Page:Federal Reporter, 1st Series, Volume 9.djvu/224

 

275 TONS OF MINEEAL PHOSPHATES. 209 Two HuNDEBD AND Sbventy-Five Tons op Mineeal Phosphates. (District Court, E. D. New York. NoTember 7, 1881.) . Maritime Liens. Upon the arrivai of the vessel the phosphates in question were seized by the marshal, by virtue of process issued agaiust the property in a possessory action, and sold at auction as it lay., Eeld, that the purchaser had a reasonable time for unloading, but that for any longer detention the master was entitled to demurrage ; and that the claim for demurrage constituted a lien upon the property. In Admiralty. Goodrich, Deady e Platt, for libellant. Dan. Marvin, for claimants. Benedict, D. J. This is an action in rem to enforce a lien, elaimed by the libellant upon a quantity of minerai phosphates lately on board the brig Dauntless, for delay in removing the same from the vessel aforesq,id. The f acts are somewhat peculiar : The brig Dauntless arrived in the port of New York, from Brazil, laden witlji the phosphates in question, and was entered at the custom-house on the thirtieth day of July, 1881. Upon her arrivai the property was seized by the marshal of this district, by virtue of process issued against it in an action of possession brought by one James C. Jewett, who elaimed to be the owner of the property, and that it was wrongf ully detained by the master of the brig. In that action the property in question was thereafter sold by the marshal as it lay in the vessel. The terms of sale were as follows : " Cargo of the Dauntless to be sold as it is on board, and as 275 tors in weight, and this number of tons to be paid for to the marshal ; weight to be determined by the weigh-master's return, and purchaser to pay for any tons over 275 tons ; and the marshal will refund the sum per ton for weight short of 275 tons. Bids to be for the ton of 2,240 pounds. The weigh-masters to be appointed by the marshal. Terms, 20 per cent, on day of sale, and the balance to mstlje up the amount of 275 tons weight within three days after and before delivery of any cargo." The sale tooli place on >Vednesday, the eighth day of September. The claimants bid off the phosphates, and paid the 20 per cent, on the spot. On the 13th they paid the balance of the purchase money, and on that day removed 50 tons from the vessel. The discharging continued until the twentieth of September, when all was removed. The master of the vessel elaimed demurrage for the detention of his vessel after the eleventh of Sep- tember, and, being ref used, brings this action against the property to recover for sueh detention. Upon the trial the claimants endeavored to show an express agree- ment between them and the master to allow them eight days in which to remove the property, but the testimony bas not satisfied me of the v.9,no.e — 14 275 TONS OF MINEEAL PHOSPHATES. 209 �Two HuNDEBD AND Sbventy-Five Tons op Mineeal Phosphates. �(District Court, E. D. New York. NoTember 7, 1881.) �1. Maritime Liens. �Upon the arrivai of the vessel the phosphates in question were seized by the marshal, by virtue of process issued agaiust the property in a possessory action, and sold at auction as it lay., Eeld, that the purchaser had a reasonable time for unloading, but that for any longer detention the master was entitled to demurrage ; and that the claim for demurrage constituted a lien upon the property. �In Admiralty. �Goodrich, Deady e Platt, for libellant. �Dan. Marvin, for claimants. �Benedict, D. J. This is an action in rem to enforce a lien, elaimed by the libellant upon a quantity of minerai phosphates lately on board the brig Dauntless, for delay in removing the same from the vessel aforesq,id. The f acts are somewhat peculiar : �The brig Dauntless arrived in the port of New York, from Brazil, laden witlji the phosphates in question, and was entered at the custom-house on the thirtieth day of July, 1881. Upon her arrivai the property was seized by the marshal of this district, by virtue of process issued against it in an action of possession brought by one James C. Jewett, who elaimed to be the owner of the property, and that it was wrongf ully detained by the master of the brig. In that action the property in question was thereafter sold by the marshal as it lay in the vessel. The terms of sale were as follows : " Cargo of the Dauntless to be sold as it is on board, and as 275 tors in weight, and this number of tons to be paid for to the marshal ; weight to be determined by the weigh-master's return, and purchaser to pay for any tons over 275 tons ; and the marshal will refund the sum per ton for weight short of 275 tons. Bids to be for the ton of 2,240 pounds. The weigh-masters to be appointed by the marshal. Terms, 20 per cent, on day of sale, and the balance to mstlje up the amount of 275 tons weight within three days after and before delivery of any cargo." The sale tooli place on >Vednesday, the eighth day of September. The claimants bid off the phosphates, and paid the 20 per cent, on the spot. On the 13th they paid the balance of the purchase money, and on that day removed 50 tons from the vessel. The discharging continued until the twentieth of September, when all was removed. The master of the vessel elaimed demurrage for the detention of his vessel after the eleventh of Sep- tember, and, being ref used, brings this action against the property to recover for sueh detention. �Upon the trial the claimants endeavored to show an express agree- ment between them and the master to allow them eight days in which to remove the property, but the testimony bas not satisfied me of the v.9,no.e — 14 ��� �