The following text may have been generated by Optical Character Recognition, with varying degrees of accuracy. Reader beware!

JO THE MARINE RECORD. SCOTT'S NEW 1896 COAST PILOT F.W. WHEELER & COMPANY, ee BUILDERS OF ALL KINDS OF: IRON, So LEEL AND. FOR THE LAKES PRICE $}1,50. WOODEN SHIPS, FOR LAKE OR OCEAN SERVICE. FOR SALE BY THE MARINE RECORD, CLEVELAND. WESTERN RESERVE BLDG., PROM TI] a3 West Bay City, Mich. F.W. WHEELER, Prest. © E. T. CARRINGTON,V.-Pres!. Cc. W. STIVER, Secretary & Treasurer. © IRON WORKS, MARINE ENGINES, DeTrROIT, dt! INCORPORATED I794 Insurance Company of North America. CAPITAL, PAID UP IN CASH, - = ASSETS, a = = CHARLES. PLATT, President. EUGENE L ELLISON, 2d Vice President. LAKE MARINE DEPARTMENT, GEORGE H McFADDEN, Vice President. i GREVILLE E. FRYER, Sece’y eae Treas. JOHN H. ATWOOD, Assistant Secretary. GEORGE L. McCURDY, Manacer. CHICAGO, MARINE AND INLAND INSURANCE.” Atlantic Mutual Insurance Co, Organized (842, Insures against Marine and Inland Transportation Risks and Issues Pottoies making Loss Payable in England. Assets over $10,000,000 for the Security or its Policies, The profits of the Company revert to the assured, and are divided annually upon the premiums "amines during the year; thereby » educing the cos of i insurance, until ordered to be redeemed, in accordance with the charter, WwW. H. H, MOORE, Vice Pres. $3,000,000.00 9,487,673.53 ILL. J. D. JONES; Pres, Office 51.Wall Strect, NEW YORK, For such dividends, certificates are Issued bearing interest A, A, RAVEN, QdVicePres, J. H,CHAPMAN, Sec, MARITIME LAW. As an indication of how close the lines are drawn be- tween tonnage and salvage services we quote the fol- lowing decision recently rendered in an English court: The owners of the tug Prairie Flower sought to re- cover £300 ($1,500) from the owners of the Llandoff, for salvage services. Defendants paid £20 ($100) into court. The tug Prairie Flower was cruising between Lundy Island and Ilfracombe, and the master noticed that a steamer which he had sighted over an hour before was broken down. ‘The tug bore down upon her and found _ that she was the Liandoff, her after engine having broken down early that morning. The tug stood by until the captain of the Llandoff made certain that he could not do anything with his engines, and hoisted three balls. intimating that his vessel was not under con- ‘ trol. Four hours later the Prairie Flower took the Llandoff in tow, and towed her into Cardiff Roadstead: It was contended that the vessel being helpless wads lia- ble to be wrecked either by being driven ashore on-a headland or drifting into Bridgewater Bay, and that therefore the services rendered were salvage services. It was alleged in defense that the vessel was in no im- mediate danger, and that being a vessel of an old type she might have got in'o Cardiff under sail, or have been carried up by the tide in 48-hours, but that the captain, to expedite the arrival in Cardiff, engagedthetug. ‘The services rendered were, it was urged, only towage ser-. vices. His Honour held that the claim for ‘salvage ser- vices has been made out, although it was only just over the line which divided towage from salvage. Judgment was therefore given for £75, ($375) including the amount paid into court and costs. In all cases of this sort occurring on the lakes, towage services only are claimed; salvage not being even thought of as it simply amounts to an ordinary break- down, ; In the case of William K. Vanderbilt’s yacht Alva, sunk in a fog by a large cargo steamer while at anchor, * Judge Putnam of the United States Circuit:Court of Ap- peals, for the First Circuit; ruled the cargo steamer in fault, according to the following digest of the case. 1. A large freight steamship, the H. F? Dimock, nav- igating Pollock Rip Slue during a dense fog at an ad- mitted speed of 4% or 5 knots thronghthe water and 7 or 8 knots by the land, which ran into and sank a yacht at anchor held, at fault for improper speed. As the Dimock met the fog before reaching the Slue,and could have anchored before entering that thoroughfare, no * special circumstances excuse the steamship when in the Slue, andthe law required her to be so navigated that she could avoid any steam or sailing vessels that might be met on the passage through the Slue. 2. That the master on the Dimock exercised an hon- est judgment in the navigation of the Slue, held no ex- cuse for the violation of a positive rule of the statute. 