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eee a HE case of BENyJAMIN NobBLE, 232 Federal Reporter 382, after holding that a steamer built for carrying wood pulp, draft of 14% feet, which carried a cargo of steel rails and was loaded to a depth of 18 feet, having a freeboard of not more than 2 inches, was overloaded, decided that the fact that the captain of the vessel for the voyage had never before served in that capacity is not of itself sufficient to charge the owner with negligence which will debar him from the right to limit his liability; that in determining safe loading as to weight of cargo, the guiding thing should be the vessel’s draft; that the ship owner was _ not - relieved from responsibility for over- loading by the fact that other owners habitually do the same thing; that a corporation ship owner is responsible for the acts of its managing agent done in his capacity as such agent. eo ok nok Provision of charter party that in case of dispute it shall be settled by two referees, one to be appointed by the captain and one by the charterer, with power in the two to select an umpire, if necessary, was meant, it was decided in Aktieselskabet Korn-Og Foderstof Kompagniet v. Rederiakstie- bolaget Atlanten, 232 Federal Reporter 403 to apply only to disputes which might arise during performance of the charter, and has no application where, before the charter was entered upon, the owner deliberately and without ex- cuse repudiated the charter and: refused to deliver the vessel. It was further held that a clause in the charter party providing, “Penalty for non-performance of this agreement to be proven damages, not exceeding estimated amount of freight,” cannot be construed to limit recovery of charterer from owner for an entire repudiation of the charter. Re ee Under the United States statutes giving a lien on a vessel for supplies furnished to. it,.it was held in YANKEE, 233 Federal Reporter, 919, that supplies furnished on orders of a dredging com- pany, which specified that they were for ‘a certain. dredge and contained shipping directions pursuant to which the sup- ‘plies were forwarded by carriers to a certain wharf, from which they were 4 By Harry Bowne Skillman Attorney at Law taken by the company to the dredge where it was at work, constituted a lien attached to the dredge. In the case of OcEANA, 233 Federal Reporter 139, the court decided that one furnishing sup- plies on order of any person to whom the management of the vessel has been intrusted by the owner is under no duty to inquire as to the authority of such person to bind the vessel, and is entitled to a lien, unless something comes to his knowledge to put him on inquiry, in which case his right to a lien is affected by such facts as he knows or by the exercise of reasonable diligence could have ascertained. ee ot. Seamen deserting from foreign ves- sels cannot be arrested, imprisoned, and delivered to the master of the vessel, except when the matter is controled by treaty or convention with foreign governments; Virginia Code of 1904, sections 2004, 2005, providing for arrest of deserters, it was decided in ex parte Larsen, 233 Federal Reporter 708, does not apply to foreign vessels. ee ee Though the United States statutes provide that for each deposition taken and admitted in evidence in a cause a fee of $2.50 shall be allowed libelant’s proctor, such proctor, the court decided in the case of Mary, 233 Federal Re- porter 121, is not entitled to fees for depositions of a witness whose testi- mony was immaterial. aes. a In Wyomissine, 232 Federal Reporter 453, it was held that companies engaged in transporting long and unwieldy tows in tidewaters, between New York and New Jersey, and desiring dredges en- ‘gaged in government’ work to move themselves or their scows, should send a timely request to the dredge, and in Yabsence of such request the dredge is not liable for collision resulting. "eae. A stevedore, injured during course of his employment in loading a cargo by the slipping of a winch, the apparatus being furnished by the ship, may be ‘guilty of contributory negligence in re- maining at work with knowledge that such winch was defective and dangerous, although he protected himself to the best of his ability atthe time of the 23 UU A A Z y 2 nV AGL = Legal Tips For Ship Owners and Officers = Specially Compiled for The Marine Review = a ETEK ccc accident.— WILHELMINA, 232 Federal Re- porter 430. << i¢-e The United States Supreme Court holds, in the case of Pacific Mail Steam- ship Co. v. Ed. Schmidt, 36 Supreme Court Reporter 581, that the penalty im- posed by the federal statutes upon a ship owner, who without sufficient cause neglects or refuses to pay a seaman’s wages after certain periods, is not in- curred during delay caused by an at- tempt to secure a revision in a federal court by appeal from decree for wages and penalty for delay. ee The East river is not a narrow chan- nel within Article 25 of the Inland Rules, it was said in WResTLER, 232 Federal Reporter 448, and the only reg- ulation as to navigation between the Battery and Blackwells Island is section 757, chapter 410, Laws of 1882, New York, which requires vessels to go up and down as near as possible in the center of the stream. ae ok It was held in Dritt Boat No. 4, 233 Federal Reporter 589, that it is the duty of the crew of a, vessel which sinks in a harbor channel to use rea- sonable care and diligence to protect it against damages from collision with other vessels, and in connection there- with to warn other vessels against col- liding with it. The duty, imposed by statute, to immediately mark the posi- tion of the sunken vessel is a personal duty of the owner, which cannot be delegated, so as to relieve him from responsibility, 5 4 % A tug and tow, of common ownership, and engaged upon a voyage, the sole ‘purpose of which is to transport the cargo laden on the tow, do not con- stitute a “single vessel”, within the - Harter Act, and. the tug cannot be con- sidered as transporting the cargo, so as £2 be exempted from liability to the cargo owner for loss resulting .from faults or errors in navigation, if due diligence has been used to make the barge seaworthy and properly manned, equipped, and supplied, especially where the tug and barge are operating under separate contracts, bill of lading having been made by the barge.—Coastwise, 233 Federal Reporter 1. ‘ea