The Fredericka Schepp

Citations

• 195 F. 623
• 1912 U.S. Dist. LEXIS 1663

Syllabus

<p>1. Shipping (§ 16*)—Forfeiture op Vessel poe False Registry.</p> <p>In case of the forfeiture of a vessel for false registry, under Rev. St. §§ 4143, 4163, or 4189 (U. S. Comp. St. 1901, pp. 2S09, 2825, 2836), the forfeiture dates from the time of seizure, and not from the date of the illegal act.</p> <p>TEd. Note.—For-other cases, see Shipping, Cent. Dig. §§ 30-44; Dec Dig. § 16.*]</p> <p>2. United States (§ 76*)—Disks—Priorities.</p> <p>Where a vessel was seized, forfeited, and sold for false registry after she was loaded and was about to sail on a voyage, the fund realized from the sale is chargeable with the payment of such claims as constitute maritime liens such as for seamens’ wages and for supplies and of claims of shippers and passengers for freight and passage money paid for the voyage, but claims for money deposited with the managing owner to pay the passage of certain persons on the return voyage are not allowable because whether the relation of ship and passenger would ever arise was a matter of such uncertainty that no present lien arose.</p> <p>[Ed. Note.—For other cases, see United States, Cent. Dig. § 59; Dec. . Dig. § 76.*]</p> <p>3. Subrogation (§ 23*)—Diens—Priorities.</p> <p>When a vessel is forfeited for false registry one who in her behalf had paid the head tax due on alien passengers brought in by her, which is made a lien on the vessel by Immigration Act February 20, 1907, c. 1134, | 1, 34 Stat. 898 (U. S. Comp. St. Supp. 1911, p. 499), is entitled to be subbrogated to such lien and to payment from the proceeds of the vessel.</p> <p>[Ed. Note.—For other cases, see Subrogation, Cent. Dig. §§ 60-66; Dee. Dig. § 23.*]</p> <p>4. Maritime Diens (§ 37*)—Priorities.</p> <p>A purchaser of a part interest in a vessel after she has become liable to forfeiture for false registry, but before her seizure, conceding that he might under some conditions be entitled to a standing as a lienor, c’annot be allowed to displace maritime liens on the vessel.</p