Nine Hundred & Seventy-Nine Boxes of Sugar

BENEDICT, District Judge.

The mode of procedure adopted to bring before the court *260the question in dispute betweeñ these parties is unusual, and may as well be here stated, although no point has been made before me in respect thereto. The libel is filed by Henry J. Youngs & Co., consignees and holders of a bill of lading for 979 boxes of sugar, being the cargo of the bark Tantivy, against this merchandise and the master of the bark, who has upon a demand by the libellants refused to deliver the merchandise, except on payment of a balance of charter money, for which it is claimed the cargo is…