The Beaconsfield

On Certificate from the Circuit Court of Appeals for the Second Circuit.

This case, which is an outgrowth of that of The Britannia, 153 U.S. 130, 14 Sup. Ct. 795, arose upon a certificate of the circuit court of appeals touching the liability of the Beaconsfield to respond for a moiety of the loss upon her cargo by reason of her collision with the Britannia. The questions certified are based upon the finding of facts printed in the margin.

Upon this state of facts, the court of appeals certified to this court for its decision the following questions: (1) Whether, in entering said final decree, condemning each vessel in a moiety of said damages, the circuit court obeyed the mandate of the supreme court.

(2) Whether, upon the above statement of facts, the libelant Albert W. Sanbern was entitled to a final decree condemning the steamship Beaconsfield, her engines, tackle, apparel, and furniture, in a moiety of the cargo damage, amounting to $31,526.64, as adjudged in the said final decree.

(3) Whether, upon the above statement of facts, the libelant Albert W. Sanbern was entitled to judgment against William Libbey, surety, n the sum of $23,000, as directed by the said order of June 12, 1894, and as adjudged in the said judgment entered pursuant to the said order, and filed June 12, 1894.

J. Parker Kirlin, for the Beaconsfield.

Wm. G. Choate and Sidney Chubb, for Albert W. Sanbern.

Mr. Justice BROWN, after stating the facts in the foregoing language, delivered the opinion of the court.