The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1898-10-22
OPINION OF. THE COURT BY WHITING. J.

the First Circuit Court by Russell Corove and also oy nose
Beriner for damages malicious and unJuslaoe arrest ~
imprisonment and assault and battery alleged to nave De CUM
mted by Walter Minor Of the vessel while on
ovaoe from port in the United States to the port OF io
lulu Hawaiian Islands The amount claimed IN the ll l'''
was s15 900 and in the second libel $4,000 The steamship was
seized and is held by the marshal.
In the Cogrove the court found IN favor OF Tue
in the sum of $1,000 and decree therefor was ehere ~
which decree the belan and also Minor, the master oi "
vessel as claimant appealed this court In the Rose Derl
claim the court found against the belant and dismissed the
libel and dissolved the attachment; and hoelalV 'PI "
this court from the decree entered thereon
The master Minor as claimant this court that he
NAV be allowed bond conditioned for the payment "
such moneys may be awarded libeant IN the sum "
m ~ reasonable sum as this court may fix, and that the vessel
be released from arrest order pursue her voyage when mas
been interrupted by proceedings his fling suc o
with proper sureties grounds which the no"on
based are: Chat the of damages claimed by 'ie ~
liant are excessive and unreasonable and furnish " proper
criterion to be followed in determining the amount OF bona 10
be required of vessel that said vessel now upon e
"trip from the port of Seattle in the State OF Washington " "
ports of IIilo Honolulu, having been put upon s'o ~
TO make regular voyages stated Intervals that the
said vessel have connections IN Honolulu anu II
bi the first trip of new line petitioner is unable to OBJ
tain secritv other such he give upon s'i VESSEL
that GREAT loss and hardship resulting to said vessel ana he
and also 70 intending shippers the port OF lflio ana
oro in consequence detention OF said vessel thaC
petitioner has made application to the Circuit Judge ~
whom said cause tried fix the amount OF ooo - N
lease said vessel but Judge has declined to make an o
deemno It improper do appeals have been E' - ~
court" .,
The lbelant opposes this motion on the ground '' " P
o an geo in admiralty and that the res must remain
~ tho custody of the until the end OF the gaton anu
that the vessel can only be released upon shpuao 1o value
or at least upon stipulation for value winch shoui DC sum
cient to cover the claim made in the libel ana Shou' w " ~
than 900
The belan Rose also moved this court tor an oruer
70 the Circuit Court in admiralty, directing that court not to re-
lease the vessel from arrest until the termination OF the lsaOn
~ c relief as NAV be suitable the Ebeant fearing that te
g+ of the order of dissolution of the attachment made IN te
decree in the Court her libel would be to release Tue
vessel This raises the question OF the effect OF 'e
appeal in admiralty the disposition of the res and whether
or not the appeal uspend the decree and further III
the Circuit Court
u tho case Of The B,iq Ann 8 Crancb 800 Chief Justice
Marshall saws: I'm order constitute and perfect proceedings
an rem is necessary that the thing should be actually OF con
+olx within the reach the 1t is actually within
So possession when it submitted the process OF the court;
it constrcvey when by seizure 1t held to ascertain "
enforce right or forfeiture which alone be decided by
judicial decree an REM.
Our statutory proceedings in admiralty are contained III Sec
tons 15O9-1513, Civil Laws.
"All applications for the foreclosure Oh amy lNPo' "
other maritime upon vessel domestic or toren or 1oF
M enforcement of the rights salvor of material men, or
for damages in collision, for the forfeiture OF any
vessel or other property for breach of the revenue laws OF III
es Of damage the right of action without the
jurisdiction of this Republic shall be by petition, IN the
+,ro Of . libel ,-Section 1909 Civil Laws.
Ipon the fling any such petition the Justice shall deter
mine er pa,te upon the propriety of granting the process pray
ed for may before issuing process grant an order 10 snow
he orinion adj the ends of Justice Sec
ton 1910, Civil Laws.
The next section provides for the service of process an'
publication of notice of such action proceedings attach
mont &C. The proceedings under statutes follow the usa
nrse Of proceedings admiralty in other courts OF admiralty
+ erbans the power under Section 1910 of the Judge