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Ihe Marine Recor. MARITIME LAW. INGS WITH OWNER—PRESUMPTION—CREDIT OF VESSEL.—GEORGE V. STEAMBOAT AERO- NAUT. D. 8. District Court, Southern District of New York * 1. In foreign ports, supplies furnished by mater.x] men upon the order of the mas- ter, or of the ship’s agents, without know)- edge of any charter forbidding a credit of the ship, and without means of knowing of any such charter, are presumptively fur- nished on the credit of .he ship, 2. But, upon personal dealings with gen- eral owners or with charterers who are own- ers pro hac vice, whether at their own place of residence, or #t another port, the legal presumption is tha: the dealings are not with the ship, but upon the ordinary per- sonal responsibility of ths owners; und no lien is) in.such a case sustained, unless a credit of the ship is proved to be within the intention of both parties. 8, Supplies were furnished to the steam- boat A. by the libelan's, in New York, The owner Gf the vessel resided iu Jersey City, and the vessel was chartered to a corporation whose office wasin New York, the charterer being the owner pro hac vice, and to pay «ll the vessel’s running expenses. All the Jibelant’s dealings were directly with the charterer; the libelant had no dealings with the negoliations no reference was made to the vessel as a source of credit. Held, that no lien for the supplies was created ou the vessel. The Aeronant was owned by Mrs. White, who resided in Jersey City. Her businese was transacted by her husband in New York, which was the headquarters of the vessel. The steamer was chartered to the Newcomb, Rapid Transit Company, a New Jersey corporaticn, for $20 a day, payable in ad- vance, to run between New York and South Norwalk, Conn. The office of the transpor- tation co. wasin New York. The charterers were owners pre hac vice, and were to pay all the vesse!’ Supplies to the amount of $100.94, principally for the z engineer’s departinent, were furni-hed the 5 vessel by the libe’anis, in New York, be- Ws tween October 15 and November 4, 1887. All the negotations and orders for the sup- plies were made at the office of the char- terers by the general manager of the com- pany. The libelants had no dealings with the master, nor was he known to them. In the negotiations, no reference was made to the ship as a source of credit. Brown, J. The jibelants made no inquiries as: to whether the cbarterers owned or had chait- ered the Aeroaaut. A year or two previous they had furnished supplies to her on Mr.: ite’s orders, when she was running under his direction; but as it is not clear thatsthe Jibelants had any recoliection of these prior _ trunsactions at the time of their negotiations ith the Rapid Transit Co. I shall not con- sider | whether or not they were fairly put upon inquiry as to the relations of the com- pany to the Aeronaut. Independently of this. consideration, however, and treating the libelante as igrorant of the chsrter, the lien cann»t be sustained; since the dealings were all directly with the echarterers, the owners pro hac vice, in person; and in the same state where the supplies were fur- mished to the ship, and there is no evidence either of any intent on the charterers’ part to pledge the ship for these supplier, even i; they had power to do so, or of any of theirs to lead the libelanis to such a supposition. As the charterers bad received possession of the vessel on the condition that they should pay for all supplies, they had no actual anthority themselves to create a lien upon the ship for such supplies, in the absence of exceptional circumstances; and when, as here, the ship bring so near her home port had in her ac'ual business home, had no need of the supplies for any interests of ber own, or of her general owners. ‘his point was directly adjudicated in this circuit in the case of the Secret, 15 Fed. Rep. 480. The same principle was adjudged in the case of the Turgot, 11 Prob. Div. 21. In the case of the India, 16 Fed. Rep. 262, 21 Blatch., 268, i the supplies were not ordered by the chart- "e erers in person, but by the agents of the ship, in a foreign port, and ina port of a different state from that of the charteérer’s residence and business; and the observa- tions of the court in that case are to be taken in reference to the facts of the case. In foreign ports, supplies furnished by material men upon the order of the master, or of the ship’s agents, without