Page:Federal Reporter, 1st Series, Volume 4.djvu/492

 478 FEDESAIi BEFOBTKB« �Etna would have been entitled to compensation for such tow- age as she gave, if she had been compelled by eitlier of the causes named to give up the towage, provided the Colon had reached New York safely. There is no reason to suppose she "would not have reached New York safely �The amount awarded by the district court for the service seems to be fully adequate, in view of the amounts awarded in the various cases cited on the part of the libellant as well as of the claimant, under the circumstances of those cases as compared with the circumstances of this case. �As to the distribution made by the district court, if $10,- 000 is the proper total sum, as it is, the owners of the Etna can bave no larger share of it (besides the $500) than the $4,375, as they do not appeal from the award to the master of $750, and to the master and crew of $4,375, and those sums have been paid. It was proper for the district court to refuse costs to the owners of the Etna because of the ex- orbitant and unfounded claims they brought forward, and the expanse and trouble to which they wantonly subjected the claimant. �The owners of the Etna should have a decree for the same amount as in the district court, without the coats of that court, and should pay to the claimant the costs of this court. ���Lands V. A Caroo of 227 Tons op Coal. �(District Cowrt, D. Nm Jersey. November 9, 1880.) �Admtralty Jubisdiction — MoTioif. — A court of admiralty will ordi- narily refuse to decide a jurisdictional question upon a mere motion. Uuahing v. Laird, 4 Ben. 88. Vennistoun v. Draper, 5 Blatchf. S36. The OtMlo, 1 Ben. 43. �MomnoîT— Iksotticient DESCErpriou. — An objection that the moni- tion did not sufflciently describe the property to be attached, is insuf- ficient, where the marahal has not been thereby misled, and attached the wrong property. ����