his claim. When the state court has disposed of the property, then the libelant can pursue his remedy in rem against it, without regard to the proceedings in the state court. The motion of the claimant is granted to this extent: that the marshal be ordered to deliver possession of the property to the assignee in the insolvency proceedings, from whom he obtained it. The costs will be divided equally between the parties.
THEHEKLA. NATIONAL STEAMSIDP CO., Limited, v. THE HEKLA. (District Court, E. D. New York. July 7, 1894.) 1.
SALVAGE COMPENSATION-STEAMSHIP WITH BROKEN THRUST SHAFT.
A steamship on the Atlantic ocean, with her thrust shaft broken, must be considered as in a position of peril, although the shaft may be temporarily mended on board; and towing her into port is a meritorious service, entitled to a liberal reward.
A steamship worth. with her cargo, $213,300, and having 843 passengers on board, broke her thrust shaft on the Atlantic ocean, and was towed to New York by another steamship, worth $200,000, having a cargo valued at $248,000. and freight amounting to $13,510. The towage occupied nine days, and was sklllfully rendered, in rough weather, at an expense of $3,681.05. Held, that $30,000, with the expenses, was a reasonable reward. A shipper. whose cattle suffer damage by reason of their detention on board during the extra time consumed in rendering salvage services is not entitled to share in the compensation. Goldsmith v. North German Lloyds, 23 I:!'ed. 820, followed.
/:lAME-RIGHTS OF CARGO OWNERS.
This was a libel by the National Steamship Company, Limited, against the steamship Hekla, her cargo and freight money, to recover for salvage services. The owner of cattle forming part of the cargo of the vessel rendering the services intervened, claiming to be entitled to share in the salViage award, John Chetwood, for libelant. Wing, Shondy & Putnam, for claimants. Butler, Stillman & Hubbard, for intervener. BENEDICT, District Judge, This is an action to recover salvage compensation for services rendered the English steamship Hekla by the National steamship America in April, 1893. The Hekla, being a steamship of 2,113 tons, bound to New York, having a cargo on board consisting in part of exhibits for the World's Fair, and843 passengers, on March 24th, when about 1,500 miles from New York and 250 miles from St Johns, Newfoundland, broke her thrust shaft. The shaft was repaired, and on the evening of the 25th the steamer proceeded undel,' steam towards New York, On the 27th a council of the .officers of the steamer was held, at which it was decided to accept
the. first; aBsistlmd! offered, ',Ifas the ship,:: during houts-,. had only;tirrBJdBill:16 miles, in.: calm· weather; .and the' first' amdseoond engineers declared it would not be advisable to make more revolu" tions,. : If' axbd also ,that the repaired $haft . 'might again break." ','. she signaled the steamship Normandie, bound to York, but· assistancer:was refused her, and she proceeded slowly. On April' 1st the to the shaft gave waY,and the· ship, lying in the trough of the sea and rolling heavily, became helpless. About 12 hours afterwards she signaled the steamer America, a steamer of the National Line, bound to London. At her request the America lay by her, the' heavy weather making it impossibleto:make untilf\pri13d, towline was made fast, and the America proceeded to tow the Hekla towards Halifax. Meanwhile, an' att-em:pt to again' repair 'the thrnst shaft was being succeede.d in enabling steam to be used.,At the remade, questot"fhe Hekla the America then:ehanged her course for New York, , th'e'.engineof rtheHeklaassisting at moderate speed. On Aprillth th'e repairing to the shaft ag'll'i.'n and .the engines of the Hekla stopped. For the third 'time, repairs to the shaft were ul:li!lertal}en, tAe to New York,.,' OIl Aprll.7th, wheu',tb;esteamarhad pilot ground, the i·epaiNNo the shaft weteicompleted;but the Hekla did not con. .,.w ,.u*til 'aft.e.r.. .. ' i!ot ken h.. . .. Wh.iCh was on ne.ct b:er.. . the the used her steam until the towing lines of the America were ,filIally cast. off, near the Sandy Hook light, and .went up to Quarantine ,under her own America proceeded to her wharf in New York,took)n'f!resh coa',an:d fodder,9J1dshortlyafter resumed her voyage forL6ndon; having disburs&4fbr port bills, $3,681.05. Much of the time during the rendition of this B.0.r.v,lce· by Jl:ill.f;\dAIl)eljica :,the ,weather was heavy:; part of the time tbe wind. blpw;iflg;a gl:lJe,.in which the Hekla's. line parted. The Jlekla was in., sAort of,proyil3ions,.and was supplied with beef; milk;I;}:n),tter,etc'j' by the AmeriQll. The value of the Hekla, in her condition on arrival, was $70,000; the value 'of the cargo of Ohicago exhibits, $90,400; the value of sundry merchandise, $52,900; rendering the total amount 'subject to salvage $213,300. The value of the America was $2·00,000; and she had a cargo valued at $248,000, and freight amounting to $13,510. That a meritorious salvage service was rendered by the America to' the Hekla'is' hot but the claimants insist that a very be allowed, ,upon the ground that the Mt \ilSaplecrb,the breaking of her thrust shaft and only req\'1ired exped.ite her progress. This propoSition is b3;sed Hekla's shaft was repaired, and able to >wotk;by :New York. Reference'is made ttAhe case navigated: safely into, ! port, a hiiles', with 'ffJ:l1ended shaft,withdUt assistance; agree that this is a case of ttccelerationt !ftlr' while it is true- !tb'at the'Umbria was· navigated