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HED WHEN CON- Court, Eastern District lassachussetts. eae during a voyage at sea is e cc , though at the time of tract the vesrel be not contract contemplates the pplies to a vessel in a foreign that a lien on the vessel unless something to the furnish certain nets to the y the nets was a maritime con- w of the subject matter, the nets for the prosecution of the That neither the fact that contracted for, made and furni- flected the maritime character nor the fact of the vessel not yhen the contract was made; ; were furnished in a foreign was created on the vessel for which should be enforcedin this ‘ nrem to enforce . steamer Hiram R. Dixon a lien of certain fishing nets. facts are not in dispute. In 1883, the Pe eded against was built at in the state ot Conneticut. In f that year upon being launched she to New York to receive her lers and engines. For that purpose she ained In New York until July 4*h, 1888, or 01 ment she proceeded to Bristol, in the state ot Rhode Island, and there received her outfit or a fishing Voyage as a part of her outfit. For that voyage she received on board the _ nets in question, and thereafter proceeded to.sea, and with them engaged in the busi- _ ness of catching menhaden. . The ners the libelants made to order for this vessel, upon request of Hiram R. Dixon, _ for whom the vessel wes then being built at Mystic bridge. Pursuant to directions from -_ Dixon the nets when completed were sent to “ William M. Fish, the designated master of the vessel, «ho was then at Bristol ferry, where the vesse] was to be fitted out fora fishing voyage under his direction. Fish re- ceived the nets in May, 1888. At this time the vessel was in New York, receiving her boilers and engines. From New York, as already stated, she steamed to Bristol ferry, and thence, after receiving these nets and other outfit, for her intended voyage, she proceeded to sea. paid for, the vessel when she arrived in this district was seized in this proceeding. There is no controversy as to the receipt ot the nets and the amount due therefor, but the claimants say the libelants have no lien. At first they contend that the contract sued on was nota maritime contract, because when the nets were contracted for there was no “vessel; the Hiram R. Dixon was not then launched but was merely a bull expected to become a vessel in procese of time, but which nevertheless might never become one. According to my understanding, the con- tract to furnish necessaries for the use of a vessel during a voyage at sea is a xnaritime contract, whether at the time of making the contract the vessel be already launched or only about to be launched; and for the rea- son that in one cage as in the other the con- tract relates to navigation, business and com- : merce on the sea. In this case the sole object ‘ of the contract sued on was to enable this vessel to make a contemplated fishing voy- age. The nets were made for this particular vessel, and without these nets the voyage then contemplated could not have been undertaken. They were an essential part of the oatfit of the vessel for such avoyage. These features are the elements of a mari- time contract. A seamen shipped for a particular voyage on a pew ship then on the ways unlaunched, who should join her when launched and perform the voyage, surely would not be debared from recovering his wages in the Admiralty. But in that case it would be as truly said as in this, that the contract is not maritime because when it was made there aot was no ship. Many charter parties have no ; doubt been signed when at the time the ship lay ‘‘in the deep bosom of the ocean buried,”’ but could it be successfully con- + tended in such a case that the charter was nota maritime contract? The question is whether the contract enables the ship to pursue her business on the sea. If in the contermp!ation of the parties to the contract such is the object and if such be its effect, ARITIME furnish necessaries for tracted, before the vessel The nets not being | the contract is a maritime contract, although it be the fact that at the time the contract is made the ship is unfit for sea, or even on the ways as yet unlaunched. ‘It is pointed out by the advovate for the claimants that the contract in question was made on land; to be performed on land; that to construct the nets required three months of time on land; and that the deliv- ery of the nets took placeonland. T:ue, but the nets were not constructed to be used on land. They were made to be used in fish-' ing, and by this particular vessel, on the sea. Attention is also called to the fact that when the nets were delivered at Bris- tol Ferry; the vessel had not arrived at Bristol Ferry; but was taking on board her boilers and engines at New York. She was however