The Victoria

(after stating ing the facts as above). The motion must be denied. From the statements in the several claims filed it is clear that the condition that obtained in the steerage was common, and, if these claimants are entitled to recover, other passengers may have equal right, and the court cannot say that, if 43 claimants are entitled to $£5,000, exclusive of costs, the remaining 145 would not be entitled to more than the difference be*331tween $45,000 and $79,821.60, the value of the ship and freight pending.

If the petitioner has a right to limit liability, it is the duty of this court to…