New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1859-03-19
UNITED STATES DISTRICT COURT-MsIcL ls-Befcr
Judge BITS.
nPCISION IN ApNIp ATTY.

STATES tOUhI-hsICn lo.-be4cie
Judge Bits.
DECISION IN ADMIRALTY.
SLAVE rRADE-sEIzURE-cERTI OF PROBABLE
The United States ,st The brig Henry.
Motion in benal Of tho Collector tor a certificate OF
probable for ,ezg the vessel for being tnssed In e
slave trade Objection made by the cpmant. on the
ground that there manual srstof the vessel by drec
ton Of the CoctST nor any R5Sc'': exhibited ''no'
The Jucge held In addition to acts Of manifest control CT
the vessel 10 port By United States ocer under tue authority
Of the Collector written slip .ou Of the counsel ot
that the brig was under ac,uL ,eiIae ~ aeqoh Of
In charge had 10 his possession regularly Issued out Of
this This imports her seizae snd detention BY authority
the Collector for the seileTs. Mod9n sTsntse o,n,.
MI se6gwck for the Collectors Beobs Dean and oDop'hue
TSDTRvAIuArIoy OF suGAR-ADDITroStL Duties.
The United States sst. IL Pratt Mexican ct al.
This as au action to recover duties on an mpOrte-
tIon of ugsr from Manila in January 1856 The ,asa were
shipped rising maIte aud IN the invoice were valued az
price of the time Of shipment which the Governmsnt
claimed euties only the increased value
Ing to % but ~ per ,eSS % Az s7 90 The case
December 1857 and the Court ruled thst psnnd
duties which tbe plaintiff excepted and yefdc' was st,n
for plaintiff BY consent for the smaller sum oil s' o. SUB
Tb. JUDGE decided that the OF 20 per cent though
called Additional duties was strictly not tax levied upon
chsndise might probably be equally well called oe or
peuay imposed importation for not lawfully making up
hs invoice The Increase did therefore become change
upo the merchandise The LIABILITY Importer for saeh
peusy otherwise then ON az implied asump 20
the duties legally taxable On II must Dc saset
form statutory enActmenis which created and PROVIDE ihe
TIE OF ffaud misht PLAIN
tiff. against the defendant without i5r nal oo'ey
OF appointed tor ine toe COZ
Of the valuations made upon the invoice because d
rect fraud in tie importer supplies substantive o. for
without regard 10 the - per ceut under Vauon Inere
the OF the defendant the statute No
posf given Of the and Pphseme o. tn'
Importation directed the act OF Congress
There evidence therefore, authorizing verdict Tor the
plant the Of the sddosal due' and on that
branch Judgment must be gwen for the defendant
Judsusrt for plaintiff for the agreed amount 1870,
Mr. swet for United siAies hr CutOs for defend
ants.
DAMAGED wHEAT--CoAL OIL.
Nelson e. Nettleton sst. The Ship Fanny Fosdick
This was hoel filed TO recover against the ship Tor
falling to deliver port in good order go sacks Of wheat
.hPPsd New Orleans In psee@bsI .. or which g,ls BIS
lighters York and the IbrAnt alleged 1t found %
have s SssD Sf% o Which I pnsd S wS. TIE
showed that the custom to stow on eoa'd OF
volatile cssr.ctei Unless otherwise agreed between the Parties
or upon noe given TO the vessel not to .os pi uh articles
Together No such agreement or noti'e -. ,hovn There
were barrels Of coal oil slowed the lower hold of ae ship
:nd about ~ Sss Sstse.n Gss When nndsn no
made that slowed In the hold aud
ana m ssc upon the Wheat varied
that the wheat in good condition butss
shown positively whether t, smell wa. Per@s snt OF woad %
clared by witnesses De free Of Objectionable favor
Judge Beits considered that the evissnc there wsi no
with The CARO- he VISA cayns TIE ship lid take sey
the responsibility OF carrier III respect to the caS
Ss.d With the iSOwssse Of to- usage Of I.ds port
respect TO general sips ship in that II
Ss.. or fumes sheatcd oa; Of toe content. Of or .dnr
curing sored BY fault OF the so~se .nd
SO it, reasonable the evidence TO infer That the 1
haas would not Dc injured the coal
oil In the hold full 50 feet cd std there would M to be Tar
n.hea proof rendering tie stP 4, any rae Tor more
mixed tia; with the es; they cannot Claim 70 hold toe snip
liable for ocea,Oned thereby lacy haa estao
shed 10 rgh action the ship Libel dis ssed With
costs Mr. seuddsI for Hbesats, Modsva for elanAnss
ooLLIsIoS-PRAoIIcE.
Jas. Lippincoit ct 81 sgt. Tue Schooner Ned. .
Tis was libel filed by tue eTners OF the propeller
Freeman Rawdon TO the damages esn~d BY col
ision wA the TIE libel merely alleged that on the
seth Of June, 1880 ;h- nto BY h- choonsr
damaging Der Ia her gsins ana detained and oheI~e d,
.s-d the Of o The ealnsnts responded thA
they are the Of the schooner.
The Court hea the psalnEs defective Ia every
essential inge1 Iabe Question beios pfesene % -
papers sud consequently Judgment should be rendered IN
Bssbc Desn .ndlDonahus Cor eisiaaats M RdswAy for
rs Powell al sst The Propeller Freeman Raw iou.
This Wa libel fled by the owners OF the schooner
Ned 20 their dssses accustomed BY he sane oon"on
Tbe scboousr coming WILMINGTON 70 Ns~fo!k AID
ths coior occurred miles southeast By est foe
End tom The north-wes: The answer dered thai the
ops va, hoen .ed coss,tssde in which the libel
4y6red she very tsec, not sa'us ''' P''to P'P'
r. mac h,a that hi. ection furnished no defense TIE
RICH. lneIsiion for seea i3;t as sIirss
An ne i.h of properly vessel On the Prsdnss ad
co.'s lie collision s,oned ey ist on ,.e psf S
properr and she liable for the damages pe0ise ~
49, w,S reirrerce 20 the dAmaeeS MI kds~C
ior lbelanis Beee., Dean D0Dahse for osailnAn''
SUPREME couRT-cHAsstks-MAkeH ls-Ssiofe 'u's'
lNGRAHAs
Curtis ct al 81. Lesvitt -. -
TIE accounts Of the Special Receiver IN tnis case
have been passed BY the Referee, s2d submitted 10
tndred Notice has been given to the Psion We,