expected to arrive at Bristol Ferry ; and the master of the vessel there received the nets for the use of the veasel; to which use they were applied when she did arrive. The test of locality isnow abandoned. The true testis the subject matter. The sub- ject matter Of this contract is the outfit of the vessel for a fishing voyage from Bristol Ferry, and the sole object sought to be at- tained by the contract was the accomplish- ment of such a voyage. Sneha contract relates directly to navigation, business and commerce on the sea, and is therefore mar- itime. The contract being maritime, and the nets being necessary for the veesel to enable her to perform an intended voyage and being received on board at Bristol Ferry when she was a foreign vessel, by the maritime law a lien attached to the ves- sel enforcable in the Admiralty. So also in my opinion an action in personam against the owner could have been main- tained in the Admiralty upon the contract when performed. Again, it is contended that the contract was one for original equipment, and, there- fore not maritime. The case of the Thomas Jefferson, (People’s Ferry Co. vs. Beers, 20 How, 398) is cited as authority. In the case of the Thomas Jefferson a con- tract for building the bull of a ship was held to be a maritime contract. The only reason given is that the contract was made on land to b2 performed on Iand, and had no reference to a voyage to be performed. Considering the time when it was made (1857) this decision is to some extent ex- plained by the statement in the opinion that, ~‘the question presented involves a contest between the states and tederal goy- ernment.” In the subsequent case of the Cultivator, (Roach vs. Chapin, 22 How. 130,) argued by Judah P. Benjamin, in 1859, a con.ract for building a sh‘p or supplying engines, timber or other materials for her construction was held not maritime, upon the grounds stated in the case of the Thomas Jefferson, that the contract was a contract for construction, made on land, and had no reference to a voyage to be performed. These decisions are still law in cases tor constructing a ship, made without reference to a voyage to be performed. ‘The effect of these decisions is not to be extended by implication to other cases.’’ (Ins. Co. vs. Dunham, 11 Wall, 28.) They do not control this case, because the contract for these nets did have reference to a. voyage to be per- formed, and besides was not a constructiog contract. The nets were to be used on a then contemplated voyage, and the sole ob- ject of the contract sued on was to enable that voyage to be performed. When they were received by the vessel she was already constructed, and had made a voyage from New York to Bristol ferry. as the decisions of the supreme court now stand, wages of shipwrights earned in the building of a steamer; engines and boilers entering into her construction when she ia built, if contracted for without reference to a voyage to be performed, are not maritime contracts. The supreme court has yet to hold that contracts to make nets for a con- templated fishing voyage of a fishing vessel are not maritime because made on land and without reference to a voyage to be per- formed. Since the decision in the case of the Thomas Jefterson, other courts have held that a contract for sails made for and fitted to a ship when being bui:t, and even a con- tract for anchors and chains furnished a ship when being built, are not maritime contracts. As to which cases it may, perbap:, be justly said that without the articles in ques- tion the vessel could make no voyage at all. But not everything furnished a ship while being built goes into herconstruction. Does coal furnished a steamer before she is launched go towards ber construction? Are the furnishers of harpoons and lines tog whaler before she is launched builders of the ship? No more are these net-makers, That fishing instruments «re no: to be ae _Manine deemed part of the ship itself appeared as long ago as the lawsof Oleron. (See Godol- phin, London, 1661, Appendix. Containing an extract from the ancient laws of Oleron, No, 25.) And so, as I conceive, has the law remained until this day. My finding, therefore, is that these nets are constructed for this vessel], in pursuance of a maritime contract, and that they were received by the master at Bristol ferry for the use of the vessel, and that they were necessary for, and actually used by, the ves- sel in catching menhaden. From these findings it follows that the vessel became bound for the price of the nete, because at Bristol ferry the vessel was a foreign vessel. She was neither built nor enrolled nor owned in the state of Rhode Island. Itis again said that the nets were furn- ished upon the personal credit of Dixon and, therefore, there is no lien. The contract contemplated the furnishing