Page:Federal Reporter, 1st Series, Volume 9.djvu/610

' six bvndbed ions 07 ibon obb. 595 �Six Hundebd Tons op Ieon Ore. {Digtriet Court, D. New Jersey. December 10, 1881.) �1. FORFEITHRES— LiBNB POR FhEIGHT. �Where freight is earned before the government makes its election whether to declare the merchandise, of which a false and fraudaient entry bas been made, forfeited, or to recover its value by suit against the parties making the entry, and the former proceedlng is flnally chosen and the property ia sold, held, that such freight must be paid out of the proceeds of the sale, the owuers of the vessel having no knowledge before it was earned of any ofEence, com- mitted or premeditated. �2. BaMB — DBIilVBRT. �Manual delivery of the cargo by the ship-owners to the consignees does not, of itself , operate necessarily to discharge their lien for freight. Where the in- tent of the ship-owners in making such delivery is to discharge the cargo, and not to deliver it, their lien for freight remains in full force. �, Jas. K. Hill and Wing e Shoudy, for petitioners. �A. Q. Keasbey, U. S. Atty., for the Government. �Nixon, D. J. The petition is filed in this case by the owners of the steam-ship Italia, of the Anchor Une, to recover from the pro- ceeds of the sale of a quantity of iron ore, now in the registry of the court, the sum of $1,305.61, as freight for the transportation of said ore in the Italia from the port of Almeira, in Spain, to the port of New York. The ore was shipped at Almeira by one Joseph Kibiera, about the ninth of March last, and was to be earried to New York and delivered to Messrs. Schenck & Co., for the freight of nine shillings British ster- ling per ton of 2,000 pounds weight, and the ui^ual bills of lading were executed therefor. Before its arrivai there Schenck & Co. entered into a written contract to sell the cargo to Joseph K. Wells. The ore was guarantied to be not less than 55.56 of iron and 3.42 of manganese, making a total metallic yield of 58.98. A deduction of 10 cents per unit per ton to be made for any less percentage, and 10 cents per unit per ton added for any excess ; the analysis to be determiued from sample to be drawn from the cargo as discharged, and to be analyzed as received. The price agreed upon was $5.90 per ton, duty and all charges paid, and to be delivered to the purchaser from the ship at the harbor of New York, and to be paid for — one-half cash on deliv- ery of oustom-house permit, and the balance on presentation of United States weigher's eertificate of weight, and certifioate of sampling and analysis. On the date of the execution of the contract Wells paid $200 on account, and in advance of the approximate one-half to be paid by him on the delivery of the custpm-house permit; the said ��� �