The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-09-28

OF the attaching dyvt, when she POSSESSES IN her
bottom su.iicent basis crealJ upon when Tie
master could iaye The smaller sum needed 10 ols,
charge her nom the attachment and THUS aver
the disaster. IT, therefore, tbs validity OF TINS uona
depended Upon the question whether suiDcieht
necessity existed TO authorize ts execution
hy the master. should DO inclined 10 hold thar
the pecHar and embarrassing circumstances Wlich
attended the seizure OF this as they
were In all human probability To bring disaster
TO tho vessel and great loss 10 ell interested ih
her If the seizure could not be properly terinl-
natedwere such ~ to authorize the masle raise
by D0ttomry the amount necessary to discharge INC
attachment. the primary object or The bond was 10
avoid the disaster 90 the steamer which these attend
ing circumstances would certainly entail If the at
tachment continued and the bond should not lose
the characteristic which it derives nom 1t primary
object because incidental effect OF 1t would he TO
pay debt for which the ship herself was not llaDe
But the validity OF this bond cannot be made TO de-
pend upon the determination OF this ques-
ton alone inasmuch as an additional objec-
ton applicable 10 the whole bond has been taken
by the claimant which the hbeants have not
been able satisfactorily TO answer ana tlat
is that the master omitted to communicate with The
owner before executing the bond. such connili-
ulcaton when 1t can be had ~ az important 10 be
shown as The necessity o. tne SUPP IN Tue case OF
the Oriental where the point escaped the attention
OF the court below, reversal was granted upon TINS
point Alone q Moore =. ca The utility OF The rule re-
curing notice 50 DO given 20 the owner when pracu-
cable is obvious. 1t imposes no additional burden
upon the ship, and no difficult duty upon the leaders,
while It's observance MAKES fraud and ccllusiOn more
difficult anc often diSnels doubts when Would Otef-
wise arse In cases OF this class IL rs rule when
fully applicable for IL ID shOwl that there was at
the time Geographic communications between Ant
werp and New YORK, the home OF The owner and that
resort was had TO that mode or communication TO
announce the steamers arrival In Antwerp. ms iact
must have been known 10 the oelants rom tnelrpo
stlon agents OF the ship, and ordinary prudence on
ter part would have sl gested notice TO tue OWGGr or
the necessity OF tie ship and tue intention 10 take
bond. They knew that such notice was practicable,
ana that IL had not been given ana they are charge
able with the Knowledge tlat IN the absence OF such
notice under the circumstances the master was
reason therefore, must declare the bond IN ques
ton not TO be binding upon tins steamer, ana accord
ingy dismiss the libel, with cos.s.
The Action As,linaf this Cuban Jmnta.
Yesterday morning the cases brought some time
ago against the Cuban Junta by the owners OF sew
era steam tugs to enforce the payment OF the money
due for the use OF those vessels engaged in the eXpe.
dltion fitted oat under Colonel Ryan, were called Tor
TRIAL. At the request or tho counsel for the Jufta
ana after some argument the case was put OF until
the october term Of the United States Court.