Page:Federal Reporter, 1st Series, Volume 4.djvu/762

 74^ FEDERAL REPORTER. �lanlawful and împroper, and a breach of trust, for executors to authorize the maater or ship's husband to act in such a matter for them, no presumption can arise that they have ■done 80. In the case of Stedman v. Fiedler, 20 N. Y. 446, it was expressly so held by the New York court of appeals in respect to an adminiatrator. The decision is clearly in accord- ance with the authorities above cited, and no distinction can be made between executors and administrators, no express power under the will being shown to confer any unusual power on these defendants. �Libel dismissed, with costs as to the defendants Sturges, Mitchell, and Davis, executors. ���ElCHAEDSON V. ShIP HavEB. �[Circuit Court, S. B. Nm Ymrk. Beptember 28, 1880.) �1. Appbal-^Bill of Exceptions. — Abill of exceptions, to present for review, upon appeal to the. supreme court, the rulings of the circuit court, must be based on exceptions taken to such rulings at the time the rulings were made. �S. Samb — Same— Practiob. — Where no exceptions are taken during the trial, the only paper Tchioh the judge can sign upon appeal is a rec- ord showing the proceedings which took place in court in the case at the trial prior to the decision of jt by the court, embodying the re- quests to flnd on both sides, and also the findings made and the wrlt- tea opinion of the court, and the exceptions tiled, showing the dates of the several proceedings. �In Admiralty. �Shipman, Barlow, Larocque a McFarland, for libellant, �Blatchford, Seward, Grisœold e Da Costa, for claimant. �Blatchford, C. J. In this case, a suit in admiralty in rem, tbere was a final decree by the district court in favor of the libellant. The claimint appealed to this court. The trial in this court took place in February, 1879. At the trial each party presented to the court requests to find certain facts and certain conclusions of law. In June, 1879, the court ����