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— the Marine Recond. BILLS OF LADING. When a vessel is advertised as a general ship for a particular voyage, she is intended for a miscellaneous cargo composed otf the goods of any person who chooses to ship. and the freight contract actually made is usually with the master, but both he and his owners are separately bound to the per- formance of it. The seaworthiness of the ship is always implied in every contract ot above nature, and damages can be recovered for injuries | sustained on account of her not belug eo. The owner of a general ship is prima facie a common carrier for hire, and tor loss or damage of goods carried by him he ia liable in the nature of an insurer, unless such lia- bility is modified by the contents ot the bill of lading. Bills of lading are to be signed by the mas- ter of the ship, whether the eontract is by charter in writing or otherwise, The usual custom is for the master, mate or clerk, or persons checking the goods, as they are sent abroad, to give a receipt for same, and the master, on such receipts being given up to him, signs the bills of lading. Bills of lading are generally made up in three parts exactly alike, all three of which are to be signed by the master. One part is kept by the master; one part is sent by post to the consignee of the goods, and the third is kept by the shipper of the goods. In some cases a fourth part of the bill of lading may be required for theship owners, and there is no reason why same should not be given. The master is the person to sign the bills of lading, and is bound to sign for goods he has received or he must put the goods ashore without expense to the shipper; but the owners of the ship are not bound by bills of lading signed by the master for goods he has never received, even to a holder for valuable consideaation without notice. ‘The master, however, is himself responsible to no such latter holder. A bill of lading is an acknowledgement ot the receipt of goods mentioned therein, and is also evidence of a contract to carry the same safely ana deliver them at the port of destination mentioned therein. Where there is a dispute about the quantity or condition of the goods, or if the contents of barrels or packages are unknown, the wording of the bills of lading shovld be varied to correspond before they are signed. Where anything is delivered to a person to be carried, itis the duty of the person receiving it to ask such questions as may be necessary. If he does not and there is no fraud to make the thing appear different from what it really is, he is bound to carry it as it is. In the case of goods put aboard a ship without the knowledge or consent of the master or ownere, the master upon delivery of them will be entitled to the usual freight for the voyage. . Masters should be very careful not to sign bills of lading when the goods mentioned therein have not been received on board, as, although they would not be liable for same to the owner of the goods, still as y the custom of merchants, a bill of lading when indorsed and delivered to a bona Jide indorsee for value passes the property in the goods mentioned in it, and such-indorsee thereby uires an insurable interest therein and may sell the goods by means of said bill of lading, or pledge same as a security for ad- vances. apis Poets t Upon refusal to deliver the goods to him on their arrival, he may sue the owners or master for them. oles The contract is transferred with the prop- erty by indorsement and delivery of a bill of Jading. : Where there is manifestly no intention to transfer, but only to give an authority to stop the goods in transitu to a mere agent in possession of an indorsed bill of lading, such agent has no right of action to recover dam- ages for breach of contract or for the prop- erty. x bill of lading is not like a bill of ex- change or promissory note, a negotiable in- strument which passes by mere delivery to a bona jide bolder for valuable consideration, without regard to the title of the parties who make the transfer, Although the shipper may have indorsed in blank a bill of lading deliverable to his assigns, a subsequent bona fide holder for value can not hold it as