About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

Siren, The U.S. 152 (1869)

handle is hein.slavery/ussccases0388 and id is 1 raw text is: THE SIREN. [Sup. Ct. Statement of the case. The judgment of the Supreme Court of the State of New York is REVERSED, and the cause remitted to that court with instructions to enter JUDGMENT FOR THE PLAINTIFF IN ERROR. THE SIREN. 1. A claim for damages exists against a-vessel of the United States guilty of a maritime tort, as much as if the offending vessel belonged to a private citizen. And although, for reasons of public policy, the claim can- not be,enforced by direct proceedings against the vessel, yet it will be enforced, by the courts, whenever the property itself, upor which the claim exists, becomes, through the affirmative action of the United States, subject to their jurisdiction and control. The government, in such a case, stands, with reference to the rights of the defendants or claimants, as do private suitors, except that it is exempt from costs, and from affirmative relief against it, beyond the demand or property in controversy. 2. By the admiralty law, all maritime claims ppon the vessel extend equally to the proceeds arising from its sale, and are to be satisfied out of them. These principles were thus applied: A prize ship, in charge of a prize master and crew, on her way from the place of capture to the port of adjudication, committed a maritime tort by running into and sinking another vessel. Upon the libel of the gov- ernment, the ship was condemned as lawful prize, And sold, and the proceeds paid into the registry. The owners of the sunken vessel, and the owners of her cargo, thereupon intervened by petition, asserting a -Wir upon the proceeds for the damages sustained by the collision: Bold, that they were ertitled to have their damages assessed and paid out of the proceeds before distribution to the captors. 3. The District Court of the United, States, sitting as a prize court, may hear and determine all questions respecting claims arising after the cap- ture of the vessel. APPEAL from the District Court for Massachusetts. The steamer Siren was captured in the harbor of Charles- ton in attempting to violate the blockade of that port, in February, 1865, by the steamer Gladiolus, belonging to the navy of the United States. She was placed in charge of a prize master and crew, and ordered to the port of Boston

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most