Page:Federal Reporter, 1st Series, Volume 8.djvu/652

 €38 FEDSAAL BSFOBTSIl. CoYNB, Guardian, etc., v. Caples. {District Court, D. Oregon. August 25, 1881.) 1. ExcLusivB Use of Vesskl bt a Part Ownbr. A part owner of a vessel is not entitled to her exclusive use without giving Becurity to his co-owner. 2. Profits from Use of Vbssbi,. Where a part owner of a veaael employs her on his own account and risk, the other part owners are not entitled to a share of the profits arising from such employaient. 3. COMPUIjSORY 8AI/B of VBSSEt,. Where the equal part OWners of a vessel cannot agree concerning her use and employaient, a court of admiralty has jurisdiction, upon the application of either party, to compel a sale of the same and divide the proceeds between the owners ; but, where the disagreement arises between unequal owners, the jurisdiction is, though without good reason, doubted and demed. In Admiralty. C. J. McDougall, for libellant. Addison C. Gibbs, for defendant. Deady, D. J. The libellant J. P. Coyne bringa this suit for him- self and his ward, George T. Coyne, to procure a sale of the steam- boat Gazelle, and a division of the proceeds between himself and his equal part owner, Hezekiah Caples. The testimony concerning the circumstances or agreement under which Caples came into possession of the vessel is conflicting, but the facts appear to be as follows :

In December, 1880, and for some time previous, the stern-wheel steam-boat, of 150 tons burden, called the Gazelle, was licensed and enrolled at this port and owned by J. P. Coyne, Greorge T. Coyne, and Omer J. Bryant — the latter hav- ing one-half, J. F. Coyne one-sixth, and George i. Coyne one-third interest, when Bryant sold his interest to Caples for $1,500. The employment of the vessel had not beeu profitable, and the boat then owed J. F. Coyne $509.60 on account of money expended by him in payment of her expenses beyond bis share, and was in debt to Harvey Higley, the engineer, the sum of $250 for wages. On December 23d Caples paid Coyne for said Bryant said sum of $509.60, and agreed to pay Higley said $250 within a year — the latter agreeing to release his claim against Coyne, or his interest in the boat therefor ; and said Caples and Coyne, in consideration of the pretuises, and that the former woald give security to pay said Higley's demand, and keep the boat in good order and free from debt, agreed that said Caples migbt take said boat into his possession, and manage and employ her where and as he pleased. In pursuance of this agreement, and with the consent of Coyne, Caples had the macbinery of the vessel repaired at a cost of not exceeding $500, and then, without giving any bond to the former, tools her down the Columbia river, and had her enrolled at the port of Astoria, with himself as managing owner, where she has siuce