The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-05-30
United etates Circuit court.
APPEAL. IN ADMIRALTY.

MAY 2S-John Jones and Others Cargo dc Of the
Ship Richmond, Post d Sherry, and N. d G. Ho,elL,
Cloimons elson J-Ths libel fled in the Court
below the value proceeds Of several hun
dred barr ola of whale and sperm OIL and large guam
tity of whalebons. The ship Richmond, whaling
sci from Cold Spring, Long Island engaged in the whale
fisheries in the North Pacific ocean, among other Ams
rcau vessels in the OF 1s49 in the pursuit Of
whales penetrated Behring's Straits, and passed into
the Arctic seas and after being nearly filed having be-
tween and four thousand barrels OF oil board
and corresponding quantity Of bone, and about pre-
pairing home, she ran, in dease fog, upon
reef rocks upon the Asiatc coast from which the
hands were unable to extricate her. and where she
blgec, and became fast to the rocks The officers and
fed to the shore in The boats carrying with them
the necessary provisions and means OF shelter. The
habited except by savages but who were
fnencly, and assisted them IN their distress The
ship abandoned as wreck, and this crew re-
NAMED waiting only for an opportunity to be
sells that we're still engaged 10 taking whales in
the Straits. This was on the second OF August le4S
The first weasel that appeared in sight the Eliza
beth FIRTH OF Sag Habor belonging TO Post and Sherry
ana other claimants in this Another the
Panama OF tie place, belonging TO N. G. Ho veil
ana others also claimants third Junior. The
captain OF the Richmond posed to the masters of
oil hone out Of his vessel which still lying upon
the rocks that they might start mediaey their
home voyage, and take with them his crew. This was
objected by the master of the Elizabeth Firth sug
gespg at the time that the captain had right
to give away tie oil and proposed that the oil and bone
should lie put up sale at auction and be struck of
10 the highest bidders This agreed by the cap
tain and OF the sale posted in the several
ships accordingly fer the next day. was arranged
bet the three masters of the Ez sbeth FIRTH the
Panama and the Junior, previous to the SAILS that the
Of the Firth should have the 6rss bid upon the
oil a. dollar per barrel for such quaint ity
necessary fill his ship and the other should each
bid seventy five cents per barrel for sucn quantity
Tine RcSmens ssd sspeea ,hst Of The oil
should include corresponding proportion OF whaebone,
which proportion appears to be- well understood among
the MASTER of the Elizabeth Firth bid dollar per
barrel and took out Of the ship 600 barrels OF
oil and with it about 5000 pounds Of whalebone and
the master OF bid rs cents per BARREL and
about the quantity OF oil and some 700
OF bone Tee o. 81 s, ah no
bio barrel and took about 900 barrels OF
OIL the quantity of whaebone not stated, nor is 1t ms
terial portion OF the oil and bone Is not
troveisy this suit The 200 barrels of oil and
poupcs Of whaebone in controversy heref that the
quantity received by the b. FIRTH and brought
at the sale the sum OF 81 200. 1t is claimed by the
beants that after It's arrival in the market of New
arising of the facts is whether not the
sale by the master, uni Ter the circumstances stated
passed valid title the property to the pur ;hasers
II IL dill not, then The title ia the origin
ers subject 70 lien for proper compensation BY way
Of avsg1 the respondents for rendered IN
saving the properly. The late Judge Judson, before
whom the Gaze was heard in the District Court held the
sale tie valid and decreed in favor Of the respondents
The power of the mater TO sell the cargo under the
ed The ship was liable, upon the happening OF the nrst
storm to go pieces upon the ROCKS. and the cargo
10 the bottom OF the But then In orier to justify
safe OF vessel Ia Distress there must be
stne market in VIII oh the articles may be sold-soms
place here there demand them, where there
70 at esst some reasonable chance for competition
among the purchasers. sale upon desolate coast
where thu re market and demand, except that of
the ssyor pretent, would be- IN elect, but liking be
tween him and the master the amount OF salvage IL
would tie = sale altogether at the mercy OF the pur
chaser. 1t may be sad that the sm III amou NJ OBJ
tafr fha ia in Ia eaN
ter interest Of the owner than to have ab.n
the property altogether In its then desperate con.
dton. But argument would go to justify sale TO
the savor every insan, Of property Impending
perous coscition The law wisely forbds these con-
tracts ming the rights Of The and the genera
interests better promoted by requiring the
SAVING trust for compensation 10 salvage ser
be allowed by the COURT. This mode OF compen
saioa IS been found furnish sufficient encourage
for making all proper and reasonable exertons and
sacrifices the property, while az the same tins
guards the against any undue advantage be-
ing taken OF its necessitous condition We in
chned 10 think as at present advised, that sale
| by the master OF cargo in distress, and even
conesseoly, in of extreme necessity, to be jus
fed must teen made at place where there was
some market, demand for the article, at least,
under circumstances where there chance for
competition in the purchase Without this state OF things
seems 10 Ie to be better TO leave to be saved IL ut
AL by ths exertions Of the masters ami the
sell or by the sale, or for salvage compensation
without market without odd era IN the sense of
auction sales, if IT could be made at all would of pecss
sty be in most cases matter Of form-ths price do
pending the will OF the
very little IL anything different from sale to the saiyar
himself But independently Of the general yIew OF the
| circums.sEe', Cannot be upheld 1t was matter in