Page:Federal Reporter, 1st Series, Volume 2.djvu/278

 LTLES V. 8TBAMSHIP SANTIAGO' DE CUBA. 271 �Lyles and others ». The Stbamship Santiago de Cuba. �(District Court, E.D. Nevi York. April 15, 1880.) �ADMIRAI.TT — Practice — Vacateng Ordbb — Appbabakce. — A motion will not be entertained to vacate, for irregularity, an order made seTon •ears previous and with notice. �Beebe, Wilcox e Hobbs, for libellants. �BuUer, StUlman e Hubbard, for respondent. �Benedict, D. J. This case cornes before the court upon an application for an order directing the payment, into the reg- istry of the court, to the credit of this cause, of sufficient of the proceeds of the sale of the above-named steamship to sat- isfy the demand of the libellant herein. Many difficulties in the way of the application, arising out of the proceedings had, could be stated. It is sufficient to notice two. The ground of the application is a supposed irregularity in the entry of an order of this court directing the surplus moneys in the registry of the court, to the credit of an action brought by Eeynolds and others against the abOve-named vessel, to be passed to the credit of certain other actions then'pending in this court against the same vessel, the vessel having been condemned and sold by decree of this court, made in the action of Eeynolds and others. �At the time of making that order the proceedings in court instituted by these libellants had in reality been abandoned. It seems impossible, on any other theory, to account for the delay in their action, and the proceedings had in regard to the fund in court. It is too late for these libellants to ques- tion the regularity of an order made more than seven years ago, and with full knowledge thereof at the time by their proctor, and upon the understanding that this claim was to be prosecuted no further. �In the next place, the order complained of was made in an action brought by Reynolds and others, in which suit no ap- ����