against the shipper if it be stolen from him or transferred with- out his authority. The onus of proof lies on the person claiming an adverse right to the shipper of the property in the bill of lading. The liability of indorsers on bills of lading “ceases as soon as they are properly indorsed and transferred the same to a bona Jide holder for value, and it is only the last holder on receipt of the goods that may sue or be sued. The words “or order,” or “assigns”? must be used to transfer a legal title to the goods by the bill of lading. There can be no complete delivery of goods until they are placed under the do- minion’and control of the person who is to receive them. The master should see in each case that it is expressly set out in the bill of lading how and to whom the cargo is to be delivered, and he should take great care to follow all the stipulations in the bill. Even when the consignee sends his own vessel or one chartered by him for the goods and they are delivered on board, the master is still bound to deliver them according to the blll of lading. : If the goods are stated in the bill of lading to be shipped on board a steamship, it is part of the contract that the principal motive power is steam, and the mere using steam as an aid to sails will not answer. Although certain perils are excepted in the bill of lading, it is still the duty of the master and crew to do all they can to guard such perils by all reasonable skill and care, and where damage occurs through such perils but on account of the negligence or fault of the master or owners, the owners are linble. By 31 and 32 Vic. C. 119, S. 14, it is en- acted that “Where a company by through booking contracts to carry any animals, luggage or goods from place to place, partly by sea, or partly by canal and partly by sea, acondition exempting the company from liability for any loss or damage which may arise during the carriage of such animals, | Inggage, or goods by sea trom the act of God, the Queen’s enemies, fire, accidents from machinery, boilers and steam, and all an‘l every other dangers and accidents of the seas, river and navigation, of whatever nature and kind secever, shall, if published in a conspicuous manner in the office where such through booking is effected, and if printed in a legible manner on the receipt or freight note which the company gives for such animals, luggage or goods, be valid as part of the contract between the consignor of such animals, luggage or goods and the company in the same manner as if the com- pany had signed and delivered to the con- signor a bill of lading containing such con- dition. + “For the purposes of this section the word ‘company’ includes the owners, lessees or managers of any canal or other inland navi- gation.”’ Where a bill of lading states that the deck load was to be at the risk of the owners, it was held that the risk was to be that of the owners of the goods, not the owner of the vessel. Section 8, chapter 19 of 33 Vict. O, which makes a bill of lading conclusive evidence of the shipment of goods as represented therein does not apply tocases between mas- ters of vessels and owners of goods, but only to those between masters and consign- ees or endorsers of bills of lading for value. The bill of lading Act 33. Vie, chap. 19, does not apparently create any estoppel as to the condition in which goods are when shipped, When a bill of exchange was sent toa certain bank for collection and remittance, and a bill of lading tor 10,000 bushels of wheat was sent with the same, held that the bank acted properly in giving up the bill of liding to the consignees, they being the drawees of the bill of exchange and having accepted same. Special instructions to re- tain the bill of lading until the bill of ex- change was paid, should have been sent if such was desired.