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OCTOBER 31, I90I. THE MARINE RECORD. 13 sss NOTICE TO MARINERS. DOMINI N OF CANADA—ONTARIO, SOUTHEAST SHOAL — LIGHTSHIP PLACED.— Referring to notice to mariners No. 48 of 1901 and to pari 1 of No. 59 of Ig01, this Department is advised by the Lake Carriers’ Association that they have replaced the lightship burned off Southeast shoal, Pelee Passage, Lake Erie, by the steamer Kewaunee adapted for temporary use as a light vessel. The vessel is located on the same spot as the former lightship, one mile southeastwardly from the southern extremity of the shoal. .No particulars respecting her have been received, but the chief engineer of this department learned from ver- bal reports that a fixed white light was shown from a cluster of three fifth order lens lanterns hoisted around a high mast; and that the fog alarm consisted of a modoc or wild- cat steam whistle, the valve of which is operated by hand. SOUTHEAST SHOAL—GaAs Buoy TO BE REMOVED.— It is proposed, on or about the 15th instant, without further notice, to remove the gas buoy maintained off the south ex- tremity of Southeast shoal, somewhat inside the new light- ship. PELEE PASSAGE LIGHTSHIP—PROGRESS OF WoRK.-—The foundation of the new lighthouse on the Middle Ground, in Pelee Passage, is now completed, and rises to a height of 20 feet above the level of the lake. The steel work and con- crete pier is temporarily surmounted by four rough wooden sheds, and the lens lanterns from which lights are showu are placed upon the roofs of two of these sheds, at a height of 30 feet above the lake. by the chief engineer of this department. BaR Point CuT—Gas Buoy To BE EsTaBLISHED.—It is the intention of this department, on or about the 15th in- stant, to establish a gas buoy on the east or starboard side of the south end of the dredged channel off Bar Point, at the mouth of Detroit river, a short distance southwardly from the most southerly of the red spar buoys now marking that dredged channel. The buoy will be a cylindrical buoy painted red, surmounted by a red lantern from which a fixed white light will be shown at an elevation of 9 feet above the water. Mariners are requested to give it a good berth, as this department has no tacilities for replacing it promptly if wrecked. DETROIT RIVER— LIMEKILN CROSSING—WATER SIG- NALS.—The Hydrographer of the United States Navy gives notice that the water signals of the Pittsburg and Smith coal docks, maintained by the Lake Carriers’ Association, will show the depth of water at the Limekiln Crossing up to 18 feet 6 inches. Masters are cautioned not to attempt to pass the crossing at any greater depth than is shown by the signals. UNITED STATES OF AMERICA—LAKE ERIE. ASHTABULA HARBOR—CRIB TO WESTWARD OF EN- TRANCE.— Information has been received from the Branch Hydrographic Office, Cleveland, that on 19th August, 1901, a 50-foot crib was sunk to the westward of the entrance to the harbor, 1,800 feet to the northward and Ioo feet to the westward of front light. Vessels entering the harbor should keep at least 2,000 feet to the northward of front light until picking up the ranges, and keep ranges open from there on. A fixed white light will be exhibited above the crib at night and a white flag by day. CONNEAUT HARBOR—BREAKWATER ADVANCED IN Con- STRUCTION —Information has been received from the Branch Hydrographic Office, Cleveland, 26th August, rgo01, that 743 feet have been added to the Conneaut breakwater to the northward and westward of the west pier, making the total length 1,025 feet. A small white light is maintained on the end of the breakwater. ST. LAWRENCE RIVER. CAPE VINCENT BREAKWATER — BEACON LIGHTS ESTAB- LISHED.— On or about 31st August, 1901, a fixed red lens lantern light, 2534 feet above the mean level of Lake Ontario, and illuminating the entire horizon, will be estab- lished on each of the two structures now being erected on the ends of the breakwater off Cape Vincent, southern side of the head of St. Lawrence river. Each of the structures stands about 20 feet from its end of the breakwater, and isa small square white wooden house with pyramidal roof, THE —_~_ ry This information is from a report : (Ga.) 455. S.F.HOOGE &Ct 1 Bliss above which rises two uprights. This notice affects Admir- alty charts Nos. 797 and 1152; and U. S. H. O. publication No. 108, 1896, page 192. . 3 r F. (GOURDEAU, Deputy Minister of Marine and Fisheries, _Department of Marine and Fisheries, Ottawa, Canada, 11th October, r9or. 4a All bearings, unless otherwise noted, are magnetic and are given from seaward, miles are nautical miles, heights are above high water, and alldepths are at mean low water. Pilots, masters or others interested are earnestly requested to send information of dangers, changesin aids to navigation, notices of new shoals or channels, errorsin publications, or any other facts affect- ing the navigation of Canadian waters to the Chief Engineer, Depart- ment of Marine and Fisheries, Ottawa, Canada. $< <0 SHIPPING AND MARINE JUDICIAL DECISIONS. (COLLABORATED SPECIALLY FOR THE MARINE RECORD. Master of Ship.—The master of a ship has such a special property in the vessel and cargo that he may bring action in his own name, either at law or in equity, against one who wrongfully interferes with his posession of either. Tuells vs. Torros, 39 S. E. Rep. (Ga ) 455. Action for Services—Complaint.—Where an ambiguity in. the complaint could easily have been remedied by amend- ment, the judgment should not be reversed because a special demurrer on that ground was improperly overruled. Olsen vs. Birch et al., 65 Pac. Rep. (Cal.) 1032. : Admiralty—Bond for Release of Vessel—Decree Against Surety. Where bond has been given by the claimant of a libeled vesse], under Rev. St. @ 941, a final decree, awarding and surely at the time of its rendition. The Columbia, 109 Fed. Rep. (U. S.) 660. Towage—lInjury to. Tow—Liability of Tug.