The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-05-02

Of the Court - Commissioner. me examination was
asndso BY one Of he respondents p,oosor: but no did
jouyned. The respondents object 70 the deposition
the grounds that the Jurisdiction Of the officer TO take the
proof of the msieriality Of the evidence that
not proved that the deposition sealed by the Com
missioner nor that notice wss given 10 the respondents
or their attorneys that had been aed and that the Wit
Dess was incompetent for interest Held by the Court
That the objection to tho witness the ground Of inter-
Ssps have been oSvs.eS comes Il too .ss rh. the
deposition being taken before the Clerk aud retained by
him TO be fled and bearing the official mark Of having
been died on that day. spd the respondents proctor hAv
Ing known that Vas taken, aud the Clerks
table, there ia validity in the exception the reguia
rty OF practice In piscng the deposition le the
failure Of the hbeiiants give formal notice OF the fact
to the respondents only leaves open the latter 10 dis
prove bs regularity Of the proceedings in taking The
act OF Congress does not require the deposition 70 be
sealed up and directed 10 the Clerk in the Com
missioner delivers IL personally 10 that officer and the
Clerk being the Commas ionsr the statute il satisfied
by il. That on the evidence the packages were de.
vered here in the same general external appearance
they had when laden on board. except one cask on
which stave was broken The st0wage is proved to
have been unexceptonabIe; the cargo shipped in
the extreme heat OF summer: the voyage very no,
exposed to the the wharf, and many casks
rolled rapidly the length II the PIER and portion Of
Dr. ven fast into the city to warehouse That on these
facts the ship and discharged Of responsibility
for the full delivery oil the cargo the loss being ascrbabe
TO the Of the Cargo the Of the weather and
the n uct condition the packages to melted
lard In such case loss fails the shipper
the Decree therefore, for the bellants IN the first
csse for the whole amount OF the freight, and in the
second decree for the respondents Diminishing the
libel with costs.
ACKNOWLEDGEMENTS RrAGE OF COAL
John Gdughran Us. I6l Tons OF C0dL--This libel
TO feie upon the coal brought by the bsani
from Schuy Haven to tts port for 81 So per Tho
beant aes that he brought the coal this port and
carried TO the claimants place OF business, for which he
claims alton The claimant up paid
by him account Of the freight TO the of $780, de-
pies any indie btedness alleges tina. by delivery the
has his lien Held by the Court That the route
necessarily including waters lying between
states and waters subject 70 the ebb and flow Of tide the
locus within the dcton OF the Court Such actois
nave been sustained In this Court by its familiar practice
for years That beiapt DID not ioss his lien by
veTng the coal 10 the claimant In his coal land
but the bill OF adng Goes not undertake to deliver the
cargo in bulk at any spec &c place, will not be implied
that the owner was bound 20 transport aodwse across
the city OF 10 place OF deposit from the side OF le
thp; and there be al least doubt whether that
vice. II expressly contr sced fOT would come within the
protection Of the liep, in any form become .
grorna for a maritime act on and the Cur, win not allow
the lbeant 10 charges for cartpg the
from the vessel 20 me yArc Decree for oellant, with
reference to ASCERTAIN and the due after de-
Quoting previous pay ments but the price Of carriage may
be charged against advances made 10 the loellant,
clear proof is given by he that the carriage done
paid for vi the instance OF the def ndants.
sUPPIIfs--iIEN
Wiliam Minriesps The Bark Agnes This was libel
TO for certain timber furnished for the vessel TO
Frskne for building the vessel No direct evidence
given whether the timber furnished TO Erskine
directly to the vessel But enough evidence gwen
to raise presumption rat the ooant and Erskine dealt
in respect to the lumber the understanding that IL
supp led manly, IL no. wholly for The particular vessel
Held by the CoutThst this affords adequate ground for
lien In favor OF the vender 10 the value of the material
used in the vessel But deyolves upon the ibeliant
establish by clear evidence the quantity and value Of the
material procured for and in constructing this vessel
Decree for the nbeant With reference accordingly.
sALvAGE-DERvrICT
ctr Curtis e al - 4 Qu7rht1 i Wearing Apparel
THIS ..sel fcr ft -ege al sQty Of wearing ap
.sreI pctni up q q, co So. boxes ny the iibelAnts
&c INeteG IA .rcU ~. tto schooner 7 = Williams, in
,s .em5cr 1877. So l-e ~rpcsr' for gto1s, aud
.rlJ were fot pr ESQ -1o sCfc1rer sd cargo
FOfth iJo,l So lfO -tc Es'gEge was ns'e heavy
aeg 9. l13er rcrearlc rs's sui the part
0f no bel gY'0 erf gao hoover Heit by the Curt
iia' 20 elllH SIZE proved rhch -st frr Anow
sncc tf .YgEo r-.ce Ing ne cdnSry one in such cases
~ 'trlrl Ttatc - srufIfo Tcr ips lsa.s
thf DE- rrOfs Dfocr s So ,, nc COST arf charges "a
lL3 0D ~ tLf atCst ll ~ tre ralVi awarded DO
dn .ici .rt0 aelE.fs $50 eGafes and
master = 20 scotc,r, Ans a haf u each OF the
na,es, and the other n divi led equally be-
tween the cook and the 4, ~ aa@l-o.