—Lewis’ Marine Manual LOSS OF THE SEA STAR. The schooner Sea Star left Ahnapee for Clay Banks, where she was to load wood for Racine. She got alongside of the pier and got on about thirty cords of wood when the wind suddenly .shifted into the south- east and kicked up such a tremendous sea that it was impossible for her to leave the pier, She began to pound on the bottom very hard and started three planks in her ‘steru, which caused her to leak badly. About 1 p. m. the pier gave way, letting the’ vessel through. She hung by her tow line and the anchor. There were only two men on her when she went through the pier, none of the other sailors being able to get on board as they had torun for their lives when the pier went down. ‘The water gained so fast that the two men were unable to keep. her free. About 5 o’clock the vessel began to go to nieces, and a (lispatch was sent to the life saving crew at Sturgeon Bay canal to come to the rescue. This canal is seven miles from there, and the road_ was so very bad that it was midnight when the crew reached the wreck. They fired a line over the vessel, and ran the life buoy out but on account of the vessel surging it was impos- sible to tighten the line enough to keep the buoy out of water. Consequently they had to pull one of the sailors through the water all the way and he was insensible when he reached the land. The other sailor would not be dragged ashore in that way and told the men to die a yawl boat to the buoy. This Was done and the man reached shore in safety. ‘lhe crew afterwards went out to see if they could free her of water, but the vessel went down while they were at work. They stripped her of her foresail and aban- |- doned her. She isa total loss. The vessel was owned by C. L. Fellows and is valued at $3,000. here is no insurance on the ves- sel or cargo. She wae 91 teet long, 23 feet beam, 8 feet depth, 90.71 tons burden and was built at Irving N. Y. in 1885 and hailed from Racine Wis. THE DRYDOCK DILEMMA, The first intimation of the prospects ot a drydock being located in Duluth was given by the Evening Herald, and the same paper is now at liberty to give to the public just how the matter stands. ‘The three Chicago gentlemen who came to Daluth after visit- ing Ashland, Superior, West Superior, and a few Other small towns, were cordially re- ceived in this city and every attention shown them, by the chamber of commerce in par- ticular, and the business men in general. They were shown the city and every part of it, visited all the important places, given an opportunity to inspect the harbor, and in fact everything was done to place before them the advantages of Duluth. During this time nothing was said by either party as to what they would do. Yesterday after- noon a meeting was called at the chamber of commerce which was well represented by the board of directors and attended by the Chicago drydock committee. The dry- dock and shipyard project was thoroughly discussed, and the directors of the chamber were prepared to aid in a substantial man- ner any proposal made by the committee. They waited in vain, as the gentlemen re- fused to make any proposition, but in plain language wanted to know how much money, land or bonus would the people of Duluth give to help this project. ‘The committee would not or rather did not state what they intended to do, how much they would ex- pend, how many men they would engage or OFFICIAL NUMBERS AND SIGNAL LETTERS. TREASURY DEPARTMENT, BUREAU OF NAVIGATION, WASHINGTON, Nov. 2, 1886 To the Editor of the Marine Record: Following isa list of merchant vessels of the United States to which official numbers and signal letters were assigned by the Bureau of Navigation, Treasury Department, durihg the week ended Oct. 30. 1886: Ofheial Signal slenn age. Number.) Letters. Rig Name of Vessel, Gress, Net. Home Port, SAIL VESSELS, : 106, 445] .-0.00000 --=- | SI. Adeline, 8.16 7.76|Cold Springs, N. ¥. 100.403}|K DN M|Sc. Israh Hart, 879 50 852 72 Boston, Mass 76,653;|K D N LiSc, J. S. Hoskins, 411 56| 390.99] Baltimore, Md. 210,714) .2.. 