—A ship which consents being towed with another vessel to avoid delay, and ~vithout any advantage having been taken by the tug, assumes the extra risk of the double tow, and cannot hold the tug liable for an injury she sustains as a result, except on the ground of negligence in the performance of the con- tract. The Columbia, 1og Fed. Rep. (U. S.) 660. Damages for Delay—Charter Fixing. Demurrage as Kvi- dence.—In a suit for collision, where the injured vessel was delayed for repairs, the provision of her charter fixing the rate of demurrage is competent evidence of her actual dam- ages by reason of such delay, and, although it may not be conclusive, makes out a prima facie casein the absence of other proof. The Columbia, 109 Fed. Rep. (U. S.) 660. Services rendered on Board Vessel.—Allegations in a com- plaint that the services sued for were rendered on board a vessel, and as members of her crew, do not necessarily imply that the vessel was engaged in commerce, and that the con- tracts were maritime, since they may refer to a force put on board a vessel to care for it, before the vessel has been en- rolled or in commission. Olsen vs. Birchet al., 65 Pac. Rep. (Cal. ) 1032. : Collision of Tows on Separate Lines. A tug had two tows on separate lines of different lengths. The shorter line parted, and tug at once reversed, and slackened the longer line, but the tows cameinto collision, held, that the tug could not be held in fault for its failure to cut the hawser of. the rear tow, where its action in reversing accomplished the same result as promptly and effectually. The Columbia, 109 Fed. Rep. (U. S.) 660. Attachment of Vessel.—When the master of a ship causes the same to be seized under an attachment in his own favor : against the owner, such conduct will authorize the owner to terminate the employment; but until the employment is terminated by the owner the master continues to represent him with reference to the vessel and its cargo, and may assert the rights of the owner against any one wrongfully interferring with either. Tuells vs. Torras, 39 S. E. Rep. pass COMPASS ‘sudden and unusual strain. Breaking of Hawser—Inefficient Steering of Tow.—A tug cannot be charged with fault of the breaking of a hawser used for towing a ship, which was of sufficient size, made expressly for its use, throughly tested, and guarantied to be of a strength greater than was necessary, and had been in use but three months, and which apparently broke because of the improper steering of the tow, which placed it under a The Columbia, 109 Fed. Rep. (U. S.) 660. Responsibility of Tug.—A ship in tow cannot hold the tug responsible for her own failure to follow the tug’s course where the latter gave the proper signals to indicate changes of course, the.duty of proper steering devolving upon the tow; nor.does the fact that her sheering from the proper course could have been seen from the tug impose upon the latter the duty of warning her, where there was no danger not as well known tothe ship as tothe tug. The Columbia, 109 Fed. Rep. (U. S.) 660. ' Personal Action.—Where an action is brought against the owner of a vessel by name to recover for services rendered on such vessel, and summons served on such owner, and.a pei- sonal judgment demanded against him, the action is in per- sonam, and not in rem, though the vessel may be attached to secure the claim. Contracts for. services rendered in the construction of a vessel and thereon before it has ever been engaged in navigation are not marine contracts. Olsen ys. Birch et al., 65 Pac. Rep. (Cal.) 1032. Maritime Contract—Jurisdiction.—Code Civ. Proc. 2 813 et seq., providing that all vessels are liable for certain ser- vices; that actions therefore must be brought against the owners by name, if known, and the plaintiff may have the vessel attached as security, is not, asapplied to, contracts damages in the suit, may be entered against both principal | not maritime, in conflict with Const. U.S. art. 3, 3 2, declar- ing that the jurisdiction of the federal courts shall extend to all cases of admiralty and maritime jurisdiction, or Rev. St. U.S. @.711, providing that ‘‘the jurisdiction of the federal courts in cases of admiralty and maritime jurisdiction is exclusive, saving to suitors in all cases the rights of a common-law remedy where the common law is competent to give it.”’ Olsen vs. Birch et al., 65 Pac. Rep. (Cal.) 1032. Collision—Vessels in Tow—Negligent Steering.—A ship and a bark were both in tow of a tug on seperate lines. The ship was on the shorter hawser, and on the port quarter of the tug. Through inefficient or negligent steering, she failed to follow the course of the tug, but was allowed to sheer to starboard, across the hawser of the bark, and then sheered in the opposite direction, when her hawser parted, and she fell back, coming in collision with the bark, and being still upon or against the latter’s hawser, and off her own proper course. Held, that the ship, without whose initial fault the collision would not have occurred, was solely liable for all damages, although the hark may have made an improper maneuver in extremis, and after the col- lision had become inevitable. The Columbia, 109 Fed. Rep. (U. S. ) 660. : = THE NEW Pa STERE Binocular BAUSCH & LOMB-ZEISS Glasses. chin Used by the Armies and x ee a a 9 \ b : J ee of ie $4 WG. nvaluable for Tourists, rd \ A “| Sportsmen and Every-day de Use, —_ Booklet Free, Bausch & Lomb Optical Co., Rochester, N. Y. New York. Chicago. For sale by all dealers, Soe < a a oe Sree i - agbasesl we pe} as i ambies ST Rinsut etiam SE ease Mawar Arnnesatit boa cers BIE: otra. ern adh > wd MARINE ENGINES, | PROPELLER WHEELS, ba >) el a =o) a -1 MARINE REPAIRS. @ 312 ATWATER STREET, , DETROIT, MICH. Made in seven sizes by JOHN BLISS & CO., LIQUID, ' it) 128 Front Street, New York, is finely finished pit | sensitive, accurate and durable. and is extremely steady. 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