Scribd Logo
Upload

Welcome to Scribd!

  • United States Court of Appeals, First Circuit

    Uploaded by

    Scribd Government Docs
    915 views3 pages
    1) Seven crew members of the Panamanian vessel M/V LUISA DEL CARIBE intervened in an in rem proceeding against the vessel to recover unpaid wages. They claimed exemption from prepaying fees and costs under 28 U.S.C. § 1916. 2) However, the U.S. Marshal demanded advance payment of custodial and insurance expenses for the vessel as required by 28 U.S.C. § 1921. With no funds to cover these expenses, the Marshal refused to take custody of the vessel without prepayment from the plaintiffs. 3) The court affirmed, finding that while § 1916 exempts "fees and costs," the Marshal's expenses described in § 1921 are

    Original Description:

    Filed: 1984-10-15 Precedential Status: Precedential Citations: 746 F.2d 93 Docket: 84-1244

    Original Title

    Puerto Rico Drydock and Marine Terminals, Inc. v. The Motor Vessel Luisa Del Caribe, in Rem, Her Tackle, Engines, Etc., Francisco Muniz Pose, Manuel Rodriguez Allo, Fernando Gonzalez Bayolo, Vicente Santiago Paz, Jose Villaverde Fernandez, Jose Martinez Brion, Intervening, 746 F.2d 93, 1st Cir. (1984)

    Copyright

    © Public Domain

    Available Formats

    PDF or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Report this Document
    1) Seven crew members of the Panamanian vessel M/V LUISA DEL CARIBE intervened in an in rem proceeding against the vessel to recover unpaid wages. They claimed exemption from prepaying fees and costs under 28 U.S.C. § 1916. 2) However, the U.S. Marshal demanded advance payment of custodial and insurance expenses for the vessel as required by 28 U.S.C. § 1921. With no funds to cover these expenses, the Marshal refused to take custody of the vessel without prepayment from the plaintiffs. 3) The court affirmed, finding that while § 1916 exempts "fees and costs," the Marshal's expenses described in § 1921 are

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    Download as pdf
    915 views3 pages

    United States Court of Appeals, First Circuit

    Uploaded by

    Scribd Government Docs
    1) Seven crew members of the Panamanian vessel M/V LUISA DEL CARIBE intervened in an in rem proceeding against the vessel to recover unpaid wages. They claimed exemption from prepaying fees and costs under 28 U.S.C. § 1916. 2) However, the U.S. Marshal demanded advance payment of custodial and insurance expenses for the vessel as required by 28 U.S.C. § 1921. With no funds to cover these expenses, the Marshal refused to take custody of the vessel without prepayment from the plaintiffs. 3) The court affirmed, finding that while § 1916 exempts "fees and costs," the Marshal's expenses described in § 1921 are

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    Download as pdf
    of 3

    746 F.

    2d 93
    1985 A.M.C. 624

    PUERTO RICO DRYDOCK AND MARINE TERMINALS,


    INC., Plaintiff, Appellee,
    v.
    The MOTOR VESSEL LUISA DEL CARIBE, in rem, her
    tackle,
    engines, etc., Defendant, Appellee,
    Francisco Muniz Pose, Manuel Rodriguez Allo, Fernando
    Gonzalez Bayolo, Vicente Santiago Paz, Jose
    Villaverde Fernandez, Jose Martinez
    Brion, Petitioners,
    Intervening
    Plaintiffs-Appellants.
    No. 84-1244.

    United States Court of Appeals,


    First Circuit.
    Heard Sept. 11, 1984.
    Decided Oct. 15, 1984.

    Harry A. Ezratty, San Juan, P.R. for petitioners, intervening plaintiffsappellants.


    Allen van Emmerik, Civ. Div., U.S. Dept. of Justice, Washington, D.C.,
    with whom Richard K. Willard, Acting Asst. Atty. Gen., and Daniel F.
    Lopez-Romo, U.S. Atty., Hato Rey, P.R., were on brief, for appellee, U.S.
    Marshal.
    Before COFFIN, Circuit Judge, and ALDRICH and SKELTON,* Senior
    Circuit Judges.
    BAILEY ALDRICH, Senior Circuit Judge.

    Appealing intervening plaintiffs, members or former members, of the crew of

    the M/V LUISA DEL CARIBE, a Panamanian vessel, are proceeding against
    her, in rem, for claimed unpaid wages. Under 28 U.S.C. Sec. 1916 they are
    entitled to do so "without prepaying fees or costs or furnishing security
    therefor." Relying thereupon, they refused the U.S. Marshal's request for
    advance payment of custodial and insurance expenses which the Marshal
    demanded pursuant to 28 U.S.C. Sec. 1921. The marshal has no funds, or
    statutory source of funds, and under the statute he is required to

    2
    "collect,
    in advance, a deposit to cover the initial expenses for such services and
    periodically thereafter such amounts as may be necessary to pay such expenses until
    the litigation is concluded...." 28 U.S.C. Sec. 1921.
    3

    Having no one to collect from, except plaintiffs, he, accordingly, refused to act.
    Plaintiffs sought an order compelling him to proceed without prepayment, and,
    the court refusing, they bring this interlocutory appeal pursuant to 28 U.S.C.
    Sec. 1292(b). We affirm.

    Plaintiffs would hang their seamen's caps on an alleged conflict between the
    exemption in section 1916 and the prepayment requirement in section 1921.
    While, concededly, the exemption applies only to "fees and costs," and the
    marshal's disbursements are described as "expenses," which they clearly are,
    plaintiffs point to section 1921's provision that these expenses are to be "taxed
    as costs." Hence, they say, section 1916, as the "specific," must prevail over
    section 1921, which is the "general." They further say that any doubts are to be
    resolved in their favor as seamen, as wards of the court.

    We are not so clear as to which statute is the specific. Although plaintiffs are
    supported by the Second Circuit, Thielebeule v. M/S NORDSEE PILOT, 452
    F.2d 1230, 1232 (2d Cir.1971), we note the contrary view expressed in Araya
    v. McLelland, 525 F.2d 1194, 1196 (5th Cir.1976). Nor can we think that, in
    addition to a cap, a seaman wears a cloak of total protection. But, in any event,
    we do not find a necessary conflict in the statutes. The most apparent references
    in section 1916 are to, usually minimal, court fees, the prepayment of which
    Congress is content to waive, and to those of defendants' ultimately recoverable
    costs against which defendants are normally entitled to be secured. The
    marshal's section 1921 out-of-pocket expenses are quite different. Even though
    a losing defendant may ultimately be charged therewith, who pays these very
    sizeable expenses if the defendant wins? By hypothesis, the indigent seaman
    cannot, or certainly may not, and Congress has not provided that the
    government will. We are reminded of the words of the old song, "Where, in the
    world, does the money come from? ** " Although asked, plaintiffs do not
    answer; nor did the Thielebeule court.

    Given this very different statutory concept, we do not construe the words "fees
    or costs" in section 1916 to include marshal's expenses in section 1921.
    However, we need pursue this no further, in light of the comprehensive opinion
    supporting the marshal's position in Araya v. McLelland, ante.

    Affirmed.

    Of the Federal Circuit, sitting by designation

    **

    "I'd like to ask it,


    Who fills the basket?
    The story books never tell."
    Little Red Ridinghood
    Author not recalled.

    You might also like