Legal Opinion
Hanson v. The Scottish Dale
District Court, D. Washington
Decided January 14, 1895No. 858Published
In Admiralty. Libel in rem to recover $100,000 for a salvage service. After the issuance of a monition and attachment, and arrest of the vessel thereunder, without the formal appearance of any claimant, the case was dismissed in consideration of $7,500 paid in satisfaction of the demand. In settling the costs, a question was raised and submitted to the court as to whether the marshal became entitled to a commission on the amount sued for or on the amount paid.
1Opinion of the Court
HANFORD, District Judge.
The question submitted to me involves a construction of the following subdivision of section 829 of the Revised Statutes:
“When the debt or claim in admiralty is settled by the parties without a sale of the property, the marshal shall be entitled to a commission of one per centum on the first five hundred dollars of the claim or decree, and one-half of one per centum on the excess of any sum thereof over five hundred dollars: provided, that when the value of the property is less than the claim, such commission shall be allowed only on the appraised value thereof.”
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2Cases cited3 opinions
- Smith v. The Morgan CityDistrict Court, D. South Carolina · 1889
- Robinson v. Fifteen Thousand Five Hundred & Sixteen Bags of SugarDistrict Court, E.D. New York · 1888
- The ClintoniaDistrict Court, E.D. Louisiana · 1882