New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1856-09-11
LAW INIELLIGENCE.
United STATES CIRCUIT CoURT-SEPr. iO-Beforo
Ind NJ
sr,vry's w,Grs-sERyASTs FOR HIRE.
IL Thnrna. RnlfnII-

The .hp Buen. Vista agt. Thomas Bolton.
Appeal in Admiralty Sept. y, looo.-NELsoN, VI.
Bolton shipped port Of Caao in Peru as steward OF the
vessel on her voyage from tha' port 20 'ne P h 80,
ces Some months were ADVANCED ana the libel
filed the balance which would b. $50 at the agreed
The defense set that Bolton misrePreented his fitness
and qualifications steward and also that he was unia.hiu
snd grossly uateniye 20 hi. duties board the vessel during
the The proofs in the case are all one way e'tb
shins incompetence and unsktuess a. steward oil
vessel and also wfu negligence and naenon 70 his duties
repeated warnings and adnonions by the ohces oil 'ne
The answer given this evidence is that the master under
stated should have discharged the hb~t ana tnat,
nasmuch he was continned IN employment as c"a iot me
voyage according 10 the agreement and uhii It's efha'o
defense is unavailable We agree that u 1t had Os. SHOWN
in the that the master AFTER having Il'co'e III ,
for the duties for which he was shppr ad
opportunity to discharge him from t9e vessel or o te
condition of his might have dsated % ana pu. ao.nr
in his place would b. unreasonable II not unjust 70 per
defense of this description But there ne suen es,
dence before In the of shore duty, or duty
upon cossng vessels should be strongly disinelned
period Of employment had been worked But voy
different There may be no opportunity 20 dis,
charge the from the ship the complement OF hands
not be such as 10 dispense with the unless suos
cumances which he could be ashore he must be
supported the remainder of the voyage IN all SUCH ana ke
position wf esigence OF the ~aman would seem TO BE-
TO permit the defense set up here namely an abatement OIL
board stewards sbeboded seanen responsible
,G s aS for an f homes. and faithful discharge Of them
There difference in this respect between the condition OF
are ndugcn in the of seanens contracts from
their dependent condition. and we would no.
nih,y s II be ne eIe. '''
he learned Judge Ingerso who decided this thought
should discharged the beani and that the De-
not available after his ID sersee an,i
am unable to concur in thsi opinion ,
MORTGAGE ALLOWED TO DEFEND-SEwfoRK LEM
LAW.
Appeal il Admiralty, Sept 9, s56-Abert Van Wrinkle ast
H The steamboat Jenny Lind.
NELSON c. 1.-THE libel was filed in this case to re-
running account OF stores furnished the Jenny Lind
con mencng the 18th Of April 1854 and ending on the 18th
of October following amounting III the aggregate to the sum OF
al56 n. s.,, ,
ON application allowed to in and defend,
and obtained discharge OF her from the attachment on giving
The default in payment of the instruments due the
mortgage the right This happened the day after
the Lowing attachment under the libel and 1t has been
urged the claimant had present right to the possession
Al the tms the seized he improperly allowed to
come and defend The position cannot be maintained
pty interested the matters OF the litigation,
after Institution OF the suit may be admitted to come III and
protect his made within time.
and il would very unjust beside yexaous
litigation the rule otherwise The party would hece'a
rily b. driven a cross-suit
IL wa also urged that mortgage had such interest
n oad be in case where the rsh 70 the
exist material determine. In this case the right OF
possession existed and not only the vessel was reduced 70
actual and the mortgage had night TO hod o
the satisfaction Of his debt.
ha, o been urged that assuming the MORTGAGE nad tne
right in and defend for the purpose OF protecting Ms
interest. still the hbesnt bid shown valid lien upon the YES
sell which the Court should enforce. ,
The Jenny Lind domestic vessel, and lien for the
stores depends upon the local law
The Of NewioTk Giving the lien provides that, II the
vessel shall depart from the which she was when he
contracted other port within the STATE the
shall b. lien at the expiration OF twelve days
after the day Of such departure. During the period wtnn
which this che Jenny Lind engaged ia e
daily transportation Of and freight from TINS port 70
Havrssw touching a. Sing Sing and Tarrytown Yves
County We have repeatedly held that to TINS extent
parures within the meaning OF the statute and the
twelve days elapsed before libel filed the lien ceased
We think the decree below, Diminishing the libel was night
and should be affirmed