24 F. Cas. 535 | U.S. Circuit Court for the District of Southern New York | 1857
Upon the proofs, 1 am satisfied that the decree of the court below in favor of the libellants was correct and should be affirmed. The questions presented on the appeal relate more particularly to the amount of damages. It is to be observed, in the first place, that this is a proceeding in rem, the owners appearing to defend, as claimants, on entering into the usual stipulation. Therefore, no decree can be rendered personally against them, except as stipulators in the suit; and, of course, only to the amount provided for in their stipulation. Hence, the decree in this case, so far as it affects the owners personally, is properly limited to that amount, • and, also, to the two owners. Spofford and Tileston, who were the only parties to the stipulation. In other words, the decree as against them is for the $4.000 and costs.
Tim question, therefore, as to any further liability, turns upon the validity of the subsequent order to redeliver the vessel into
This view is strengthened by the provisions of the act of March 3, 1847 (9 Stat. 1S1). which provides that, in case of a warrant against the vessel, or other process in rem, it shall be the duty of the marshal to stay the execution of the process, or to discharge the property arrested, if the same has been levied on, on receiving from the claimant a bond or stipulation in double the amount claimed by the libellant. 6cc. According to the terms of the act. the tender of the proper security in time would seem to prevent even the. arrest of the vessel, and, of course, in such a case there could be no claim to a redelivery.
1 agree, that if there has been any mistake or fraud committed in entering into the stipulation, and the vessel has been improvi-deutly discharged, it would be competent for the court to relieve the parties concerned, •on an application, within a reasonable time, by ordering the vessel back into the custody of the officer. But that is wholly a different question from the one now under discussion.
Then as to that part of the decree or order which requires the claimant to pay in a portion of the purchase money. If the vessel is not subject to the exercise of this power of the court, to be redelivered into the custody of the marshal, to be applied to the payment of the damages, it follows that the proceeds of a sale are not. They cannot, in this respect, be distinguished from the vessel herself.
I must, therefore, reverse the decree or order directing the redelivery of the vessel, or the payment of the $10,000 into the reg. istry, and affirm the decree against the stip-ulators.