The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1860-11-03
UAitsd states Circuit Court.
Before Hon. Judge Nelson.

Before Hon. Judge Nelson
REVENUE PRoTRsr-IMPoRTANr TO IMPORTERS.
ocr s1.-Greae O. BRONSON u. John g. Boxer et
ol.-Decision. -NxIsoS, Q. J.-The principal ques-
tion In this case d whether not the protest 10
sufficiently explicit within the requirements Of the
act Of Congress- The words are, that before making
payment Of the duties tho importer must protest in
writing signed by him his agent setting forth dis
tinctiy and specifically the grounds Of objection 70 the
pay mcns OF the duties In Greedy and Burgess us How
ard 400 the following words held sufficient to
an objection the trial that the appraisers had made
the proper examination Of the goods from the several
packages as required by the act-That the goods
not fairly and faithfully examined BY the appraisers" In
that article imported sugar from Cuba, aud
samples upon which the assessment was made had
from the Casks and exposed for somo time c
the air. would afford true criterion by which 10
Of the value. The majority OF the judges were Of
the opinion that the pfoss, sufficiently specific 20
this objection la the present The question OF
and the objection that the examination dei,auyc
in no, examining samples from the stated number u
packages required AMI ALSO that neither packages
tampes were examined " he appraisers. rhe woras IL
the protest claimed to cover the objection, aud be
cause appraisers "had not used jJy sufficient
means made sufficient examination VI said braEdes'
to determine their value. " may be sufficient 30 da.a
guish this case the suc ency Of the protest s
from tho above tna words
In the found could aBJ3 but ltse niof nsou
Collector OF the real ground of obeCtsr
are found among a OF objections covering almost
every that arise under the laws ana en-
tendiBg acme sheets OF foosSsap Certainly
the Collector would be obliged 70 20 over tbe
entire process Of carrying goods through the Cas-
tom House In every Instance OF entry IN order 70
meet the slmost countless objections enumerated on
this paper The protest to have been without
ference 10 any spechc objection, but with view 10 MT
any that might happen in the course OF eyyng Tie do
We think the departure iron the strict coastruc-
ton OF the act referred TO haa led 10
general and indefinite statement Of the Objection and
that may DO Tor Congress TO incTiere aud
tue abuse. The trial In tina case WAS eoarrass
cd Of the loss Of the papers the Ciston
House AMI IL Is exceedinsy doasaa Tie iruln q Tue
transaction appeared The trial, Tor the wait Of the
proper OF the defence We small gram new
trial. order TO enable toe governments 70 flfnisn
the proper evidence 10 their power but u In AL Do on
terms, on payment OF the costs Of the last circuit
Ocr 80 Robert Ldta The Cargo Of he Sh,p Hermit
age Appeal In Admiralty Charter party-Laen NILSSON
CJ-The leel was aled ia this against
the cargo Of the vessel 70 recover a ireigat ancer
charter party. THIS Charter party was en.etei
Almeida a Co, merchants, FOR the emnioy n.nt
Of the vessel from the port q New YORK 70
the west coast OF Africa on q trading voyage Ane
back New York with the privilege Of CONTINUING toe
voyage for year. The owner engaged 10 Keep the
yessei well fitted tight and saunch and provided with
every requisite necessary Tor such aing voyage, eI
ceptrg captain crow and PROVISIONS and that Tho whole
vessel wtb tho exception OF the cabin the deck and no
ccssary room Tor accommodation Q, tbs aud
sowsge Of sails and csbe would be nj the sole use and
disposal OF the ehartcres and thai no goois meschso
disc would be laden board otnerw than from Them,
and the bound himself to receive on board The
vessel daring the voyage all suoh lawful goods and er
chandsc az the charterers might think proper
Tho charterers snesget. their pa 10 provide he
sci a. all imes with sufficient ballast, and 10 pay omar
ter or resh during The voyage $3.50 per mouth, and Al
foreign and domestic port charges 30, payable ,o
Iows $500 NJ the expiration OF every four monlhs
New York. and In ull discharge Of vessel The char
ers 70 when IN her berth for loading and 70
ported 20 charerers ard when The vessel shaH
have and discharged he. cargo IN Ne. YORK.
For fullment Of he several stpustops each party
bound himself 10 the oloerthe one the ship ana tackle
the other the merchandise laden board Tie cargo
put on board the vessel In this port BY tho charter
preparatory TO the voyage but before she started
her voyage qnoeon upon .ne construction OF The
charter raihar IA respect 10 The rights 81 char
tefers under H. the latter claiming the CABIN lor me
acoommo iatoa or paGSer gcrs be board
which delled by the owner and thertup me
terers commenced taking the cargo and refuge;
10 on with the charter party Tals libel 70 reco
yer freight of the use o. tas weasel or lh1 time engaged
aud damages Tor tb. o. tne charter party
Tue does not a within that class o. cssss sDe'e
nothing has been Done under charter u the vees tnat
H., gods placed board nor the voyage entered
upol, IN which taere can be 10 ea upoa the v,fc OF
cargo under the charter party In these ces, whether
the breach ~ the agreement the part u the
or q the eharerer, iaore cn Pc no proceeding 10 rem
against vefcel Or crgoi a. no Zen has attached i0r 1he
bench. Il either party FOR here tho voyage bal com
nenced upon the terms 81 tho agreement between
the part, The gooGs were pat On board sne vessel add
M tha Ken attached AZ Ill attached thcy scro
laden On board; and - lar ~ TIE form o. ne re-
nedy is cynceivsd, n n tue a. II the voyage had
been broken 10 by chRrterers any o.her pint
III the of the voyage, after the we're had beer
fore, IN the case whether the claim SCI Up ny the
oharter,rS 10 put pakcrgers board 70 ocrcpy The
cahin vel founfcdi u & vhs then the refuEa
breach RI tte charter and the hRrtcrers bad rght
put eud - the clniTacl * not, they rere 10 fault
ard the cargo Is cDargoabie Tor irCgnt and damage
how, tho charter, which very special and vel drs~n
Instrument clear and readily understood 70 every part
u ~, ~ terms the csbia IL insisted. how
o. nat tls y = mistake, and = ineonsAaeni with
cir parts Of the Instrument ard that without the
G the cabin b. the charteres Tho voyage oonld
performed, asI thus the reservation woad dctea,
~ contract But there has been any msisse in the
charter cr s terms Do not express The nteri Of TOE