2. see Lgr. Rose Eulalie, 5 42 5 15| Brashear, La, EIOFIS|oe.cns0se (She Rosa'ie, 6.01 5-71|Bay Shore, N. Y. 145 435\ cies 2 deus Lgr. Three Brothers; $77 5.48] New Orleans, La, STEAM VESSELS, 126 391K D N P\St s Cherokee, 2556 73| 1966.87|New York, N. Y. 1G7 132) voc. cas os St. p D. A. Brooks) Jt; 2c! igi 54.08/ Evansville, Ind. — a, Peer ee St. s George Nelson, 45.98 22.99| Sturgeon Bay, Wis, 165,420] ic sess cess [St & Okoloosa, 46 07 23 04|Milton, Fla, TIO7 ION se paetesuse py R, C. Gunter, 565 34, 337 30|Chattanooga, Tenn. VIG 128 ds cho sates Sadie, 39.01 19 51|Salem. Mass, 110, F285). on cet sept 6 Susquehanna, 2500 30} 2065 79|Erie, Pa. TAR ASA ios seat St s. Turt e. Peer 5-09! Memphis, Tenn, JARVIS PATTEN. Commissioner of Navigation, give any tangible shape to a proposition. [he meeting adjourned with no definite action taken in regard to this matter and the probabilities are that no arrangements will be made with these parties. The level- headed business men of Duluth are always ready and willing to put their hands in their own pockets to help any enterprise that will benefit Duluth, but they are not a class of men to be taken unawares by any snap ar- rangement. If West Superior, Buytield, Ashland, or Washburn ean and will offer sufficient inducements to this incorporated Chicago company to influence them to buila a drydock there that is between themselves. Thorough business men who contemplate establishing a concern of this kind generally look to where they can do the most busi- ness and not to where they can receive the most money for locating. Duluth has rep- resentative men who will see that their city has a drydock and a shipyard, and that at once, ‘This is the only point on the lake where an establishment of this nature will pay, and the people of Duluth know this, and if they can not receive a proposition from outside sources they will build one themselves. ‘The Chicago gentlemen left on the 1 o’clock train for home.-—Duluth Herald. A device for preventing the explosion of steam boilers has been patented by Mr. Ben- dix Meyer, of Gleiwitz, Prussia, Germany. It consists in’ a plate of suitable yielding material, applied to an opening in the boiler, and adapted to be flexed outward at a cer- tain steam pressure, so the steam will escape before the bursting pressure is reached, a rubber or other elastic packing being used between the plate and the boiler sttell. RECORD OF VESSEL PASSAGES. PASSED PORT COLBORNE. Port CoLBorne, Nov. 4,—Passed up— Schooner Grantham, Duluth to Kingston; propeller Celtic, Duluth to Kingston; steam- ship W. L. Frost, Chicago to Ogdensburg. Tug Crusader left here to-day with barges Sherman and Mills in tow. : Port Cotsorng, Nov. 5.—Passed down— Schooner Willie Keller, Detroit to Ogdens- burg; steamship Monteagle and consorts, Chicago to Ogdensburg; propeller Califor- nia, Duluth to Montreal. Port CoLtpornu, Nov. 6.—Passed up-- Steambarge D. D. Calvin, Kingston to Cleve- land. © ; 3 » Down—Propeller Pacific, Chicago to Og- densburg; propeller Nipigon, Ashtabula to Kingston, : 7 PASSED DETROIT. Derroit, Nov. 4.—Passed up, morning— Barge Smith Moore, tug M. Swain and schooner American Union, barge Minneapo- lis ‘and consort, tug Wilcox, barge Oscar Townsend and consort, barge C., Hurlbut, Afternoon—Barge Otego and one barge. City of Concord, tug Jessie, schooner Niag- ara, propeller Boston, barge Oscoda. Morning, down—Propeller Cuba and con- sort, steambarge Wm. Cowie and two barges, propeller Empire State, tug Wilcox and schooner Montana, propellers Arctic, Mil- waukee, barge J. S. Ruby, Glengarry and consorts, Sanilac, schooner H, D. Root, pro- peller Badger State, tugs Jessie, Interna- tional and schooner A. J. Rogers, steam- barge City of Cleveland and consort, Tem- pest and three barges, tug A. J. Crawford. Afternoon—Barge M. Sicken and three barges, scow Ino, propeller Fountain City, barge City of Rome and consort, Onoko, Empire and three barges, propeller North- erner, barge Germania and four barges, tug Haight and schooners Jura, Reid Case, Colton and schooners G. W. Davis, W. I. Preston, Derroir, Nov. 5.—Passed up, morning— Tug Haight, barge H.S. Pickands, propeller Philadelphia, steambarge Cleveland and two barges, Westford and three barges, Point Abino. Afternoon--Steambarge Yosemite and one barge, tug Moore, propeller Arctic. Morning, up—-Steambarge Geo. L. Col- well and three barges, T. W. Palmer and consort, Continental and consort, D. C. Whit- ney and consort, propeller Pacific, tug Moore and schooners A. M. Peterson, Hal- sted, Homer, propeller Saginaw Valley, tug Ella Smith and three barges, steambarges Escanaba, John N. Glidden and consort, Superior and consort. Afternoon—Steambarge Kalkaska, Michi- gan aud three barges, F. Beckwith and schooner Mary Collins, tug Oneida and schooner Julia Willard,Oswego and schooner A. P. Grover, steambarge George King and three barges, : : Derroit, Nov. 6.