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VOL. XV. CLEVELAND, OHIO, JANUARY 21, 1892. NO. 4, Maritime Law. Interpretation of Charter party—According to the sti- pulations of a charter party, asteamship was to go to the charterer’s loading berth, and there load, “always afloat,” afull cargo. The ship having arrived at the berth, loaded a part of her cargo. It was then found that, though she could take in the remainder of the cargo, be- ing “always afloat,” she could not, when completely load- ed, in the then existing neap tides, have passed over the dock sill for a week. Consequently, she left the dock and finished her loading outside. It was decided that as she could load “always afloat” in the dock, she was not en— titled to leave it to avoid being neaped. Inequitable Salvage Agreement—lIt has been held that if the parties to an agreement for salvage services about to be performed on the high seas have not contracted on equal terms, this fact will not invalidate such an agree- ment, but, if the master of the ship about to be salved is at a disadvantage, and the sum insisted upon by the in- tending salvor is, in the opinion of the court, exorbitant, the necessary elements exist for setting aside the agree- ment as inequitable, SALVAGE SERVICES. As an indication of how salvage services now rule in the English courts we quote the following two cases: Admiralty Division, November 10th.—The owners of the Treyorian sought to recover for salvage services ren- dered to the Tredegar. The value of the Trevorian was £25,000, her cargo £28,000, and her freight £4,280. The value of the Tredegar was £10,000, her cargo £16,000, and her freight £1,225. On October 16th last the Tre- vorian was on a voyage from Kurrachee to Dunkirk with a cargo of wheat, and at about 9 a. m. she was about 20 miles SE of Cape St. Vincent, on a NW course; there was a fresh breeze from the NNW, and a strong sea run- ning with the wind. The Tredegar was observed about four miles off, with her main trysail set and heading to the northward. She subsequently exhibited three black balls, and it was found that her crank shaft was broken, and that she wished to be towed into Lisbon. The Tre- degar was rolling heavily broadside to the sea, and the captain of the Trevorian went on board at considerable risk, and then ascertained that the vessel had broken down at 2a.m. At about noon towage commenced, a speed of about five knots being obtained. Beyond Cape St. Vincent there was a very heavy sea and a strong wind, and both ships rolled very much and took water over their decks. Though the engines were kept at full speed, the way dropped to about four knots. At about 3 a. m. the next day the rope stranded, and, at great risk of fouling the Trevorian’s propeller, had to be got in and made fast aft the stranded part. At about 2:30 p. m. the Tredegar was brought safely into the Tagus. The tow- age altogether was about 150 miles, and it was contended that by the services the Tredegar was rescued from great danger. It was denied in defense that the Tredegar when taken in tow, was rolling heavily, or that there was any serious risk of the Treyorian’s propeller being fouled. His Lordship awarded £1,200:—£900 to the owners; £100 to the master; and £200 to the officers and crew accord- ing to their ratings. In this case the total property involved was neariy half a million dollars; service about 30 hours and distance towed 150 miles, recompense $6,000. Admiralty Division, December 5th.—The owners of the Scythia sought to recover for salvage services ren- dered to the Edam in the Atlantic. The value of the Seythia £50,000, her cargo £58,359, and her freight £3,448, The Edam was valued at £16,500, her cargo at £40,000, and her freight at £1,244. The Scythia was bound from Boston to Liverpool with a general cargo and passengers, and on October 16th, when about 854 miles from the Fastnet, sighted the Edam making signals of distress. The wind was N W., and there was a heavy swell, causing both vessels to roll heavily, It was found that the Edam had lost her propeller nine days previously, and had been knocking about. It was agreed to tow the vessel to Queenstown, and at 2:35 p.m. towage was commenced. The hawser shortly afterwards parted, and it was dark before the hawsers were secured. The towage was con- tinued till the 19th, when the wind increased to a fresh gale, the Edam steering badly, and sheering wildly. The weather continued bad on the 20th, and on the following day there was such a heavy sea that at one time there was not more than 15 or 20 yards between the two ves- sels, and the Scythia’s engines had to be put on full speed ahead. At about 1:45 p.m. the Edam was cast off in a safe position in Queenstown Harbor. It was con- tended that by the services the Edam was rescued from a most perilous position; the towage extended over 914 miles, exceptionally heavy weather prevailing during the time. The Scythia was detained two days, and sus- tained actual loss to the extent of £123, besides being exposed to considerable danger. It was urged in defense that at no time was the weather dangerously bad; the services were well rendered, but were without risk to the vessel. His Lordship awarded £4,500; three-fourths to the owners, £250 to the captain, and the remainder to the officers and crew according to their ratings. In this case about one million dollars was involved in the service, towage 914 miles and only $22,500 awarded. + + HOME