, 1869-07-17
EQugIS Of LhN AID EQUITY.


United states-T.- tug boat Ada Allen. Libel
Dismissed The decision Of the Cou1, the case
being submitted, was ~ follows. THIS IL = libel
len, to enforce certain penalties under tie A1xth
section o! the zet Of February is, 1873 aud the
61 e sns IF as s sey ID 1859 The other
Cnde1 the nrsr act the Allegation IN the libel Is
that The tug, IN the 9ummcr a. 1851, Was fo1ud
dlsttcts In The United States and bet& cen differ
ent places IN The District u Chicago, In ballast
without being Iegtstered or enrolled and licensed
Under the second act, the allesst,on in the libel
fs that The tug boat departed from Chicago In DE-
City, In Indiana; and thaI the Captain O SnrF.
neglected to die with the Collector Of the port, be-
fore the departure Or the ,ug; manifest Of tho
cordance with the statute
The question Is whether the penalties provided
by thrse statutes, under the facts, should he en-
IorceA.
tLink there LIS not proper ca.c made GU, to
warrant the Court IN imposing tho penalties pro-
The facts ID relation y see violation Of the law
Of l791 seen 10 be that tho tug VAS enrolled and IT,
NH day Ct March, 1es7. but, having got into du,-
Guilty, there IVES blll Of sale made TO Mr. HAc. to
indtnn,fy him ior eestaio Liabilities wh!eh hs nad
III il is undoubtedly tue i.at atter init
III Of 81, sa1e ns% W.. NILE, T..s.n there saS
enromeni IL takcn oct, bu. the city 1ss permitted.
b, the owner to proceed with It's business under
Now, conccA.ng that 1t Has the duty Of the city
" obtain liceuse anh enrolment, Sill u would
harI1v 10 latt Or Within tae spirit Of the ~. !
Bianees appearing in Tits case In relation 10 the
enrolment and Iccnse. All that coulI be said ia,
and ,cense % % taien o ont in tho nasae Of M. Rae.
Nomtbafly II wRa sale In reality II WAS morI-
gage, md there might be sone douut, under Tho
crcums taneea htthcr It was necessary, the oon-
Iact hcinR simply in the nature Of Indemnity. In
polnl Of TACT, for party to take out new enrol.
ment. But, noEese! this may be-snd + u not
asS aee'' as.,nct DA' oraion % oron tsas polss@ se
II xoud hardly be IL conformity. think. With the
srt., Of tho !aT. to Impose psnaisy f.. ns.,A9 S
think tr Court ought not 10 luse xlGht Of the ous
uess1o which this rug va engaged II MAS tug,
caSo, fof The towngc Or resscls in and out OF the
hattor. There w1s no Intention Of proceeding
any further from The mouth Of the hnrboF than
iDs @ IN sad q oas Tho vsrsoas ets y: H.: hight msre
nte Of the Ing, engased IN the navtgauon OF tho
lake Or Of the r1ves.
The character Of the tug haa alreadJ been stat.
ID, and IL ousnctt; Il seens that on the IL
ns5 q !ef1 cneaS9 aS md nd wsns
unacr e. etisa@.sanes. of tne ~, c4ss 9
Is true Il might hAve Ieen stated that she was
amply In ballast, opL nndtr the circumstances de-
tailed Ia evidence. DO not think the rug MAS
tequens scl {or moi dung manifest md oska.n-
Ing =. Clearance, becAnsc the tug did not leave
aso ior a,ii the pGpSs' ~ ?. eans s9 70
Michigan City or any other pert to chicago oe
elsewhere Ii fact 1t md not any object IN con-
ton d merchandise OF any kind On tho con-
trarJ, It seetpa TO hare been mere expedition Of
The tsn;An TO Est Ed q same Creditors Of The tag
who had become troublesome.
Cnder this state Of lacy1, It seems to 1oe, it
| would be just TO Impose penAlty upon the
Bas IL dsea!ns III. ssse % not With to be
understood a. GAylnE that Il not nccessnrJ tot
toK tasaFed II 1oranG Esss:is y 30 out q the
incident to such towing, - be enrolled orllcensed
Neither DO wish 70 tse understood As taytn9 that
ros rns1 s IL o. etne1 o t.. e s os9S
In ali cases, 10 die manifest obt4in clear
ance. lvhh 70 couane myself to the particular
facts Of this caAe.
Circuit Court
sspn BITE :r. M, s,sBs.ss BsS1 4.s 10
damages a4seased Il sl.ooa
solomon AoIonay J. Tn.edore Faneo!s Eiecs,
nent for east eight feet of Los !. Block 10, scno
Section Addition In Trial
Samuel st11asav George schloctzer. BY con-
fessson for S1e6td
szperso, Cour1.
co,,,r. II A,s,na Mav = sq1an qpaa,. and 1,,a,,, r
HcrsHolt. Of Mason County. Aaaumpatt- De-
john IeHs.g {. Al '. Reuben P. conger, etc.
nAjthaser Koehlel =. Jacob GrcaI Asfu1opktt
Ferainsn ID s.unps, etc, =. Chicago, Burlington
1 Quincy Railroad Company. case- damages
May Tonnos and othe. minors '. Jane. Kel-
ley. 1roecr. Damages, 1900.
1aeof, Beidlcr Co. v N1hefs sleIefJ, OF
Aason County. Assnupsll Demand. sAooa-
coCAIT 1rbGB sEKn.
Damages lads 500, 900
AICHAE1SS' IIKHS
Darius C1eland ct Il !. Charles 4. Day ct a
Petition % enforce mechanicH lien, gtxted At
ssl : md tntese.t from March = 1s6a, on PREM
icy Of Lo, N 7. WncoIs suhdi1ision.
lnofoas HAnes9 g y ,. aa@e; Petition ~
On ncrth hIi q nos1h h1t I o. nc nos1h hsf Of Tess
half OF Block II, Canal Trusteca' Subdivision OF
SECTION 81, y, IA lndebtednesa dated a s11ls1.
being tiAted II S1s11h Properly Affected being
ess and ess West Washington street and lot
Robert Smith '. same retinon ~ above Prop
crry M. lis Calumet Avenue. lndeosodneha alatsd
Darius cehnd ct a. v. Same Petition Is Aoove,
AdcSttnG thu property 70. IL ca1anet avenue.
| lrdebtet1c*R stated II tsSai2
WANTED DITCH.
Jonathan 7. 6cammop et A. '. the Pittsburgh
FoH Wayne Chicago Railroad Company. Blu
fcr spoc1ne pesfornAnee Of coot1aet The COO
! right Of way, and was thai tho company should
construct and kftp in rrpatr dltch or drain nJ
the .ide q re icy sect right q WY granted IL nc
DIVORCES A6EKp JOE.
. Elizabeth He!ttngef, o. Le1nont, ': Chs1tophes
| Tne compiain1nt stslea that 4hs became mo wlfe
Of defendant on the 18th day Of August, 1883, be-