New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1856-12-23


OF the year Such Calendar will be continued the succeed
ing Term. until the causes therein are disposed Of
RICHARD D. Connolly Clerk
UNITED STATES DISTRICT CoURr-Dsc. 2a-Befsrs
Judge IsGEssoLL.
PRACTICE IN ADMIRALTY.
The Court may order the delivery Of the property
after decree though such property may have been
discharged from custody on stipulation which the
stipuatofs are willing and ready to perform and the
title of Il property have been transferred to third
John Henderson ct al. sgt. The Steamship Union.
INGERsoLL, J.-Where collision takes place Do.
tween two vessels navigating on the high seas and
one Of the ves els Yves guilty Of fsut which produced
the collision and the other was free from fauls, the
owners Of tho vessel that was flee from faul have
lien upon the weasel that at S"s ., ss %c r ,h
can in an Admiralty Court enforce such lien Aud ihe trans
Of such :: n s b to ts oo wi" h0'
third Fseu:y 10 The wear ISL on the .j high
the hbe!snts, and the steamship Caon; by which tas
d hs Charles E sustained sai By Ss collision
libel in this court s9o ba toe The IN LIB LIBEL w d 1s
Sd day Of February A. D. 1854 immediately thereafter pro.
s NV M.I.bs .ion into the custody Of the court order
that ,he might be held to respond 10 the damss whcn
might be awarded the belsns aud satisfy such lien az
might b. created her In favor Of the bolsns in cone
Paul s ford Tnoms. eston and certain other indivdn,
appeared claim the Union .esns tbs. iasy were ne only
OF the 'tesmer and they claimed ,h. 'hs 'nous Ie &
said spotoId Tc.,On the cam.nt. without surety
CHARGED the custody Of the Marshal aud went from le
owner. Of her sub,equeut this and before the a OF the
case The amended he libel alleging that the damage
tial Of the cause had before this Court the month OF
April A. d. las when it adjgdssd aud deeTeed that ne
belsn,s by the collision complained Of and was referred 10
oS 70 fg0T5 ss so nj to whom the
case referred HAWKS before then made ai' report n
.Ss he Of s. On ssosPon. taiso
accepted and ii decreed By This Court
sstle &c The sum reported BY the damages
together with interest and their COSTS ana 'nat the 'u
~ that decrce was determined BY the Court that the lien
In the lbesn against the steamer a. eaea y nen
20 pay the damage which the bclants had sustained
" he Sco and upon more careful
" BY them At ssoco and was Determined 'n., ne
the dsmsses they had sustained fouSd By the Court
be- ~S aas aud holden 10 safety tie which existed
The stipulation entered into BY Sponofd teou $50
discharge OF the tn custody q the Marshal
TO ,t.y decree passed against the vessel aud
being OF much less srounf 'han the yAae OF ,h hr
gone into the and custody oftse c,msn, Then ,s
md custody Of the hs,a "a S.s he Len
aud decree the Court founded thereon may Dc
~ ,;v he sseree ponouuced against her that they the
claimants pay the value Of the ship INTO Cou 81 or
,be y,lue thereof will sufficient 20 satisfy me aecIee %
th. such other may be made in the premises may W
Ju.t. , ,., IT. ....o,. univ 1, Ia resisted
act fork in the affidavit Of M esou ore OF The eAn-ns
ana ore Of siPula;ors which has been by "a;
CouT-snd the question - do the .boald not pre-.
dsvit shord good e.ouud Why me b rh,u the Mar
vAli that affidavit, Nj Tieston say: Ih - xs.i,
sh ceased to exercise any control over n .r Of .se
the possession of the claimants vino were w
ship that she continued In the possession OF @ ~ 800. "a
about the middle Of March 1855, when sne susu o
be delivered suop.1 n on or SaSt the
18th day April. 1855 That since sncn -
sne. bn 70 H. Ui,sd state. That OF the claim
ants have interest N rae .nip' .s5' ~ ber ,ae
of procuring her arrest tnai tse Psi h the ecep
Won OF Wit was NECESSARY 10 indemnify the suPaois w
TIE stipulation entered into BY them WIZ "a. r. h..nca
a. ,xi,nee. on IA. mt Of claimant and t1., lae
claimants have now proof to sa1" % These are the req
sons used the motion should not ~, the Union
II Il CHARGED In the .idsyits Of the bei.nts va '
worth CO. This enAIss hdr.y from the Gus
,oJ, Of tie N.rshal either upon shPaiauon' -
Marshal according provision, OF we &C. Of Idnir.ty
entered into according 70 the proceeding IN
~, n,o|edss ,ssn.s me persons OF the spaia1's III
TO be proceeding N t. rsch
L . e., 49, -u.Pody OF Marshal Such ais;,srss
does any night OF lien 20 tn By suca dis
h No ,;.h oS Gn a terminated The rsh Of eoa'rc.
the Court the property ssrre Il eIists .er
right q lien existed Seors .er such ai.ch.e
liz Court 10 pronourcipz is decree -; 80 far, IN
thing itself and condemns that 20 The obec, of,he tip
49,, no, 10 $1,000 the Is oeest 70 u''s
the property from the curooy =, lonx A. II remains
the essoey ~ ,ns net tie claimed mas esal and
valid existence. And xheo h,ns ib-ea ,lthoaxh tbs
decree pronounced .ssns i,om IS. Msrshl upon .7u
s,sn. No d-srr- c,clS Be poossnesd ssHs .J >, ~
As ns Of =, - s. sss 's e ..
"se a., 80 49, Sssp, ne oss,t NJ 49, 49,!
a =, So s stavs = - assszss - ass