The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1898-10-22

Judge at chambers jurisdiction and determine all
civil causes of admiralty and maritime jurisdiction.
We are of opinion that the appeal sspend the sentence
decree Of the circuit Judge in admiralty and that the attach
nen of the vessel dissolved that the vessel
must remain in the custody the that the marshal
cannot release the without order of the admiralty
which cannot be granted until the litigation finally end
I'm admiralty appeal suspends the sentence and the cause
TO be heard appellate if decree had been pro
nounced 1t not res adudGta the final of the
appellate court The in the appellate court
Is TO be heard if sentence had been passed Ih
has been the uniform practice only in of appeal from
the district to of the United States but in this
court (he Supreme of the l. s. also" Yedton L. s.
Or 2s1 The appeal stays proceedings and the parties
bound to keep the vessel where it then wit in the
session of the court. The Rio Grdrde, % Wall. 463.
In all proceedings appeal the property follows
the cause into the of the United States and Is sub
ct 70 the DISPOSITION of court: does follow the
cause to the Supreme of the United States appeal
to The mandate of the Supreme Court Is sent down
to the and there operates upon the fund or property
which remains in the until the litigation ended
The Collector, Wheat 1914; The Lazy Pike 90 l. > 400
The Lottarane, 90 Wall 225.
necessary result of proceedings I" rem (n admiralty l.
that the thing in litigation be placed i'll the custody of
the law and delivered to either party but sufficient
security United States the does not follow the
appeal into the superior still remains in the custody
of the officer which it beed The care OF
altered by the appeal Inc
is the Jennings L. Carson Cr 9lo; Ih'
Wandta. 90 L. S. Gil
It is clear to us that jurisdiction of the admiralty
cor attached upon the libel of the vessel the
retains jurisdiction over until the final termination of the
eaton order for the claimants of the vessel to obtain
the release from attachments pending the end of the proceed
no stipulation value should be given. The hbelans
are entitled the stand to satisfy final judgment
they may obtain it Is said in Jennings Carso" the
in In Of the and
cannot either party but sufficient security
The beant having the have the held by the court
entitled before the release of the res to have ui
cient security substituted for the vessel and such security
generally bond stipulation for value and unless agreed
upon the parties the amount measured by the value
of the vessel by of the judgment in the court
of the first instance rendered estimated amount as
TO what beant may eventually be decreed There are state
1nens in the text effect that the admiralty court
NAV make an the vessel be delivered to the
claimant upon giving stipulation for such sum las the
court NAV ORDER or "n such the shall direct"
Admiralty Sections 444 and HI We however have
not found any aduged where the could fix the
amount of the stipulation less than the value OF the
vessel the contrary the numerous where
the stipulation for the value the vessel which is usually
asceraned appraisal unless the parties among
themselves In Am Eng Ency 2G6, it Is stated that the
of stipulation supposed be the full value OF
property seized but is often matter of agreement be
parties Thus valuable vessel beled for small
claim the belants procto will usually agree that for the
that the value of the vessel be considered
sufficient belans claim and interest
D. 266 but when the value of the vessel Is fixed
consent motion reduce the of the stipulation can
Otherwise when the fixed by the court
under Revised Statutes Section 941 the court 1cW fr
contends that the amount crdcd
bv Iibeant erorbtant. See The Monarch 80 Fed Rep
Court of South Carona) In that the
salvage and stated claimed in the libel
Under vessel valuable steamship, having to
ceed her voyage, the claimants agreed to stipulation III
$2OOOO although the belant at first demanded $4,000
made reduce the of this bond and the
District Judge said: