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THE SAN PEDRO, 223 U. S. 365 (1912)

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U.S. Supreme Court

The San Pedro, 223 U.S. 365 (1912)

The San Pedro*

No. 155

Submitted December 22, 1911

Decided February 19, 1912

223 U.S. 365

Syllabus

The manifest object of the fifty-fourth rule in admiralty cannot be defeated solely because its enforcement might involve expense, delay or inconvenience.

The limited liability proceedings under § 4283 et seq., Rev.Stat., is chanroblesvirtualawlibrary

Page 223 U. S. 366

in its nature exclusive of any separate suit against an owner on account of the ship. The monition which issued after surrender and stipulation for value requires every person to assert his claim in that case.

One having a claim for salvage against a vessel whose owners have instituted proceedings under § 4283 et seq., Rev.Stat., cannot proceed in admiralty in a separate suit, and must prove his claim in the limited liability proceeding.

The issuing of an injunction in the limited liability proceeding is not necessary to stop proceedings in other courts on claims against the vessel or its owners. Power to grant an injunction exists under § 4283, Rev.Stat., but when the procedure required by Rule 54 has been followed, the monition itself has the effect of a statutory injunction. Providence & N.Y. Steamship Co. v. Hill Mfg. Co., 109 U. S. 578.

Quaere whether liability for towage into port of a vessel after collision is a claim like one for repairs by reason of the collision for which the owners of the injured vessel may recover from guilty colliding vessel.

Under 4283, 4284, Rev.Stat., as amended by § 18 of the Act of June 26, 1884, 23 Stat. 55, c. 12, any and all debts and liabilities of the owner incurred on account of the ship without his privity or fault are included in the limited liability proceeding, including claim for salvage after collision. Richardson v. Harmon, 222 U. S. 96.

Quaere whether a highly meritorious salvage service, benefiting alike the owner and creditors of a vessel, is entitled to preference from the fund.

The facts, which involve the construction of the statutes limiting liability of vessel owners and practice and procedure thereunder, are stated in the opinion. chanroblesvirtualawlibrary

Page 223 U. S. 370





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