the master; $150 for the first officer, Chichester; $50 for the three seamen who were put a:board :the for the other officers and, pleA pnboard, the steameJ,', to,Qe distributed ipproportion to their' wages; and the residue, $3,215.24,' to the'owners of the Seminole, besides the $2,881).46 expenses abo'te mentioned. A,9-ecree may l;>e entered in accordance, )J.erewith.
, 'rIlE S. PETRIE v. NEWARK
MORRis. 1 WORKS v. SAME.' pecember 16, 1893.)
(Dilltrict Court, S. D. New York.
TOWAGE-STRANDING-OUT OF CHANNEL.
For upon rocks outside of the channel way at low Jide without excuse, '8.' tUgboat is liable' to tow.
MAYOR, ETC., OF CITY OF NEW YORK v. WHITE et al' (District Court, S. D. New York. December 26, 1893.)
PRACTICE-JOINDER IN REM AND ·IN PERSONAM-REVIVAL OF SUIT AGAINST CLAIM.
'When process in a collision case was issued against both vessel and owner, and the owner afterwards died, and his executor qualified, and was thereafter discharged, and some 19 years after the collision ,the libelant moved to revive the suit against the personal defendant by bring-, Ing in the executor, It was held that the motion should be denied.
In Admiralty. Motion to revive suit denied. Jas. M. Ward, Asst. Corp. Counsel, for libelant. John C. McGuire, for defendant. BROWN, District Judge. An examination of the libel, filed January 14, 1874, shows that it was brought for a collision between the steamboat Americus, then belonging to the defendant, R. Cornell White, and the libelant's steam propeller Hope, used by the department of public charities and correction. The process was in rem against the vessel, and in personam against the owner. The vessel was arrested, and released on stipulation. The defendant in personam answered, among other things, that he was improperly joined as a defendant. The owner afterwards died; his executor qualified in 1884, and was discharged by the surrogate in 1886. The libelant now moves that the action be revived as respects the personal defendant, by bringing in his executor. Had the joinder of the defendant in personam been excepted to after the arrest and release of the vessel in rem, the exception would have been sustained, as such a joinder is not allowed by the rules of the supreme court in an action for collision. This is a sufficient reason, aside from the discharge of the executor long since, why no order for the revival of the action as against any executor should be allowed. The action in rem can proceed upon notice to the former executor and to the sureties, unless on their motion it be dismissed for laches and want of prosecution.
THE ITALIA.' KANTER v. THE ITALIA. (District Court, S. D. New York. December 28, 1893.)
BHIPPING - DAMAGE TO CARGO-RATS-NoTICE TO SHIPOWNER-DUTY TO TAKE DUE PRECAUTIONS.
Considering the well-known liability of lead pipe to be gnawed by rats, when a vessel has already suffered from such cause, and it is found that the rats cannot be SUbdued, reasonable prudence requires that the pipes which run amidst cargo liable to suffer water damage, and not open to inspection during the voyage, should be protected by a hard metal covering, or be replaced entirely by iron pipes. Failing such precaution, the liability to such water damage is at the risk of the ship.
Reported by E. G. Benedict, Esq., of the New York bar.