knowledge of any charter virtually forbidding any use of the ship’s credit for such purposes and without means of knowing of any such charter are presumptively furnished on the credit of the ship. The general owner, in chartering the ship, takes the risk of such. liens, because under the marine law material men in deal- ing with the master or ship’s agentina foreign port, and in the course of her voy- - age, are authorized to trust the ship, and are e ; not bound to make inquiry, beyond the x necessities of the ship. Both partics are pre- : sumed to be dealing on the basis of the eredit of the ship. But upon personal deal- ings with the general owners or with chart- erers who are owners pyro hac vice, for sup- plies to be furnished within the same port or state where the contract is made, the legal presumption is that the dealings are not with the ship, or upon her credit, but upon the ordinary personal responsibility of 8 running expenses, the master, nor was he known to him; in} the owners, with whom supply men deal; and no lien is in such a case sustained, un- MARITIME LIEN—SUPPLIES—PERSONAL DEAL-| less a credit of the ship is proved to be with- in the intention of both parties, as was spe- cially found by thecourt in the cases of the James Guys 1 Ben. 112, 5 Blateh. 496, 9 Wall. 758, and the Kalorama, (10 Wall. 204.) This subject, and the previous authorities bearing upon it, were fully considered by this court in the cuse of the Wm, Cork, 12 Fed, Rep. 919, Stephenson v. the Francis (21 Fed. Rep. 715, 719 728,) and Neill v. The Francis (do, 921). The same principles have been sffirmed in numerous later cases in other circuit and district courts. The Norman, 28 Fed. Rep. 283; the Mary Mor- gan, do., 196; the Cumberland. 30 do., 449; the Pirate, 32 do. 486; the Glenmont, 84 do. 402, 404; the Kingston, 23 do, 200. The libelants’ dealings in this ease were all directly with the charterers in person, There is no legal presi mpticn that aids the libelants in making outa maritime lie . They must rest upon the facts as they ex isted; and upon there facts, not only had the charlerers, under the circumstances of this case, no suthority to charge the ship for these supplies, but there is no evidence that they had the slightest intention of doing 89 Nothingin the negotiations, or in the ordering of the supplies, points to the ship as any intended source of credit within the common intention, and the charterers could not have done so, without fraud on the general orders. In its facts, the case is almost precisely similar to those of the Metropolis, 8 Ben. 19 and the Mary Morgan, 28 Fed. Rep. 196; and as in those cases, the libel must te dismissed, but, under the cir cumstances, without coats. October 11, 1888. THE ‘LIFE-S AVING SERVICE From the report of Superintendent Kimball of the life saving service it appears that the num- ber of life-saving stations in commission at the close of the year was 222. With the extension of the service, the number of disasters falling: within its scope has ccrres- |pondingly increased. The success of its opera- ; tions, however, has in nowise abated. The ser- vice has continued to improve its methods and appliances, and this year offers a rceord excel- ling any heretofore presented. More lives and property were involved in disasters than in any former year, while the lossof both is in propor- tion less, There were during the year 411 disasters to documented vessels. On board these vessels there were 3,653 persons, of whom 3,641 were saved aud 12 Jost. The number of shipwrecked persons succored at the stations was 743, and they received 1,898 days relief in the aggrega e. The value of property involved is estimaied at $9,555,285; of this ‘$7,776,405 were saved, and $1,778,880 lost. The number of vessels totally lost was 71. In addition to the forgoing there were 133 disasters to smaller craft, such as aail- boats, row boats; ete., involving the lives of 297 persons, of whom 292 were saved and 5 lost. The property involved ip these. instances is esti- mated at $197,935, of which $190,255 were saved, and $7,680 lost. THE BEST WINDLASS. J. F, & C, N. Davis, ot 'WalCoboro, Me., io writing the American Ship Windlass Go., say: ‘We had a very gool launch and your windla-s worked toa charm. We had only three times our length to run to the other side of the river aud hal to depend wholly on cur anchors and your winala s to stop her. 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