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creditor, so that, at the time of the and in due course of such suit it was
Held. That as that appeal, if suc- ings to protect themselves. David-
debt being for unliquidated damages,
and the creditor made no application
to have the amount fixed by an assess.
ment, and the bankrnpt objected that
the debt was not duly proved :
Held, That the objection was well
taken, and that the court was not
called on to order an assessment of
damages, unless the creditor applied
for it, Clough's Case,
debt in a bankruptcy proceeding, al.
leging that the debt was contracted
by fraud, and, on the examination of
the bankrupt, proposed to inquire as
to the facts constituting the alleged
evant. Wright's Case,
has commenced under an order applied
for by the assignee, the order will not
be vacated, because it was not applied
Costs, 1, 2.
by the sheriff as the property of D.,
blocks, let them to parties who were
sel which they had bought, at Nassau, destruction, attendeď with danger to
ground for sustaining an action in
on the result. The Circassian, 171
21 tain's wife and family and a sick
sailor, and agreed to keep by her, and
freight in New York, which must be of the bark for six days, at times
the object of all salvage reward ;
keeping on with the vessels when off
That 8500 was a reasonable salvage, That the court would allow twenty
ducted on account of such mistake;
ship, which is on fire and in danger of owners of the brig the expenses in-
curred in performing the salvage, and the schooner had refused to pay moru
that sum without costs. That, if the
See Bill of LADING, 2.
vessel, saw another vessel on fire 1. Where seamen served a few days on
Held, That, as the owner of the giving security for costs, and the
fore, they must file security for costs.
back, and, on the voyage back, the
464 was not to be found, having gone
ashore, without leare, to get some arti.
vage, for service rendered by a steam- had previously taken ashore to be
the vessel, and demanded his wages:
511 the twenty-fifth section of the Act of
August 18th, 1856.
but two or three hours, that another seaman, nor the fact that he was ab.
3. Where a libel was filed for seaman's
wages, and the answer set up that the
Held, That the defence was pay-
That the duty of the steamboat not
That that duty was the same after
That the steamboat was guilty of
SALVAGE, 5, 6.
UNITED STATES OFFICER.
1. A receiver of a national bank, ap-
pointed under the thirty-first section
of the National Banking Act (13 Stats.
claim which was due to the bank at
and with the approbation of the Sec-
retary of the Treasury, for the frac-
tional currency counter of the Trea-
sury Department, at Louisville, is an
officer of the United States, within the
meaning of the Constitution of the
United States, and of the statutes of
the United States in regard to officers
charged with the safe keeping of the
The U. S. v. Bloom-
See Bill OF LADING, 1.
tendered him at the time of the sert.
If there is an adjournment, he is en-
titled to be paid his attendance fee for
the adjourned day, and travel fees, if
it is reasonable for him to return home.
If the fees are not paid and the wit-
ness attends, the fees are to be col-
lected as in ordinary actions. id.
4. A bankrupt under examination as a
witness, has no absolute right to con-
sult with his counsel respecting the
answer to be made to a question pro-
pounded to him, and to put in, as such
answer, an answer prepared by such
counsel, as the result of such consulta.
tion; but he may advise with his coun.
sel concerning his answers when the
register can see cause therefor. Juil.
fees for attendance under an order that
he be examined as to his debt. ky
See ARRE 2.
PRACTICE IN BANKRUPTCY, 12.