Page:Federal Reporter, 1st Series, Volume 5.djvu/126

 114r FEDERAL REPORTER. �in ail Buch cases the master and cre-w are entitled to share in the compensation. I tliink the proper practice is to deter- mine the amount to be awarded as the entire compensation, and to apportion it as between the vessel, master, and crew; and that portion awarded to master and crew will be paid into the registry to await their application for it. The adi- rondack, 2 Fed. Eep. 872. �Of the sum so awarded three-fifths will go to the owners of the steamer, and two-fifths to her master and crew — the master receiving one-tenth of the two-fifths, and the officers and crew, including the master, the remainder in proportion to the respective rates of their wages. �As the claimants have made no tender thej will be chargea ith the costs. �Decrees accordingly. ���The Swedish Bark Adolph. (District Court, S. B. Nm York. November, 1880.) �1. AppEAii — Releasiiîo Vessel feom Akrest — Peactice — ADirrnAijTT RuLB 11. — On appeal to the circuit court from a decree of the distribt court dismissing the libel, the claimant of the vessel which was at- tached on service of the monition is not entitled to have her re- released, or to a bond from the libellants to pay such damages as the claimant may sustain by reason of her detention pending the appeal, in case the libel shall be dismissed in the appellate court. To hold otherwise would be inconsistent with Admiralty Rule 11. Unless tho attachment was mala fide, or there was gross negligence amounting to bad faith, no damages for her detention caused by such arrest can be recovered. �The Evangelisimot, Bwabey, 378, etc. �The English cases, if not consistent with this rule, cannot now be sustained. �The Victor, Lush. 72, etc. �Buits for possession stand on a difEerent ground. �The John, 2 Hagg. 317. �Henry T. Wlnj and E. L. Govc, for claimants. �W.My.nlers, for liballants. ����