The New York herald., 1868-12-25
UNITED STATES DISTRICT couaT-s ADMIRALTY.
Interesting to Snlvors--Irnportan Decision q
Judge benedict.

Interesting 10 SutVOTs-AtupoTiiH DccisAon ~
Judge Benedict.
John T. MilJer et dl rs. The Schooner Efcdi1
Lee.-This case came up before Judge Benedict il
the United States Court for the Eastern district re
Gently upon petition OF Nicholas Thompson, ont
OF the crew OF the bark Ada Carter, prayini
that Miller and Houghton, part owners ant
agents OF that vessel, may be compelled
10 repay into the registry OF the court for the ben
eft OF the petitioner proper portion OF certain
salvage award which was made by this court II
favor of the MASTER owners and crew Of the Adj
Carter, bat In which the part owners above men.
toned refuse allow the petitioner to participate.
The petition was opposed by Miller and Hougnton
upon The ground thai the petitioner had parted witt
all his interest In the salvage award IL appeared
by the evidence that the bark Ada Carter While at
sea, picked up derellct. put on board thereof
New York, where she arrived In safety, and was
ipeed IN this court for salvage, the libel being led
as the owners, and John L. kenny, the master, for
themselves and all others interested. Pending this
proceeding Miller and Houghton wrote 70 the
master, at Cuba announcing the safe arrival Of the
derelict IN New York, and tnat they had demanded
5000 salvage and hoped to realize $4,000, and sug
gesting the procurement from the seanen Of an as
signment OF their interest. written assignment
OF all the interest OF master mate aud crew to Elijah
Houghton ior twenty-five dollars each was there
upon prepared and signed by the master, mate and
then by the crew-nO money being then paid, but
the master going through the form OF handing
twenty-five dollars to each seaman and taking II
back at the same moment with the promise to give
It to him in clothes or at the end OF the voyage The
in May, and about the Goth Of May the
crew, including the petitioner, were paid Oh
balance of wages and twenty-five dollars besides
The petitioner then signed receipt in full for all
demands arising out OF service, salvage claims as
sault5, batteries, &c, obJecting however, at the
time, that he was entitled To for the salvage.
At the time OF this payment, although the sailors
did not know the fact the bark had been condemned
in the salvage suit and, as Is quite clear the amount
or salvage TO be paid had been agreed on between
| n nilr of q
days the sum OF S4l5o IN addition to the costs, was
drawn out OF the registry by lssaac L. Miller acting
as proctor In behalf OF all the Sailors and the same
sum, less expenses paid over 10y him to Miller ani
Houghton. The petitioner subsequently learning Of
the salvage award, demanded prop0rtlonate share
OF Miller and Houghtdh, and being refused applied
to the Court for relief upon petition, and proved the
judge Benedict, in his decision, says:-Although
there may be. perhaps, cases when an assignment,
obtained from seaman by the master for the bene
ft OF an owner OF the seaman's snare OF a salvage
claim can be upheld this Is no such case This owner,
when sought to procure the assignmcntrom the pc
toner Tor twenty five dollars, expected, as his letter
shows, that the salvage award would be $4,000. and
| he had made calmffor $4,000; but neither he nor
the master gave the seamen any hint that the claim
| would amount to any such sum when they procured
the assignment IN Cuba The execution Oft assign
the mate falsely pretending to assign their rights
also for the same SUN. and the transaction con-
Quoted was saam, intended 80 to be treated by all
except the seamen. The master intended II as
sham. for he has since received 100 for his share
of the salvage. The mate treated 1t as sham, for
vage The owners treated It as o sham for they
divided the rest oil the money among them. Hough.
ton the assignee, has treated II aS sham, for he
does not pretend he has never pretended to be en-
titled TO the interest which the assignment purports
| 70 convey TO him. The petitioner may also treat II
| a. sham. IL was made in ignorance OF
| iacts, which, II made KNOWN, would have
| prevented It's execution, and these facts were then
within the knowledge of the parties engaging In Its
procurement, ana 1t was contrivance far from
credable either TO the owner who suggested 1t or
the master VINO consented 20 carry ii into execution.
4 transaction
| mitted to Stand for moment between seaman and
| SUN awarded TO hin for meritorlous salvage
| services.
IL is for the interest OF commerce that seamen OF
AL other vessels receive the benefit OF that provision
OF the maritime law which gives salvage rewards to
encourage efforts in behalf Of vessels In distress and
any assignment which has the effect TO deposit the
reward In the pockets OF the owners TO be sustained
| IN a court Of admiralty-of which all sailors are the
| wards-must bear unmstaKabo marks OF good
faith and fair dealings nor s the case helped by the
fact that after the arrival Of the bark In New York the
| petitioner was paid the twenty five dollars by the
| master while In The stream and then signed q re-
ccipt In full Of al demands, including any demand
| for salvage. AT this time the money had not been
| paid over TO Miller and Houghon, although they un-
| doubtedly knew now much IL was by agreement to
| be. The petitioner then had no claim arainst them
70 release; his claim was IN suit against the dereict
and Miller was HIS proctor as the owners knew. The
receipt written does not release the owners from any,
thing nor did IL purport TO authorize them to receive
from the proctor the petitioners share OF the award
| when II should be made. The receipt aud the pay
| mept or the twenty-five dollars can have no eject
TO work transfer OF the interest the owners fer
| tne SdiuT was not tnen informed OF tie
| fact that the derelict had been sod
and the award agreed on at sl,l5o, nor
was his proctor consulted The right OF the pe.l
| toner TO participate In this award az one oi the
| original saivors then remains unimpaired, and ls
Miller and Houghton, who received tue money for his
proctor with fun knowledge Of oil the facts refustd
10 allow him TO participate, they must be compelled
To repay into the registry OF tho court within forty
eight hours from the service OF the order OF this
| Court the sum OF $3.50 for the benefit OF the pe-
toner. IL should be added that II was an oversight
on the par Of the proctor ior ne sayors TO draw the
viousiy for his own protection, having applied for
and obtained an order OF distribution liking the por
ton payable tn each salvor; and II also an over
sight on the part or the Court 10 permit the money
| 10 be drawn before such distribution had been
4