The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-04-01
MARINE C0UaT-SeNeaAl TERM.

Important Maritime Questton-The
Jurisdiction Of the Marine Court Over
Offences Committed On the High Seas
Defined.
Present Chef Justice shea and Judges acnimsen.
Aker, Spauidlng and McAdam.
The application In the case cited below Is one OF
very considerable Importance to the shipping in
terest oil this country and foreign governments
ana ports IL decides, in fact the jurisdiction OF
the Marine Court over cases which are supposed
10 be specially within its Jurisdiction. and as
this has been for some time vexed question 1t is
now happily, no doubt, to the consciences OF for
eign consus and OF the Court ITSELF set at rest for
ever.
JoachImsen. Application having been made TO
the Judge at Chambers for warrant, an or
ea na,a arrgs1 SLOWING cause ac'ior py
vessel against the defendant, the second mate
OF said vessel, for an alleged assault, &c. on
board OF SAID vessel wn.e on the high seas,
ana the application being referred 10 the
General Term, so as to insure uniformity OF
practice, the following decision has been arrived
at:-As a general rule torts committed on board
foreign ship on the high seas must be considered
as having occurred within the territorial limits OF
the foreign natl n to which the vessel belongs,
and the parties having the ships equipage,
though actually here, can in law be considered re-
naming within the foreign jurisdiction. In such
cases we have discretion 10 exercise our power,
and we have decided to decline to grant or MAN.
tain the order asked tor unless 1t is made TO APP
pear ether-hrst, that the plaIntin or defendant
has been regularly discharged rom MS ship oy
/
parties is resident or citizen OF the United states
In the excepted cases only VIII process be allowed.
Decisions.
Before Chief Justice Shea and Judges Joachmsen,
Gross, Spauding, Alker and McAdam.
Poon vs.. ACKNOWLEDGEMENTS reversed
and new trial granted, with cosls to appellant to
abide event. opinion by Chief Justice Saea.
Fischer VS.. Gross.-Judgment affirmed with
costs. opinion o. Court by Judge Spaulding,
dissenting opinion by Chief Justice shea.
Dewey VS.. Ransom. Judgment affirmed, with
costs. Opinion by Chief Justice Shea, Judge Alker
dissenting.
Drinnen vs. Observation-Disclosures reversed and
Judgment absolute for the defendant, with costs.
Opinion by Chief Justice shea.
Locher VS.. kieucK.-ln all actions wherein the
plaintiff RECEIVERS less than $50 he Is not emitted TO
either costs or disbursements and the defendant
Is entitled TO neither unless he has an affirmative
JUDGMENT in his favor against the plaintiff. This
is, IN our opinion, the meaning and intent OF the
legislation OF 1872 concerning costs and dsourse-
ments in .hls court.
order appealed rom to be amended in conform
ty With the decision.
EgDert aud Another VS.. Hinelsheimer Judgment
for allirmance, with COSTS Opinion by CnleI JUS
tlce shea.
Frank and Others vs.. Covert and others.-Judg.
ment affirmed, with costs.
Harriet CT al. vs.. Port.-The appeal from order
OF Judge Spauldlng, vacating the order OF arrest,
confirmed IN all respects with costs to respondent.
Lehman VS.. Woln.-The decision in the case OF
Looher VS.. Kleucn. decided at this term, disposes
OF the question in this case. The order appealed
is reversed and to be concerned to the principle OF
that dec SION.
Badoureau vs.. acknowledgement affirmed.
harrington Mott. Order modified.
Reed VS.. ROeSsler.-Order reversed.
Cohen VS.. Observation-Disclosures affirmed.
Reed VS.. koessler.-MotlOn to dismiss denied
without costs.
Polhemas vs. Bogert.-Taxation modified.
Weed vs. Burt.-Order Of reversal amended by
awarding new trial in tins court.
Atwood VS.. Buter.-Judgment reversed; new
trial ordered.
stanley vs.. amberlan.-Judgment affirmed
Kelly VS.. Willis.-Judgment affirmed.
Stewart VS.. NEUTRALITY-SUSPICIOUS. affirmed.
McConkey vs.. Acknowledgment reversed and
new trial ordered
The possibility OF q 7aelc issue OF i1tconUe7'tible
paper regard ,oith ansazement ana anxiety, and,
IN nay opinion, such issue ,coutd be q detri-
uent and a shanae.-CHARLEs SUMNER