of the nets to the vessel at the foreign port of Bristol ferry, and itis to be presumed that a lien upon the vessel was contemplated by the parties themselves unless something to the contrary appears, It matters nothing that the nets arrived at Bristol ferry before the vessel did. ‘They were sent there in anticipation of the ves- sel’s arrival, in order to be puton board her. there, and they were there received by her. Nothing in the contract or correspondence is sufficient to show the absence of an in- tention to sell the nets upon the credit of the vessel, It is, indeed, true that the libel- lants’ order book contains no charge ayainst the vessel, but neither the absence or the presence on the books of a charge against the vessel is ‘conclusive. The omission to mention the vessel in this instance is ex- plained by the fact that the vessel was then unnamed. Here the burden 1s upon the claimants to such facts from which an in- tention to rely solely upon the credit of the owner can be inferred, and such facts have not been made to appear. So as to the de- fence of laches. No laches is shown. In- deed this defence has not been urged in arguments. My conclusion, therefore, is that the libel- lants are entitled to recover in this action, against the vessel proceeded against, the amount due, according to the schedules A. and B., attuched to the libel, the other items having been waived. For the amount of these two bills secbedules A. and B., with interest and costs let a decree be entered. December 12, 1887. NAVAL RESERVE. Since the introduction of house bill No. 1,847 | some days ago by ex-Senator Whitthorne, who is now a congressman from the seventh Tennes see district, which provides for the estab:ish- ment of a naval reserve on the great lakes, there has been an unusual activity among lake carri- ers tosupport the measure. The cities of To- ledo, Detroit, Cleveland and Buffalo, through their merchents, have indorsed the movement, and last week there was a meeting of the Lake Carriers’ Association of Chicago at the board of trade for the purpose of taking action toward carrying forward the same project. T. T. Morford was called to the chair and stated that the object of the meeting was to con- sider the feasibility of establishing a naval rc- serve on the lakes. Lieutenant Caldwell, of the United States navy, was present and was called upon to explain the whole matter, which he did, The lieutenant stated that since Secretary Whit- | ney had strongly recommended the establish ment of an auxiliary to the navy that an effort bad been nade to form a naval reserve, and that he had been sent to examine the vessels along the Inkes to revort the condition of such craft as could be made available as eruisers in case of necessity. It was proposed to establish a re- serve, and if there were no vessels that cou'd be used then certain plans and specifications would be offered to so modify those that might be con- strucied that they could be used as cruisers. The owners of the vessels were to enter i to a provisional contract. with the goverament and give bouds for its safe performa ce. The ves- sels so bonded to the use of the government ina case of emergency were net to be interfered with in the mercantile service only for one month in each year, when they would be called | upon to go through a drilland inspection. The officers aud crews of the reserve were to be di- vided into three divisions, constituting the re- serve artillery, the reserve tor;edo corps and i the navigation reserve. No guus would be car- ried, but all arms were to be mouvted on shore carriages, and so arranged as to be shipped ata momeut’s notice, enabling the government to place a powerful fleet on the lakes in a case of necessity. Lieutenant Caldwell cited the fact that, altnough there were 6,000,000 men availa- | ble, constituting the militia of che several states, there was no naval wilitia and that it was quite necessary that at least 400,000 men sbou d be on call to vroteet the ports of the vation. The na- val militia woud be ivstructed by competent teachers and a bigh grade of naval seamanship would be the result. ‘Ihe pay of the officers of seame. should be a stated amount for the month STS ORR RT PREM oes in each year when they were called upon for drill and inspection, besides a bounty of $50 an- nually to officers of hizh rank, $25 for petty of- ficers and $20 for seamen of inferior rating. The owner of the vessel would also be paid for its use. After hearing the explanation of Lieutenant Caldwell a committee composed of Messrs. Gor- don, Spencer, Dunham, Crosby and Burke was app inted to draft appropriate resolutions to present to the board : t trade for indorsement. The monster draw of the Internation- | al Brige across the Sault Canal and Sault, River was first swung into position