Page:Federal Reporter, 1st Series, Volume 7.djvu/378

 866 fs^ebaIj bepobteb. �This involves the danger of the service to the libellant, and the risk of declining it, to the respondent, — as the dan- ger and risk appeared at the time. In "the Sietson, above cited, the court awarded 6 per cent, of the property rescued. Here a similar percentage would auiount to $1,300. In view of the limited estent of the danger encountered by the libel- lant, and the prospect of succor from other sources by the respondent, I believe $1,300 to be a larger sum than the former would have demanded, or the latter have consented to pay. I am not unmindful of what Captains Eandolph and Chester say of the situation; but their statements, when compared with those of other witnesses, seem some'what exaggerated. After careful examination of the case, I think $1,050 (One thousand and ufty dollars) a just compensation, and this sum wiil be awarded, with costs. ���Thb Dauntlbss. �(Dittriet Court, B. B. Ne» York. April 20, 1881.) �JtmiBDICTJON — WrONGPUL ACT OP MasTER — JOINDBB OF ACTIONB. �Where a cargo of minerai phosphate was gathered from the Island of Fernando de Noronha, and brought to New York in the brig D., and an action; was eommenced against vessel and cargo, the libel set- ting forth libellant's ownership of cargo and wrongful taking thereof from the island by the master of this vessel in violation of rights said to be exclusively given to the libellant by the Brazilian govern- ment to gather this phosphate, and the cargo had been sold, and the proceeds, by consent of libellant, paid into court to abide the event of this action : �It seenis that the adrairalty has jurisdiction to determine the own- ership of the cargo. It ucms, also, that the vessel would not be lialile for the wrongful act of the master in taking the cargo, in the absence of any authority or ratification of his acts by his owners. �Proceedings against a vessel and against her cargo, for causes of action growing out of the same transaction, may be joined. �In Admiralty. �Dan. Marvin, for libellant. �Goodrich, Deady e Platt, for claimants. ��� �