Page:Federal Reporter, 1st Series, Volume 2.djvu/881

874 FEDERAL REPORTER. �The position taken by the libellant hostile to any daim on their part makes it improper, even if it would be regular, that their shares should be paid over to him or the owners, and that they should be remitted to an action to recover them. No reason is shown why the crew should not, as in other eases of salvage, participate in the recovery. The court will make no order that shall appear to be a deniai of their right. If such a reason exists it should be shown in this court, and upon notice to them upon proceedings duly taken for an ap- portionment. �Let a decree be entered that the libellant recover the amount of the tender on behalf of himself and the owners, and ail others who may be interested therein, including the erew; the same to remain in the registry of the court subject to a final order of distribution to be made pursuant to pro- ceedings to be instituted therefor by the libellait or any other party interested. ���MoWiLLiAMS V. Thb Stbam-Tug Vim and Schooner Spartel. �(District Court, 8. D. New York. May 15, 1880.) �COLI.IBION — LiBEL — ESBENTIAI. AVEKMBNTS — AdMIRALTT BUIiB 23. �In Admiralty. �S. H. Valentine, for the steam-tug. �W. W. Goodrich, {Mr. Deady,) for the schooner. �E. D. McCarthy, for libellant. �Choate, d. J. This is a libel brought by the owner of the canal-boat Captain Geo. M. Wright to recover damages for a collision. The libel alleges that the steam-tug Vim, on the fifth day of March, 1880, was proceeding up Long Island Sound, bound from New York to Glen Cove, having in tow the libellant's canal-boat on her port side, and two other boats or barges on her starboard side, when, at about 2 o'clock in the morning, and when two-thirds of the way, or nearly that, between Hart's island and Sand's Point, the said tug came into collision in mid-channel with said schooner Bpartel, bound to New York, so that the Spartel struck libel- ����