United States as the agent of Little should direct, and THE there receive her cargo. There were other provisional SOCIETE, stipulations, and it was agreed that the freight on the MARTINreturn cargo should be a sum specified in the charterparty, which exceeded what would have been paid as MASTER. freight on the return cargo alone had it been totally unconnected with the outward voyage. On her voyage to Amelia Island, the Societe was captured by an armed vessel of the United States, and brought into the district of Georgia, where the cargo was libelled and condemned as enemy property. A claim for freight was interposed by the master of the Societe, and the district judge appointed commissioners to ascertain the value of the freight on the voyage to Amelia Island, and decreed freight conformably to their report. The Claimant of the cargo and the master of the ship both appealed to the Circuit Court, where the sentence of the district judge was, in all things, affirmed. From that sentence an appeal was prayed to this Court. The cases already decided in this Court on the questions of domicil and trading with the enemy having completely settled this case, so far as repected the claim to the cargo, that part of the sentence is affirmed without opposition. On the part of the master, it is contended, that his right to freight ought to be measured by his charterparty, not by any estimated value of the freight on the voyage to Amelia Island. Had the charter-party contained any stipulation for freight to Amelia Island, that stipulation would unquestionably have governed the Court. But the outward cargo was to be delivered freight free. So far, then, as the case is controlled by the express stipulations of the charter-party, the vessel is entitled to the whole freight on a return cargo never taken on board, or to nothing. The Court knows of no case of capture where the SON, SON, THE neutral vessel has been allowed freight for a cargo not SOCIETE, taken with her. There is no lien on one cargo for MARTIN freight which may accrue on another. The Court can perceive no principle on which a cargo to be delivered MASTER. freight free can be burthened with the freight agreed to be paid on a cargo to be afterwards taken on board. In this case, too, no sum in gross is to be paid for freight, but a sum depending on the quantity and quality of the return cargo. As between the captor and neutral owner, the Court cannot consider this as one entire voyage, but as distinct outward and inward voyages. If the claim to freight on the return voyage, not com-, menced at the time of capture, cannot be sustained, the Court perceives no other rule which could have been adopted than that which the district Court did adopt. Freight has been allowed on the whole voyage to Amelia island as on a quantum meruit. The captors not having appealed, no question can arise on the propriety of having allowed the ship any freight whatever. The Court, however, will say that it is satisfied with the allowance which is made, and which is certainly an equitable one. The sentence is affirmed with costs. The officers of the Rattlesnake and Enterprize, armed vessels of the United States, offered a petition to this Court to be permitted to claim for themselves and their crew a share of the prize in the case of the Societe ; alledging that they are entitled equally with the officers and crew of the Gun-boat by whom the said cargo was libelled; which petition was rejected, and the claim was not received; it being the opinion of this Court that the claim of the petitioners must be made in the Circuit Court, to which the cause is remanded. 1815. Feb. 25d. THE UNITED STATES v. GILES AND OTHERS. Absent....TODD, J. If a marshal before the THIS was a case certified from the Circuit Court for date of his off the district of New York, in which the opinions of the Judges of that Court were opposed upon ten questions U. STATES of law arising out of a special verdict. 0. GILES execution, mo United States, It was an action of debt brought by the United States & OTHERS. against Giles, late marshal of the district of New York, and his sureties, upon his official bond, dated the 9th of cial bond, reJanuary, 1801, the condition of which was as follows: ceive, upon an "Whereas the above bound Aquila Giles hath been ap- ney due to the pointed the marshal, in and for the New York district with orders in pursuance of the act, entitled "an act to establish the from the judicial Courts of the United States," Now, therefore, comptroller to pay it into the the condition of the preceding obligation is such, that if bank of the U. the said Aquila Giles shall, by himself and by his depu- States, which ties, faithfully execute all lawful precepts directed to the he neglects to marshal of the said district under the authority of the ties in his offiUnited States, and true returns make, and in all things cial bond, exewell and truly and without malice or partiality, perform wards, are not the duties of the office of marshal, in and for the said liable therefor district of New York, during his continuance in the said upon the bond, office, and take only his lawful fees, then the preceding obligation to be void, or else to remain in full force and virtue." The Defendants pleaded performance. The replication set forth six breaches of the condition of the bond. do, the sure cuted after although the money remain in the marshal's hands after the execution of the bond. Quere? Whether the sureties in a marshal's bond ecution of his in the said of cution which 1. That the United States having, in May, 1799, re- conditioned for covered judgment in the district Court against one John the faithful exLamb for the sum of 127,952 dollars and 99 cents, debt, duty, "during and 20 dollars damages, a writ of fieri facias, was there- his continuance upon issued and delivered to the