Page:Federal Reporter, 1st Series, Volume 5.djvu/225

ÏSB BTBASiEtt AWlfeàlIDiCK. ei& �Tisage or 'custoiQ of the port bf Lîverpool, or if the facts nec- essary for the conBideration of the case had to be proved by testimony to be taken in that port, there might be reasons for remitting the libellants to the courts of their own country; but as the facts necessary for the determination of the ques- tion raised are not disputed, and as the meaning of the con- tract seems to me perfectly clear and favorable to the party objecting to the jurisdiction, I have considered that in this case justice will be promoted by my exercising the jurisdic- tion which undoubtedly this court bas, and by now disposing of the case. Other questions, as to the form of the libel, have been raised by the claimants, but in the view I bave taken of the controversy, on its merita, ît is not necessary to pasB upon these questions. Libel dismissed. ���The Steambb Adieondage, �Wistrid Court, 8. D. New Tork. December 29, 1880.) �■ BaiiTagb^ Appobtionmbnt — ExpENSBS— Shabb of Steamer— EfTCHir- EEB— Taking Assignmbnt OF Seaman's Buabe. �Oïl apportionment of afund awarded by the court as salvage, which îs applied for by tlio master and part of the crew of the steamer ren- dering the service : �Hdd, that the owncrs are entitled to $750, to be re-imbursed out of the fund before it is apportioned, as indemnity for ail the expenses' and loss by reason of the salvage service. �That law expenses, incurred in the trial of the suit in which the amount of salvage was awarded, should not be included, as they were rendcred mainly unnecessary by the claimants having tendered, in their answer in that suit, and paid into court, ail that was properly due for salvage service. �That, foUowing the principle of admiralty courts favoring the claims of a steamer employed in a towage salvage service, a proper apportionment in the present case will be three-flfths of |6,750 — the fund remaining after deducting the owners' expenses of salvage serv- ice— to the owners of the steamer, as principal salvor, and two-flftha to the master and crew, as follows : $300 to the master, and the resi- due among the officers and crew, including the master, in proportion ����