New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1858-05-05

-, .,,rs.,d 10 S.s.Js o. fioe spech-s-ior
" 1s &. d :n s"' of, S.ed q. claus Of .p.n,. IA:
never been upder,ood empoedin technical or Is.ce:
1890. 49,. oSshc.5n Tbe.e m9nP. zen sv. e.pe,
800 bs shores nisn] Wherever 7esse rnay
ICED tepaifs ssp.s aud the word port would Ls,ai
he eohd section OF The Lien law Of the s FIXES ne
county within which The lien il cesi1 the place wh-,e f-
When be vessel leaves such county ,he departs from ne pr,
pvsse accrued % hers and the sane where Der
into port In the County Of Ne~-Yor< OF 70 Sne IN Ken
Th.. the Hbssnt no, bsvDr hi, specification within .sn
days ssr he dep4rre Of 'he vessel from po his riga; O.
ston was tanrsd in this case
Libel disnssed with ooss
For Heisn Me.s Beebe Dean and Dorohae; for carDs :,
NJ Benediet and Mr. MsG1vsa.
BoTTOMRY BOSD-LACHEs-RIGHT or SHERIFF TO ~
TERyESE.
Joseph Eness AT. the schooner Charlotte Minerva
Thi was libel filed % recover the amount OF Dot
tommy bond executed on June "a 10 BY the maer and ensf
d The British schooner Charlotte Minerva 20 secure 'sn Of
rer ain az lien AID E.,omy upon vessel the premium
Eve Per cent lawful the voyage The condition Of
before the expiration Of days after the rvs Of the vessel a:
Hsibor leland Bahamas. She arrived there on jay lsoo
PbaGepha The NewYort sbou the midee Of
bs 81 New Vol upe.r An At .sbment sssn her owner
On sept Is the M this fled and the Marshal seized
tie shea and he vessel wss sold by this Court is
pocesds being less than the smount Of the beouny debt Jadg
Issued The Sheriff interviewed IN this son, claiming that the
Of he vessel bound BY the judgment and execution
Of Court and should BE- applied fret 10 satisfy it,
He'd bv the Coy-Thst the Sben competent party to H.
tevere in upon his official interest Possession 10
respect the vessel and claim the proceeds In the regy
The Couf: (The PsDsma, Ocot.'s Rep, sis.)
Tss the bond though anomalous and 10 It's professions
snbtsnce stues maritime by pothecton Of the yes
for particular voyage al specific period beyond ,s tel
the money loaned has teen put In sk under the
coDtr,c..
That this lien TO and sUpersedes the attachment Of
Tbs, the rnedy this Nigh. be los: for want Of def
iDn and certainty in the bond BY aches OF the bottoJ
creditor.
That bottony equally valid when m.de the lapse
OF definite period Of time the expiration Of specific
voyage.
That The need be for the necessaes of the vessel
cargo When the bonds made by the owner he
employ the his discretion and pledge the ship for ts
security the lender retaining his hen 90 long az the ship bears the
risk.
Tha, there aches n the delay Of few weeks after the
beabts sht Of action mstured which impair his
edy Nor does the prior attachment Of junior lien creditor sa-
decree for belsnt for with the marine
Avg l and interest per cent from that date, AID
costs.
For libeant Mems Benedict, Burr and Benedict For the
Sheriff, Mesrs Lsrocque and Barlow.
OBSERVATION-DISCLOSURES CONTRACT.
Rafael II. Torices agt. The Ship Winged Racer.
This was an action 10 recover damages against tue
tp perform Of charter from this 10 China
transportation Of coolies Havana The libel alleged the
have since wholly refused 10 perform H. aud prayed damages to
the snOuD: Of &,95
The owners excepted 10 the libel
Held L1 the Couyt-That the agreement SCI
entered into land aud common ed
be performed and therefore >es not within
The Jurisdiction Of the Court
Decree for exceptant with leave to the beant amend
bis libel, within twenty days, on payment Of costs.
For b.an Messs McCDlloch and Ragway For claimants
Neurs. SOughtoL and Harrington and Judge Beebe.