Defendant, Giles, then fice" are liable being marshal, upon which he returned in August, 1799, for money rethat he had taken goods and chattles to the value of 50 after his remoceived by him, dollars, which remained unsold for want of buyers, val from office, whereupon a writ of venditioni exponas and fieri facias, upon an exewas issued and delivered to the said Defendant, Giles, on remained in his the 9th of January, 1800, by virtue whereof he sold the hands at the said goods and chattles for 50 dollars, which sum he re- removal. ceived; and also, by virtue of the said writ, sold lands The comptrolof Lamb to the amount of 60,000 dollars, which sum he ler of the treasury has a right received and continued to hold until the 1st of February, to direct the 1801, when he converted the same to his own use, con- marshal to trary to the tenor and effect of the condition of his said pay money rebond. time of such whom he shall ceived upon U. STATES บ. GILES 2. That by virtue of the said writ, the Defendan Giles, on the 17th of September, 1800, sold other land of Lamb, for 60,000 dollars, which he received on th & OTHERS. 20th day of January, 1801, and on that day converted th same to his own use, contrary to the tenor and effect o execution, and the condition of the bond. a payment according to such directions is trial without 3. That on the 17th of December, 1800, the comptrolgood, and it ler of the treasury of the United States directed the Deseems he may avail himself fendant, Giles, to pay into the office of discount and deof it upon the posit of the bank of the United States, at New York, to having submit- the credit of the account of the treasurer of the United ted it as a claim States, all such sums of money as should be made from to the account the property of Lamb, by virtue of the aforesaid writ. ing officers of the treasury. That the Defendant, Giles, afterwards, on the 23d of No debtor of December, 1800, by virtue of that writ sold other lands can, at the tri- of Lamb, to the amount of 60,000 dollars, which he real set off a ceived on the 15th of January, 1801, but has not paid the debt due to same, nor any part thereof, into the said office of dishim by the U. count and deposit in the manner directed, contrary to States, unless the tenor and effect of the condition of his said bond. the U. States claim for a such claim shall have been the accounting submitted to 4. That on the 1st of February, 1801, the Defendant, officers of the Giles, being marshal as aforesaid, had in his hands as treasury and marshal, 14 bonds, the property of the United States, jected, except (particularly described) and on that day converted the in the cases same, to his own use, contrary to the tenor and effect of provided for the condition of his bond aforesaid. by them re by the statute. 5. That the Defendant, Giles, having, in September, 1800, made the sum of 309 dollars and 87 cents, by vir tue of a fieri facias, in behalf of the United States, against one Richard Capes, and having received the same, converted it to his own use on the 1st of February, 1801, contrary to the tenor and effect of the condition of his bond. 6. That the Defendant, Giles, having so received all the several sums of money before mentioned, retained the same in his hands until the 27th of March, 1801, when he was duly removed and dismissed from his office of marshal, and ceased to be marshal of the New York district, and has retained the said several sums of money in his hands ever since. That on the 2d of June, 1804, he was duly notified according to law, by the comptrol ler of the treasury of the United States, to render to the U. STATES auditor of the treasury of the United States on or before the 10th of October, then next, all his accounts and GILES vouchers for the expenditure of all monies received by &OTHErs. him as marshal of the New York district, but he has never rendered the same; contrary to the tenor and effect of the condition of his bond aforesaid. The Defendants rejoined, 1. To the first breach, that the Defendant, Giles, received the sum of 50 dollars, and sold the lands of Lamb for 30,000 dollars and no more. That by the orders of the comptroller of the treasury of the United States, he received on the 10th of December, 1800, from the purchasers 11,000 dollars, and no more, in cash, in part of the said sum of 30,000 dollars, and took from them, by the like orders of the said comptroller, their respective bonds and mortgages, 30 in number, for 19,000 dollars being the residue of the said sum of 30,000 dollars. That on that day the United States were justly indebted to the said Giles, in the sum of 20,000 dollars, for money paid by him at their request for their use, and for fees justly due by them to him as marshal, and for services perform ed by him for them at their request, when he retained in his hands the said sums of 50 dollars, and 11,000 dollars, as it was lawful for him to do, in part payment and satisfaction of the sum of 20,000 dollars so due to him from the United States, and then and there delivered to the United States, the said several bonds and mortgages in full payment and satisfaction of the said residue of the said sum of 30.000 dollars. Without that, that he converted to his own use the said sums of 50 dollars and 60,000 dollars, in the replication, in assigning the first breach mentioned, or any part thereof in manner and form, &c. any otherwise than by retaining the said sums of 50 dollars and 11,000 dollars as aforesaid. 2. To the second breach, they say, that on the 17th of December, 1800, the Defendant, Giles, by virtue of the said writ, sold other lands of the said Lamb for the sum of 29,383 dollars and 30 cents, and no more, and that by order of the comptroller he received from the purchasers only the sum of 10.000 dollars, and took their bonds and mortgages, 30 in number, for the p pay |