The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-01-07
Dcclsa0n In Admiralty.
UNITED STATES DISTRICT COURT.
Before Hon. Judge Belts.


NEUTRALITY-SUSPICIOUS. DEBr-PowsR or MAsrR-RArInoA-
uoH DIVINE
JAN. 6.-John Gardner d al us The Bark White SqUaU
The bark Viii Squal, commanded By e. J. Harding,
master, sailed from New York for Fan Francisco the
l7h Of February 1885, and the 2th OF March there
after put into Rio Janeiro in stress for repairs The
master consigned the ship 70 Graham, Brothers Co.
Endeavor we're then made 10 obtain money by botomry
sufficient 10 make the repairs and outfit necessary 10 ens-
BILE the ship prosecute her voyage 10 San Francisco
The surveyors of the ship Estimated amount necessary
at e. SEQ eterlipg but 40 loan could be obtained
less pre- MUM than 10 cen The wrote to the
owners Tor directions from them and the under
None bad been received on the LIST of July In the mean
time the vessel having been made nearly ready SEA-
call, by notice through the papers, was again
made for offer OF q loan on Dottomry to cor tnue
the voyage 10 San Francisco to be addressed to the
CoDsul's Office No oher beng given, the master
then advertised for such loan bring the vessel with
her cargo back 70 York but obtained for
voyage either The master had sold part OF the ships
cargo and applied Tire proceeds towards the REPAIRS
entered into contract Of charter ior the vessel when
Mr. Lang came 10 Rio as agent OF the owners, aad
the debts contracted Tor the repairs Soon after Lsngs
arrival Harding left the ship master Burke her
first mate was on the st OF October appointed oy Lang
master In his place he executed the bottomry bond
the 9th December, 1850. The vessel bad ready
for for about five monbs. Burke executed the
bond under the direction OF Lang without any
knowledge OF neo, ssities OF the vessel but be-
he told that Lang must have more Money.
Upon tho fao.s In proof the uaser had no authority
IN Law 10 give the boitomry hypotneca,on in lss.
ton. TIE debts ell accrued from separate credits
given the master Of the vessel or her consgnees, by
mechanics, mstorial men aud others AID were entire
y Incurred q very considerable period before the
treaty for tbis ny pothecati0n was foot with the
bottonry lender These facts notorious. II was
II ereore well understood tina. the loan made TO
tngush sneceden debts not contracted under any assn
rance or expectation OF bOomry security and not
made to the creditors then serves but TO others
bought in the debts in effect aba,e nent Of 33
cent from the amount The master could not bind the
ship her cargo and freigo to the satisfaction Of such
debts. e Peters, the Virgin: Wheat 96, the Angra;
Abbott, zoo mote / Peters, 3S5) But although the
bond signed by The master, yet he acted in the mat
ter under the direction OF the agent OF the owners and
bis own Judgment and discretion This agent was
sent to Rio by the with funds for the OF the
vessel and. must be i'm Piled with general powers
act Tor the owners In respect to the ship He displaced
the orgipa master and bstued boiher He called In
the bills Of the ship had them all adjusted,
rized composition with the creditors. He then
ranged with the consgnee OF the ship for her hypo
the debts still Outstanding After the borro wing hypo-
thecatitn made. he had all the papers, includ-
ing the protest OF the master and crew the particular
bills and vouchers for oil the of the shp al Ro
with the potomry bond Rnsmit,ed TO the ow ners.
They laid these documents before the OF General
Average at New York, and obtained IRON m a compu-
tation and allowance OF their share Of the general
rage and claimed and received that share from the
derwrters. These fscu, In my Judgment import that
Lang possessed all the Of the 10 by pohecae
the vessel at least II such powers originally
to their af being fully advised OF his aud
the facts upon which he acted. (SIofy's Agency,
25e) The authority OF an o~ner TO bottomnR his ship,
at home or abroad without regard 10 her necessities,
seems longer question with the authorities (Aobott
1872 note !; ReSt sol, eth ed Flanders Maritime
law, rec. 2t3 The principal cannot be allowed to
himself from the unfsvorabe consequences fol-
lowing the doDgs OF his agent after taxing 10 himself the
benefits secured by them. (S,rongs Agency. sec $50
1885, 2tS The hpellants accordingly entitled TO q
decree IL their favor for the due enforcement OF the bond