New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1856-03-07

presumption L.ve
Also "a ne had he wind ree, va e ,,.1onssr -
iapt o;e A. Of The snip unless prevented BY 'Ho "
ie "a. - .s. Dat the sarl rrop. .
.yeid the eoion and doe. not ss't s Of the Csc hs
mp h no sbs q bad been e''abhed and or
srsa the ss q ss I'D SSsT. ss The Bslk Colombo
The master Of the bark signed bIl OF ading Tor a
% he hssi.s;s dasns cargo =. t par: oee sa,a Of
r. claimants defend the action brought % recover taose 1u
-. on the gOu that there proof the g ag ~ss 9Wls
ass scinowIedas the been in good order when
sApped charge the loss on the vessel ansss TIE
S.s.s pot responsible Decree reference
Jo,eph Bounty sEt Patnck KERN
The Hbelant with the aid Of q seOp an several
mon raised for defendant the boiler add hinery Of
wetea sss, He claims ss' sss,S to- Sc sr Gy
noaIuDs s2ls 0-snd the evidence The later sum
cs.Ss 70 r as sonsdsISs i one Of
The Ie.PoRdsn' prove: b. 5 agent taa h1 mae so Of
SIS This dscredited nor IVES hefe e'e'e
ESeree vas osed By TIE respondent that be had dps
sesssd hbeaIt Of the machinery ser ~ was
fsevin, and bad rendered him IN 'Pseis 30 '''''' ~
%s@ TIA, l.nps recovery be limited on the test,
- a. tbs The repevin action did affect tie merits
n az suit and tender proved rot having been maze
= Court, did bar Decree for The nesAn TOR 49,
WIN J.mss Berry at The Schooner Montezums-
The 6he seeks 10 recover $50 80, balance of wages
us him for service schooner from Feb to July s5
s Per mont. Se eT w5Gs ps waas1 to
The admits the rate Of wages and .eTyse On SGsIa
hfnsJ 2
rsTy uP the amount canned at @ ~ on wnes II
claims payments TO ISL g. leaving balance Of 20 ~ to
which tender with l s. costs was made 70 the belant and
HsG that the bslsnt proved sstsfecoIy that be entered
entitled use admission Of the ,1sth continued
with The July without being bound By the assertion
of the answer his service did not begin TIL Feb g. The
two faes independent Of each othsr and the Of the
vessel entitled to have his admission Of oqe qualify
make evidence bis assertion Of the other The claimant fails
prove the credits he sets up and the eesn, entitled to
but ordered that he may have asked for reference
Soof. payments. The being his .one it
iss., b a e. s1gsn.s s.snSeS ,M.boo for claimant
Peter Butler ag. The Steamboat Liberty.
Exceptions were taken on the part OF the vessel TO
wright for repairs and alterations put BY him on the steamer
perfectly done might tho evidence of the
nous witnesses consider the fact doubtful whether the ibsant
But the claimant .uPe,Gteqded tho WORK Per,onay and
doubts the inspection by the Court Of the evidence
alone. and the INDICTMENT Of the ~
personally should have weight against such doubts Under
these views Of the the conclusion of the Conmone
Ike exceptions are overued and the report ordered con-
"'"'' WIN Michael Collins sgt the .loop Liberty
The libelant in this case demands wages at 81 per
on the vessel from April Is to September Ia but be wholly
falls in the attempt to prove any balance due for that service
he uncertain period Of time board the sOOp ser
Thi. could scarcely be ranked maritime service ii
dered for hire and in any way would be eosnzsbe by this
and Sessions act March p 7i and the could
% $50 There evidence that such debt If owing
The suit sustanabe this Court and the libel musbe
James C. Church agt. the schooner II. L. Scranton.
The hbeant claims recovery of payment of wages
made by him cook hired for the ship The evidence of
Sesss for his advance. %eas but may be regarded pdms
fsee sufficient to put the owner or master on defense The
In that capacity after having been paid 25 advance by
~ .., ov q, mn vpy be denand m the all
that the cook did not perform the voyage he was shipped for
His continuance board after being placed there by the
shppg broker the risk Of the ship aud she equitaby
and legally chgeSble for the advance BY accepting him
Ordered decree for belsnt for s25, with from
John H. hsrSeca and other; ss the ship FIsnc' Palmer
The important questions involved in this relate
20 the Jurisdiction OF the Court the debt maritime lien
for the collection against ships vessels e s.
as acc Lss 7 81 bs SEES, SSs1 Contract and fact. in D, il
That the beans who agnees of the builder of the ship
have higher privileges of lien than were possessed by their
That the contract of PerDe with the claimants
furnish labor and msea 70 their vessel but 70 build for them
his own expense the ship be paid for progressively the
building proceeded and each part paid for to become the
That Perne aid not stand in the relation Of mechanic
material man in giving credit to the claimant for his services
shp BY step and parcel by parcel so fast as he built and
10 be- paid miscellaneous the periods blidin
This being doaese vessel the lien up cannot be
forced Court II II be under the maritime unless
il be also made under the State statute.
That creates lien in behalf of the venier
vessel for the consideration money purchase price
The debt protected by the act must have been by
ssS then owner Of the ship hi: master or agent contract;
win be regarded BY the Courts sonsitatns
pleted according to the contract:
That independent Of these considerations the
them and inconsistent with the claim Of maritime lien
the vessel the law en coucomtsnt upon possession
ship being the only compatible with the agreement
between the parteG
Under these views the case this libel to enforce maritime
Lien cannot be maintained.
William Thiving Ast Charles C. Duncan and others.
The ship Tartan, owned by the hbeant, was char
tered the Sd Of April 1884 to the respondents freight
cargo sugars from Havana market In Europe
IN hs Charter party The vessel to proceed from Proy
dence Havana direct aud to sail before 18th ins
The ship laden by pilot from her dock
am esS and had her @ o % ., ana S I USs
In the afternoon the but did not make s until
70 havsns and there offered the respondents fulfill
charter
alleging abe hsd not fulfilled her charter in falling to sail from
Providence ON the 18th Of April.
charter party that the .hP sail the 18th warranty
the ship. ''''F'
ehsrscter be condition precedent which II not literally full
allied BY the ship. will the hreI from his obg
Thai the reservation Of ad asd lssater from
the positive terms Of the prevents rs oer.tpT
absolute warranty, aud leaves open reasonable con.
Thai the representation of the licensed pO In charge Of the
shp the 18th the master that then
state Of the weather TO sempt to proceed to with the
In Court be The Judgment was reasonable
for the con,der the of
Yer party applying and TO excuse him from making sail that
That of wind having prevailed during
the whole forenoon and the weather continuing broken and
unsettled IN the afternoon when the hp wholly ready