The New York herald., 1875-11-24

cipe. She sailed rom New York for San Francisco
with large freight list and when about twenty eight
DAYS out was destroyed by the Florida After she had
sailed and before receiving information OF her destruc
tion, her owners executed q charter binding her 70
proceed from San Franciscoio the Chincha Islands TO
take on guano deliverable at Hamburg She had
not sailed under the charter for the Chincha
Islands She had done nothing whatever under
IT, Her officers did not even hear of II until after her
destruction. As 10 that charter her gains we're pros
pectlve which the award declares "eanno properly be
made the subject OF compensation, inasnuch as they
tengencies We accordingly dsalowed to her freight
under that charter but admitted her right 10 full net
freight the voyage to San Francisco We could not
have done otherwise.
FREIGHT ALLOWED
In the cases Of the Highlander and the Jabez Snow
now before US for decision We have as little difficulty
in allowing the freight, The Highlander was 70
proceed under charter to Akyab Rangoon or Bassein
with the privilege OF intermediate voyage to port
IN India Chna to take at one Of these ports rice
deliverable at Cork Falmouth. She had performed
the intermediate voyage and was proceeding N ballast
TO Akyab for cargo when she was destroyed by the Ala
bama- The Jabcz Snow carried with her two charters
under one OF which she sailed from Cardiff with
was to proceed thence to Calao to take
on guano deliverable az Havre. She was
destroyed by the Alabama with the coal on board be-
fore reaching Montevldeo So far as wo can judge,
after careful scrutiny OF all the testimony before u.s.
each Of these Gesses at the time of her destruction was
proceeding good faith the actual execution Of tho
contracts which she had thus lawfully assumed We
know Of nothing which either Of them could have
done in the prosecution of their respective voyages
thus commenced and suddenly terminated by the
act OF the successful of the nsurgent crusera
We accordingly allow to each Of them net freight on
the cargo which she thus proceeding to take on
board when destroyed. While we do not agree with
the claimants in respect to the amounts to which they
are entitled, THESE are the principles OF law
on which have reached the conclusions
embodied in the judgments about to be entered The
following awards are made:-Case 500 Richard T
Buck, $11 066 81 case 597, Jabez H. Snow, $lS,-
ACT 70, which Includes the captains primage;
case 59S, Henry Darling and Theodore &. Woodman,
administrators, $ll066 81 500 Henry Darling,
$l1 o6e 81; case GOO Susan N. stubbs administrators
81 l4l; case COL Joseph Elicott, William c. Peters
and George W. Peters 10 corporatonl S4,36o; William
G. Peters, s2,lSo; George Peters $3.50 with
interest in all the above cases from tho date
Of the destruction Of the Highlander. In the
and Frederick spoIord, sl9s5o; case 4oS Henry Dar-
ling $2l 34l 400 Dc Witt Folsom administrator,
$5l4s case 40, Charlotte W. Uptown ST. 2o6; case
ALL Henry Darling and Theodore c. Woodman, e9-
ecutors, Sic, 500; case 412 Joseph p Ecott, VIM. O.
Peters and George H. Peters, 81 951; 656 Henry
ID. Brookman and John H. BrookInan SIC 500 with in
terest from May 90, 1868
WELLS, Presiding Judge.
BALDWIN, j., and
JEWELL, j., concurring.,
RAYNER j., dissenting.