yester day dy hand power anb again this fore- noon and is working perfectly. Grading south of the draw will will be laid within the next 48 hours, Track has been laid on Canadian ap- proach to within 200° feet of the brigde and it will reach the bridg to morrw. A lake captain, prowinent tor his corpu- lence and impatience, made himself heard in his neighborhood, about a single Flannel Shirt his wife purchased from one of our principal clothing stores, Aa soon us he ate tempted to make himself comfortable in this new Shirt he could hardly get into ir, being too small in the body, too short, too tight in the sleeves, buttons came off, ete. Contrary to his orders, she did not patronize the Boaton Dry Goods Store ot Kohn &Co.. 213 Detroit 8t., near corner Pearl, the only Retail store in this City, where ¢hey ‘themselves manufac - ture genuine, home-made Shirts, of Flannel, Oassimere, navy bine, double and single- breasied Flannel Shirts, 54 inches wide, 40 inches long, «trongly sewed [Sor make them to order _geyif you select your own material, for 25c. each, including bu’tone, ere. In connection we have (33a merchant tail- oring department_geteonducted by our son, Jos. L. Kohn, a thoronghly-trained tailor and cutter, who offers ‘to make in first-class style, perfect jit, best workmanship guaran- teed, tine Dress Suits, Business Suits, Over coats for $10 less than any other merchant tailor, because he has no extra expenses for Rent, and does his own cutting, (which alone saves $25 per week,) all ot which secures him a large patronage, Payments at the convenience of the customers. ("Leave your measure for scarlet medi- cated Flannel Undershirts and Drawers. _ 2} Kohn & Co., 213 Detroit st., near corner of Pearl, where every Wesr Side car passes, CATARRH CURED. A clergyman, after years of suftering from that loathsome disease, Catarrh, and vainly trying every known remedy, at last found a prescription which completely cured and saved him from death. Any sufterer from this dreadful disease sending a self addressed Stamped envelope to Professor J, A. Law- rence, 212 East 9th St., New York, willre- reive the recipe free of charge. Se ee eee VESSBL PROPERTY FOR SALE be completed to- | day to the railroad yards, and the track | FOR SALE, — : : <f UG ANNIE ROBERTSON--Length 51 feet, beam Ts feos inches, depth 6 feet engine 14° inches. square, and new steel boiler list Augusi!, allowed 125. Ibs of steam. For further information enquire of * LAY BROS., Sardusky. Ohio. a es SALE, the passenger steamer M. E, MINTER, 13 tons net, 60 feet We over all, 18%4 fret beam, boller Aces: ee note Baite ae Seotch ty 3 ie is fu ’ gel business. Terms, $2.00 oR ddbopas ee RICHARD CONNELL, CAPTAIN Maskegon, Mich. SCHOONER FOR SALE, ee a i eh SCHOONER classes A2, and is 424 tons bur-_ der, Her carrying capacity is 850 ton 580 000 feet of Jumber DRAG Pe reer J, F, GREEN, Willoughby, Ohio, OR SALE—A STEAMBARGE—260 tons register, | 150 feet keel,29 feet beam,12 feet 3 inches Hoonat ee hold. Two engines 10 by 26 high pressure, 26 by 37 low pressure, compound twin screws, Boiler 16 feet 6 inches hy 8 feet, Steambarge, envine and boiler all ‘in excellent condition. Apply to : WittramMs, Branch (ffice, MARINE Recorp, — 252 South Water St., Chicago, il. FUR SALE TI\HE powerful-tug J. W. Bennett. . Len 95 feet, breadth 17 feet, deprh ef hold 9 eet, draws 9 feet of water, Engine 22 by 24. For prices and in- ~* formation address ? SANDUSKY STSAMBOAT & FISHING CO, Sandusky, Shio. th over all FOR SALE VHE TUG CAL DAVIS—Over all 65 feet, beam 14 feet, depts of hold 6% feet, draws7 feet of water. © _ Has boiler allowed 9) pousdsof steam, outboard shaft © (no engine.) All in good e ndition. Price, $1,200, For further information »ddress ie HENRY LAY & CO., Sandusky, Ohio, » ~~ SCHOONEKS FOR SALE, hire "[ HE, PRIE & WESTERN TRANSPORTATION CO, — will receive bids for the purchase of cither or _ both of their two schooners Schuylkill and Annie Sherwood, The Compiny reserves the right toseech ce any or all bids. id, will be receive z ing Februarv 1, 1888, by ate eae aa bs E. T. EVANS, Western Munager, Buffalo, FOR SALE. > * was SS eeneen VERNIE M. BLAKE—Por cate ¢ kK) _ Capacity 60 tons; dimensions, keel 55 feet, bear 19 feet 6 inches, d pth of hold 5 feet 6inches. . Address 22 Territt street, Cleveland, 0, TE sce Neel ec LL. Ho all in first-class | Al. For fall ‘partion ars adress ; Length 96 Ee Rag sek 24, as per enrol!men: city, 175i ssilon draught of 8 feet. rac ee! rer 212M feet lumber, Grand Marias to Tonaws first--lass order, rats B! new main and fore fall, needs no repa'rs. Vessel now lying at New B more, Michigan, For further particulars, atdress — GILBERT HATHEWAY, Agent, ; | Mas. E. L. HATHEWAY, Administratrix, — New Baltimore, Mich. ry\UG S. J, CHRISTIAN—Dimens'ons, 18 by 20, al- : lowed 110 lbs of steam, class A2, depth 7 to 8 feet of water, and is im first: class condition, Valuation $7,000. Will sel] her for $6,000. Tor further informa- tion inquire of owner, CAPTAIN M, ENRIGHT, 365 Ontario Stree:, Toledo, Ohio. FOR SALE, CHOONER JOHN M. HUTCHINSON—Built by Quayle & Martin. Capacity, 1.900 to 2.000 tons. In- quire of FRANK PEREW, Buffalo, N. Y. FOR SALE. EVERAL steam a d tow barges, schooners and tugs; also, three second-hand propeller engines and boilers. Address J. M. JONES, 52 Griswold St.. Detroit, Mich. HARBOR TUG FOR SALE. NHE TUG MYRTLE, of Sandusky, Ohio, for sale DD cheap. Is in first-class condition. for particu- lars write to FRED GROCH, Samdusky. 