3. The damages for the loss of a large s eam pleas- ure yacht are not merely the market va tie, as it is not of the class:of articles-which are sold trom day to day so that current transactions would enable the owner if he des'res to sell, to obtain within a reasonable time . a fair value. Such a vesselis like dwellings of moe than moderate cost erected away from cities. In such cases the court shou'd call to its aid all circumstances, such as the original cost, its condition at time of loss, the sum for which the owner could replace it and the depreciation by marine architecture. . 4. The yacht Alva built by days labor at a cost of between $380,000 and $400,000 and kept in thorough re- pair for five years, having been valued by the Commis- sioner and District Court at time of collision at $190,000, held that this valuation had prop riy taken in’o account all these considerations and that amount was therefore affirmed. 5. Inasmuch as value of the yacht, as thus estab- lished, was more than double the limitation value of the steamship, held, unnecessary to consider any alleged faults on the part of the yacht. 6. In proceedings for limitation of liability the ship- owuer must bear the taxable costs of appraisal of the vessel, the giving of a stipulation therefor, and in gen- eral the expenses of obtaining a proper status in court so that the fund can be dis'ributed. The costs of ad- ministration and distribution of the fund are generally to be paid from the fund itself, except that the cost of any contested issue is to fall on the party losing the same,‘as the costs of any litigation, entirely indepen- dent. 7. Where the stipulation for the limitation value is given by the owner, he is not generally in default, in withholding the amount until the entry of the final de- cree. Hence, the owner is not liable for interest prior to entry of the decree. Interest however ordered upon the limited value of $92,000 from the date of the District Court decree, August 3, 1895, until payment shall be made. Two interesting points in Admiralty and Maritime jurisdiction have been referred to the Supreme Court of the United States by the Court of the southern district of New York, the question having arisen in the matter of the prosecution of Henry Hewedsen for alleged mur- der on board an American ship at Havana. ‘They are: (1) Where an assault is committed on the high sea and the victim dies four days later on land, does the crime come within the Admiralty and Maritime. jurisdiction? (2) Where a crime other than murder is committed on the high sea, and the guilty personis arrested and in- dicted at the first port of the United.:States he’ enters, the date being more than'three years after the act was committed, is the Preece rH OM Baste roy PS, Borate of Limitations? terials in the home port, on the order of) the owner- pro _ chase price, is not of itself sufficient to create a iteg.: troit, with Benjamin Williams, of Buffalo, for the re- sunk about 300: feet from the Canadian shore, THE ROSALIE. * nod brs District Court, N. D. California. September ay 1895. MARITIME LIENS—MATERIAL FURNISHED IN HOME PORT —OWNERS PRO HAC VICE.—Where maierials were furn- ished for the use of a vessel,upon the order of a-com- pany which had possession of her under a contract of purchase, and, which was, therefore, the owner pro hac vice, in the port where such company had its“ principal place of business, by material men who either knew the company’s relation tothe wessel, or were in possession of the avenues of information, and of facts sufficient to . put them on inquiry, held that credit must-be considered to have been given to the company, and that, conse- quently, no, lien was created. The Alvira, Fed. 144, distinguished. : ie SaME.—The mere fact. that persons = facet ma- hac vice, ‘‘suppose”’ that the vessel is good for;the- pur- meta OFAN Ob Cortice Case, iieyothe The Passaic case on the Admiralty docket of the United States District Court, Northern District, Utica, N. Y., was opened,for triai before Judge Coxe,,.on Tues- day. ae, D.. Goulder, of ,Cleveland, and P. H. Philips, of Port Huron, for. libelants, and J..C. Shaw, of De- spondents. -The facts of the case-are as Sod lame During the sea- son of 1890 the schooner Tremble was sunk in St. Clair 3 River near the rapids, and ‘Thos. A. Murphy, a -wreck- 2 ing. firm, of. Detroit, bought.the hull as it then lay, Mr. Murphy was at work raising the Tremble, when. on the night of. November 8, the Passaic, with, three barges in tow, passed. down. the river, the last, barge in tow col- liding» with, the .wrecking ‘schooner, Ben Hur, and she sunk resting on the. schooner, -Treinble:,; 3 Action ds. now brought by.the Murphy Wrecking Co. for the, yalue the) Ben., Hur, ‘Tremble, and, the Wasting. out ina sum of $35,000. : ; SSRN EES eet ERY CEO Od tees found by the Westéens Teaneit liner Hudsobe issno buoyed: Instead of four fathorhs' as shown on the cha there is only seventeen’ feet there,” Nin Oot fh see