The Hibernia
District Court, D. Massachusetts
The libellants in this case were defendants in the case of U. S. v. Givings [Case No. 15,-212]. Immediately after their acquittal, Davidson and twelve others of the seamen promoted a libel in rem, in a cause of subtraction of wages, against the Hibernia.
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The libellants in this case were defendants in the case of U. S. v. Givings [Case No. 15,-212]. Immediately after their acquittal, Davidson and twelve others of the seamen promoted a libel in rem, in a cause of subtraction of wages, against the Hibernia. The facts were the same as those already given in U. S. •v. Givings, with the addition, that at the time of the difficulty at Port Louis, and the imprisonment of the libellants, each of them had an interest in the proceeds of the cargo, of from $150 to $300; and at that time, lie ship was nearly full,, and she took no oil afterwards. The…
1Opinion of the Court
SPRAGUE, District Judge.
In the execution of admiralty process in rem, the officer should take actual and manifest possession, and hold it in such manner, that inquirers and observers may learn, or see, that he ha» such possession.
It is not necessary to decide, in this case, whether after such an arrest and possession, the officer must have some person on board, ■or near the vessel, during the whole time for which he charges fees. It is sufficient to say, that no proper arrest and possession have -been shown. The officer may so act, as to become responsible to both parties, for the…
2Cited by2 opinions
- Utah Liquor Control Commission v. WoorasUtah Supreme Court · 1939
- The CondorDistrict Court, S.D. New York · 1912