2 FOR SALE. Ty\WO MARINE BOILERS—7\ feet diameter 17 feet Jong, allowed 90 Ibs, of steam R.K. WINSLOW, Cleveland, 0. FOR SALE, CHOONER MOSELLE—Class A2»4, 245 tons, car- Ss ries about 309,000 feet ot lumber. Thoroughly rebuilt in 186, and is in first class condition. Ap- ply to MILLER BROS., 26 Market St., Chicago, Ill. GENTLEMAN oftwenty years nautical expe- rience just returned from Europe is desirous of a reengagement of master, mate or first class pilot, on steam or sail yessels. Address MAGNETIO DISTURBANCE, MARINE RECORD. Cleveland, 0 FOR SALE, CHOONER CITY OF SHEBOYGAN—Rebuilt lart tall, Entire new outfit of sails, ~igging and cabin furniture For further particulars address F. HERHOLD & SONS. 160 W. Erie St , Chicago, Til. TUGS FOR SALE. ry\UG WM. E, ROONEY—i2 by 12, 100 lbs. of steam, draws 5 feet 4 inches. SYRACUSE—12 by 12, 110 lb . of steam, draws 6 feet. For further information inquire of SULLIVAN & HUBBARD, Toledo, O T FOR SALE HE ENGINE now in the tug MUNDY, size 10 by ll. Price $250. Address L. 8. DELAND or RUSSELL M, BRADLEY, Bay City, Mich. FOR SALE. WO STEAM FEKRY BOATS—Will carry fifty passengers each; also, good-will and dock privi- legas These ferry boats are operated on a ferry Kne that will clear $1,51' a year. A~ party interested is not a practical marine man and is engaged in other business, offers for sale entire business or will seli one-third interest to capable party to take ful charge ofsame. Price, $3,900. peed cash; balance on time culars. Addrese bide enediann: MARINE KECORD, Cleveland, 0. FOR Salis. OR SALE, and must. be sold quick—Too many I partners. Propeller Benton, A2. Average load, 300M, $28,000. Barge Midnight, A2. Average load. 385M. $8,0)0. Barge Roscius, BY. Average load, $6,000M. Terms to suit parobssers if parties good. For fur. ic ddress, ther particulars, adare'p, FISHER, Cleveland, 0., EK. J. VANCE, Bay City, Mich. For Sale. One 15x16 Marine Engine. Two Steeple Compound Marine Engines, Cylinders 12 and | 20 by 76 stroke. | These are under construction and ean be completed on short notice. Will furnish BOILERS with these if desired. For prices, ete., address - |} PHCENIX IRON WORKS, Port Huron, Mich. ee WANTED, LaF eacagn OWN A STEAMBARGE, and want to buy one or 4 two barges or schooners to tow, that will carry eo) from 50) to 550 M feet of lumber. Any person haying any such boats, who will sell them at a reasonable price and on longtime Address ! f BOX 181, BAY CITY, MICH eed WANTED. : Qu AmnON AS PURSER—By a young man who Lid \) has served seven years in that capacity. Good yebae references’ if required. Boat saili:g Lake Superior iy preferred. Address PUR>ER, - 325 Theodore Street, Ottawa, Canada, ANTED IMMEDIATELY—A SCHOONER—OI — about 40 tons register, of livht draft, beam not to exceed 17 feet 10 inches. Apply to Wituiams, Branch Office, MARINE RECORD, 259 Sour Wares mp O tnqeg * MARINE REPORTER AT THE STRAITS. Reports of Passing Vessels a Specialty. — Messages Delivered to Pissing Vessels D: or Night, Weather Permitting. ay MY ICE REPORTS MAY BE RELIED ON. . SEVENTEEN YEARS EXPERIENCE The Patronage of the Marine Public Respect- © fully Requested--Charges Reasonable. F. J. STIMPSON, MACKINAW CITY MICH- STEAMBARGE FOR SALE. This isone of the finest steambarges on the lake: and was builtin 1884. She is in. condition: every respect, serviceable, easy to load end unload and a great favorite. “She can not be duplicated fo. the same money. Her dimensions are 181 feet keel, 143 feet over all, 23.4 feet beam, 8.4 feet depth of ho and {s classed A123 by Inland Lloyds, She carries t masts. Her carrying capacity is 400 to 425 tons or 1: 000 bushels of wheat,or about 240,000 feet of lumber a dratt of 9 feet 9inches. Her engine is high 18x20 and tee bos nf pad one of 7-16 Otis 8 :eed 10 miles loaded or Ye . Address MARINE & ED, Cleveland, Ohio U.S, ENGINEER'S OFPICK, 44 W Est Conoress Sr., _ Derrovr, Micu., January ) 1888. % EALED PROPOSALS wili be received at this o S until 2-p. m., February 18, 1888. and then e opened; For furnishing white ber Gates at Saint Mary’s Fi ana further information apply at this Lt. Col. of Engineers, Bvt, Brig. Ge