—Passed up, morning— Barge V. H. Ketchum, propeller Japan, barge E. B. Hale and schooner Thomas Quayle, Benton and four barges, Nahant. Afternoon—Tug J. P. Clark and three barges, steambarge [ron Age, propellers Portage, Buffalo. Morning, down—Steambarge N. K. Fair- banks and consorts, propeller Starucca. Atternoon—-Steambarge Abercorn and two barges. J. H. Outhwaite and schooner Thos. Gawn, Sparta and consort, tug: Wilson and schooner Angus Snith, D. E. Bailey, Sam- son and schooners E. ©. Hutchinson, §. L. Watson, steambarge Allegheny and two barges. Detroit, Noy. 7.—-Morning, np—-Pro- peller R. P. Ranney and schooner John Mar- tin, tug Colton end schooner Corsican, Champion and schooners D_ Stewart, J. D. Sawyer, John Shults, propeller W. H. Stev- ens, steambarge J. P. Donaldson and three barges, A. A. ‘Turner and thre barges, Wm. Cowie and two barges D. Bullentine and consort, Ed Smith and three barges. Afternoon—Tug River Queen and barge Mentor, barge Nashua and barges, R. Wal- lace and consort. Forenoon, down—Tug River Queen and schooners Itasca, Arthur, ‘Theodore Voges, steambarges Leland, D. M. Wilson and two barges, Handy Boy, Argonaut, Lowell and two barges. Afternoon—-Tug Gladiator and schooners C. H. Burton, M. I. Wilcox, Canton, E. P. Beals, Souvenir, John Breden, propeller Tioga, Wissahickn, steambarge Forest City and consort, Enterprise, D. Leuty and four barges, propeller Montana, steambarge Hia- watha and consort, tug Jessie and schooner C. C. Barnes, steambarges Oscoda, Belle Cross and four barges, Vienna and consort, . tug Mocking Bird. THROUGH THE STRAITS. Mackinaw Urry, Nov. 4—Morning,down -—-Schooner ©. C. Barnes. Afternoon —Propeller Outh waite,schooner Thomas Gawn, schooner.D. E. Balley, pro- peller Wm. Chisholm with schooner M, W. Page and F. W. Gifford, tug Samson with schooners S. L. Watson and Emma C, Pees, : A orning; ‘up—Propeller City of Grand Rapids, New. York and Colorado, Burling- ton and consort, Progress and Favorite Canisteo and two barges. , Afternoon—H. J. Jewett, Commodore, J.S. Fay with schooner D. P. Rhodes. Mackinaw Ciry, Novy, 5.—A fternoon,up—- Brenan Peerless, Oceanica and Commo- ore. : Afternoon, down-—-Propellers Tioga, Bos- on. Mackinaw Ciry, Nov, 6.-—-Mornin —Propeller Montana. a fown Afternoon—W, A. Barnum. Afternoon, up—Propeller Philadelphia. In addition to'those reported yesterday are the Adventure, Skylark, H. Boody, and Jos. Paige. The Stalker’s masts have all washed away and there is nothing now to show where she lies. A heavy snow storm pre- vailed for several hours to-day, butthe most of bi melted Lard fast as it came. | Be ACKINAW City, Nov. 7.—-Morning,do —Propeller Rube Richards with pst pol May Richards and S. V. R. Watson, Ver- onica, schooner F. A, Georger. Forenoon, up—Propeller Oscar Townsend with schooner Edward Kelly, Part of the wind-bound fleet got away this morning. Among those remaining are the Winslow, Adventure, Maria Martin, A. Boody, H. D. Alverson and S. Neelon. s bryan, By SAULT. ; AULTSTE Marig, Noy.6.—Morning,do —Steambarge J. H. Farwell, echoones SH. Rutter, Jeremiah Godfrey, steambarge C,H. Crepe) svhooners Rosa Sonsmith, Mattie C. ell. : Afternoon—Schooner David Vance,steam- barge J. W. Westcott,schooner Louie O'Neil ee Calumet. ; orning, up--Steambarge ©. Tower 7 propeller St. Louis,tug E. M. Peck, bea Jas. E. Gilmore, propeller Smith Moore, Afternoon—Propeller Athabasca. Cleared, up—Idaho, Jim Sheriffs, Path- finder, A, Folsom, Kingfisher, Frank Pe- Pee ee Dake: Trou Cliff, ound, Business, Kate Wins] ; ° Westeott, Loule O”Nel. ae own—--Hiawatha, Minnehaha, Al g Forest City, schooner H. H. Brown, United Empire, J. H. Prentice, Shawnee, Goshawk, Alberta, Iron Chief, Iron State, SavuLt ste Marie, Nov. 7,—Morning,down —Propeller Nyack, steambarges Bessemer, _ . City of Owen © Fred Merecur, poe Vernon, steambarges _ ‘Russia, C. H. Starke. Afternoon—Tug E. M. Peck, schooner Genoa, eee Morning,up—Propeller St.Magnus,steam- barge Minneapolis, schooner Wm.McGrego: propeller peas at ete ternoon——R. J. Hackett, schooner S E. Peck, propellers “Areilnco; tario.