New-York daily tribune., 1857-04-24
UNITED STATES DISTRICT COURT-Apnl S-Bs<Ses
Judge Belts.

CHARTER PaRTr-TIMBIR-rLE.p
Charles II. Hayward ss.. Quantity Of Timber, sc. -
This libel was fled by the owner of the brig A ".
wa the amount Of charter money on charter
the b eI'cu,ed ey the master ior voyage from .S
port the char.ersr osreens furnish full Of timber snd
M css. there and the other port the informed
that he could have the balance OF his cargo he would es
20 ON the brs dscnrd TO bousht this part cargo
10 th, port and claimed the full chsTtcrmoney. .
cdafs fa Of y hi. s' p IN the sa.s Of Bc.csr sat Bsh
cded in September 1883 th. irrshs,r violated his oonSs
and the ds Of the ship in condition fitted Tor being then
That the master is competent witness unless Ia proved In
has interest the than that OF charteer tie savo
That the u CARO- ,pula,ed supplied at Cambridge
that the chaercr the privilege Of landing Psee
such landing place to the master and that suaoent tbs
That il the case is DECIDED upon III. issue shaped By
peadnss the claimant fails 70 that be- produced HE tn
constitute performance OF his contract and the beant would
accordingly be justified in returning TO his home port and ds
msndng damages consequent upon the breach d the cha~
the claimant is stopped BY the pe:do,c iGa DENYING
the bean establishes his night TO freight tor full csfso
CSS tor T. h G@%s psB BerS D.sn sSsns sSd Dsuc
for claimant, Mes.rs. PIatt Gerard and Buckley.
Towing CosTRACr-SgGLIGES0E.
Charles A. Heckschsr agt. The stesmboat Boston.
The libel filed in this by the owner OF the
cane. boat Union settn, that in December 1874 the Ph.
Boston .ased 10 tow the Union with bsr cargo Of cod from
Phsde Bord.ntown and from New Bun,~ick New
wick but by cssesness aud negligence she unt On ths
way and tho San claimed to 800 fsr the value
BY the Court-The undertaking sued upon this case
TO tow the cam. boat from New Brun.wt 60 New.
Yors being qualified with notice to tho .sen. Of the bei.nt
but only his risk and that Of her owner' wn st the close
st stnayation and hen the river ws :..y %psa.a rn ss
Tn. grounding Of the steamboat on her passage down
period the year aud not chsrebe to want OF si eui
psbe officers and n ths steamboat Nor
va. the loss and her owing to the fault d
the tug her maer is properly .ttbstssls In de-
agent the belan in charge of the canal boss st tho
The case hinges upon questions Of fact The evdencei. m
aous aud way in harmony on several point: but 70 my
In the occurrence and the libel accordingly be- dmied
with costs For ibesn Me.'rs Butler, Evsrs and South
nsyd for claimants Messrs. BENEDICT Burr snTBenedict
FEITCRE-EyIDEsck-sgw TRIAL.
The United States ,l Quantity Of Embroidered col'sr
Thr was libel filed to forfeit the goods, seized on
land under Section Go Of the Revenue act Of March s
The pleaded tho seners issue and u. c.sss ". ts
Of the United s,ate and against property su the
on ae made on the around that the verde, un.aso,
ed BY the eydrnce and slanst the ehs.e q the Cos
must prove that they were the manpsturs fosssa
county and imported aud landed in The United y.e
without payment of duties The claimant Edward Lane
purchased The rood. sr thrr seizure sud with notice ths
they csrred With hens smul,lsd When .si,,d th.y
hs that the time OF sesrurv
which might well be Understood u b
clear admissions that be the owner Of the goods ana that
they had been srnugsrd. 49,,
d bv he Court That the verdict no, without evi
support H. There direct and po.ih'e proc
that the goods fosn nufred bot the evidence wN
warranted verdict the Jury believed thst the owp~n
ndd aeknoedss that they had been brought iu eandes
,n,Iv from abroad and had not paid duties
That Lane hsvng taken h rsht ster tho seizure and v
m notice their condition. holds them subject 10 the iess
l.bilte. they ksd incurred In the hands Of Ross
whether IN, evidence supported the charges and that t4
r-s-op. shown for disturbing their verdict
Mton for denied and Judgment ordered IL ver'
dict For the United States Mr. Mckeos for clAifssnsS
Mrsrs Beeb~ Desn and Donohue.
cosTs-wITyHss YEEs MUST BE PAID
J. A. and J. D. Secor at The Stesmbos; HishisncN a..
This was an appeal from taxation Of css1
Clerk allowing Item Of clio witnesses ises
besnts appeared that the vitnesses we're ~ II
ne...s they continued to ecsys oas svdscne
- ..n xhs stt,ndius Court and this vss o' '"S '''
nj fees 20 soenA
H,I b. a. Govt That tbs hsst 20 a..
derived Wholly from The ssb.isuoa ofsa s<uiv'
That the law now .ins the sutton By witass = ~
dent deot or s3u Tie suifcr acquires tee nes "
ment OF bis Tee, ss opiy the fart q hn ssv
aJud,ment ,o ~ money Tie taxing ohcer 10 ne
~ ,l 40 .resn the :... .s ~ ~ sss
drslnss remains es5s'e " Wv
the .. eisincud ssd ts1stion oyesrued yer ss1as
Ape 1a-nedict. Bun L Benedict sor sSpsnes' ~ no
srpxymE COURT-ssxeIAL Trss-A'"l S-s~
sIf" judge hireskLA
TEy YuPrRx cfTr BANK
81. .U