ESTATE
OF JOHN BEDFORD
No. 5622--January, 1874.
SEAMAN'S ESTATE.--THE U. S. SHIPPING COMMISSIONER,
under the Act of Congress creating his office (Statutes at Large, Title LIII,
Chap. 3, p. 883) has a right only to take possession of such effects of a
sailor, dying on a voyage to this port, as are on board ship. He cannot intermeddle with the estate or
effects on shore, and is not, therefore, ex officio entitled to letters
of administration.
Construing U. S. Statutes at Large,
Title 53, Ch. 3, p. 883
J. F. Finn, for Public
Administrator.
R. W. Hent, for J. D.
Stevenson.
Bedford was mate of the steamer Salinas, a sea-going
vessel, and was drowned as the vessel was entering the harbor of San
Francisco. The captain of the vessel
delivered to J. D. Stevenson, U. S. Shipping Commissioner, all the effects
Bedford had on board. He left some $300
in a bank in this city. It was for the
purpose of drawing this money that administration was applied for. The Commissioner claimed that by the act of
Congress creating his office, it is made his duty to take charge of all effects
of seamen dying at sea while en route for this port, and turn the same over to
the U. S. Circuit Court, and to enable him to perform that duty he is entitled
to letters. This application is resisted
by the Public Administrator, who claims that letters shoud
issue to himself.
By the COURT: The
act limits the jurisdiction of the Commissioner to effects found on board the
vessel. It is not the intention, spirt or scope of the act that the Commissioner take charge of property on shore. The one relates to maritime affairs, while
the other is local, of which the State has entire control.
Letters granted to the Public Administrator.
Transcribed
by Sue Wood.
© 2007 Sue Wood.
SAN FRANCISCO'S CASES REPORTED INDEX