Page:Federal Reporter, 1st Series, Volume 4.djvu/675

 THE TREHTO». , ^^X �void: -(1) "By a compulsory sale of the vesçiel in a.hpme port the purchase money takes the place of the ship, as regards the ship's creditors. The ship's creditors must be publicly sum- moned to protect their rights. In other respects the provis- ions regulating the proceedings for a sale are reseryed to the laws of the varions countries." The 600th article of the Spanish Code is equally explicit : "If the sale takes place at public auction and with the intervention of judicial authority, according to the formulas prescribed by article 608, every responsibility of the ship in f avor of its creditors is extinguished from the moment in which the written evidence of sale is agreed to." Similar provisions are found in article 1398 of the Portuguese, article 193 of the Belgian, article 290 of the Italian, article 840 of the Chilian, and article 477 of the Bra- zilian Code. In short, the doctrine that the sale of a vessel by a court of competent jurisdiction discharges her from liens of every description, is the iaw of the civ^ized world, �Such sales, .however, may be impeached by the owner or other person interested byshowing (1) that the court or officer makingjthe sale had np jurisdiption of the subject-matter by actual seizpre and custody of;the thing sold. Rose v. Himely, 4 Cranch, 241; Bradstreet-j. The Neptune Ins. Co. 3 Sumn. 601; The Jlfari/, 9 Cranch, 126; Woodruff v. Taylor, 20 Vt. 65 ; Daily v. Doe, 3 Fbd. Eep. 903. Whether it be not also essential that there should have been proper judicial proceed- ings upon which to found the, decree, and personal or pub- lic notice of the pendency of such proceedings, it is uuneces- sary here to determine, since it appears that sworn petitions Tvere filed, and notice of the pendency of the proceedings given through the newspapers, pursuant, to the practice of the maritime court. (2) That the sale was made by a fraudulent collusion, to which the purchaser at such sale was a party. Parkhurst v. Sumner, 23 Vt. 538; Annett v. Terry, 35 N. Y. 256; Gastrique v. Imrie, L. E. 4 H. of L. 427. (3) That the sale was eontrary to natural Justice. The Flad Dyen, 1 C. Eob. 135 ; Gastrique v. Imrie. In case of sale by a master, the court will induire into the circumstances and see whether ����