xvfa-rooK srfAsaous--
s4uISD
WitNn y. Heef 7he 1eGnton Mr. HivH The
libel ia this filed by the - tic alcop
George b. Dallas, 70 the damages Occssoned II
her by collis' with barge tored ~ steamboat
which happened about II O'Clock the night of Nay u
1855 little below Iiermon' ~ tie NORTH r,er me
night daik and cloudy that sailing vessels could
but imterfeey be discovered AZ the distance ~ hall
three quarters q mile The vino va asoui Z. =
The river there u about tw0 miles vide, and ps confs.
nearly north and south. The roop bound 10 Brook
Ign with cargo n brick, betting about seventy Ave ions
burthen. usnnel by a captain. two deck hands and
cook aud NJ the time n the collision her iub ard
tack her sheets icing on lev points IN" steamer
bound from Sou York t. fiermont having barge
her s,a fbnata tse and tvo On her larS4ard slas The
outer ~ which struck the slOop her arboard
quarter about twelve isc from her stern from tho effects
81 which the shop Al the time II the collision the
plot ~ the steamboat at the wheel ~ he pii1f
house about 20 feet rom Tho stern. The captain
With him am deck hand The captain saw ths sioop
wien ne hf' move IN sRha ~ W. sAinoafa b9s bnf
tnrnsf away ana rAr ~ H"is ~ hef unu ghst te~f'
the collision rher fensfs - ~. eliot -hen D. fnng
The belle T. toF, .tp and baet eainl hs attention e.
her 90 vel - INV ~ nc HsfA iAnI - "nf 49,
tAuonst Wl ,s ~ 49, s'En -"
- ,,e- -. v,4ng :, ~. 80 =, -.
- .i.b. ME. - Eeur AnA RAJ hsr xt,. ue
Those he sloop Orr Nv DC ''es'nsf asou mile -
i',lf ana ~ ~ ~, ~, W. ~ -, -
r,u,.e -, MI vih Their on and wssi4 hals sIe.1
nne.s ~ rhangsS hsf direction Ihn top hega "a On
III vi,iln ~ 10 10 yaris and tlsn abffehsn4nz Ian
gsr tsrt away litls anA tho RIO, y ihe s,easss.,
tisp rnng ~ Ess AHA hotc III ~he~t LARD f, Nhen
viiln about niriy - o. The sog boss away bat