FOR AGED MARINERS. The following is the text of a Bill introduced in the House by Tom L, Johnson at the request of the Veteran Seamen’s Benevolent Association. To create a home for crippled, infirm, and aged seamen of the merchant marine service: 1. Be it enacted by the Senate and House of Represen- tatives of the United States of America in Congress as- sembled, That the Secretary of the Navy be, and he is hereby, authorized and directed to erect and establish a home, at such place as in his estimation shall be most desirable, for crippled, infirm, and aged seamen of the merchant marine service, subject to the following con- ditions and limitations: Persons to be admitted to the home shall be citizens and residents of the United States for at least five years prior to their making application, and shall have sailed at least five years under the flag of the United States, and shall be so disabled, infirm, or aged that they are unfitted to longer follow their calling. SEcTION 2. That persons desiring admission must make application to an examining board; this board to consist of the collector of customs, the United States marine surgeon, and the inspector of hulls for the district in which the institution is located. It shall be the duty of this board to examine thoroughly into the qualifications of the applicant, and if he produces positive and satisfac- tory evidence, the board shall grant him a certificate of admission. Src. 3. That the home shall be under the management of the Secretary of the Navy, and he shall appoint a governor, who shall be in charge, and who may employ such additional help as he may consider necessary. He shall also prescribe the rules necessary for the manage- ment of the home, subject to the approval of the Secre- tary of the Navy. Sxc. 4. That for the purpose of carrying out the pro- visions.of this act, a suflicient appropriation, to be desi gnated by the Secretary of the Navy, is hereby made out of any moneys in the Treasury not otherwise appro- priated. Sec. 5. That this act shall take effect from and after its passage. D> oe a NON-DELIVERY OF CARGO. A Buffalo vessel owner has been involved in rather an interesting action for non-delivery of cargo. It appears that the Champion was loaded at Chicago with corn which constituted part of a 200,000 bushel lot that the ship- pers had contracted to deliver at Liverpool, by the 20th. of the present month. At the time shipment was made documents showing the Champion’s cargo constituted part of the corn under contract were forwarded to the foreign consignees, and as the price of the cereal has since then declined from 10 to 15 cents, other corn cannot be submitted without the consent of the purchasers abroad, Knowing this, the shippers had for some time past been negotiating with the vessel owner, for his consent to the delivery of the cargo at an elevator in order that it might be forwarded by rail, but he insisted upon paymeut of the freight money before granting the permission asked. To this the shippers demurred and replevened the cargo having it transferred to cars. With the best of despatch it is questioned whether the consignment can be placed on board ship at New York before the 20th., and there- fore extremely doubtful whether this fractional part of the 200,000 bushel lot will, or will not result in the annul- ment of the entire contract. In the event of annulment, the Shippers would have to beara loss of anywhere from $20,000 to $30,000, because of the delay, and naturally they will look for compensation. At any rate they will decline to pay the Champion’s freight, and endeavor to collect from the vessel owner through the courts, the additional expense they have been put to in forwarding the corn to the seaboard. TEED Oo a CANAL AND HARBOR PROTECTIVE UNION. At a meeting of the Canal and Harbor Protective Union held in New York on Friday last, resolutions were adopted appealing to the legislature to prevent rail- roads from discriminating against the State canals re questing that the Erie canal be improved as recom- mended by ex-State Engineer Horatio Seymour, Jr., and that $2,000,000 be appropriated annually until the work is completed. Assemblyman Riley’s bill appropriating $750,000 for the Champlain canal was indorsed. It was also recommended that liberal sums be appropriated for the improvement of Black River, Oswego, Cayuga and Seneca canals. Resolutions against “the railroad grain elevator combines of New York, Brooklyn and Buffalo,” were also adopted and a request was made that the pres- ent Legislature make provision for the construction of a suitable number of grain elevators to be operated by the State at the above mentioned points. It is the purpose of the Union to hold a meeting in Albany on or about February 14th, when ways will be devised to get bills favoring the canal enacted. bats THE MARINE RECORD FOR ONE YEAR ——AND—— Beeson’s Inland Marine Guide Law of Bills of Lading -. =: 6.50 — Patterson’s Nautical Dictii Vincsangenes - 6.00 Drawing and Rough Sketching for Engineers by James Donaldson..... .......... 4.00 Scott’s Coast Pilot (new edition)... Simple Elements of Navigablons: “Wrinkles” in Practical Navigation Practical Seamanship..........--..-.. ¥ United States and Canadian charts and any publicati no on Navigation, Shipbuilding, Engineering, etc “a i be papplice with THE Marine ReEcorp at p 0 ately low rates. Address Tur MARINE D & Swainson, Publishers, 148 Superior St., Clevelan