The Adolph
U.S. Circuit Court for the District of Rhode Island
In admiralty. A suit for the salvage of the said vessel and cargo having come into this court by appeal, salvage was decreed to the libellants, at the November term, 1839, and the residue of the proceeds of the saved property, after payment of the salvage, was, by the decree, directed to be retained in the registry of the court, to be paid to the owners of the property saved, or their lawful representatives.
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In admiralty. A suit for the salvage of the said vessel and cargo having come into this court by appeal, salvage was decreed to the libellants, at the November term, 1839, and the residue of the proceeds of the saved property, after payment of the salvage, was, by the decree, directed to be retained in the registry of the court, to be paid to the owners of the property saved, or their lawful representatives. When the proceeds of the sale were brought into court by the then marshal, who is no longer in office, one promissory note, given by a purchaser, remained unpaid. The marshal caused a…
1Opinion of the Court
CURTIS, Circuit Justice.
The duty of the marshal to pay this money into the registry of the court, as soon as he had received it, is clear. He had no power to adjust the account with the salvors, or pay them, or retain anything for his own services; these are all matters to be passed on by the court; and under its direction, and only by its authority, can any payments be made or allowances had. It may be added, that it is the duty of the court to see that its officer does pay into the registry money which he has collected for that purpose; and although the court cannot have .the necessary…
2Cited by1 opinion
- United States v. ConservaDistrict Court, E.D. New York · 1889