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" J. D. JONES, Prest. THE MARINE RECORD. TREASURY DECISION. Treasury Department, January 15, 1892. Sir: This Department is in receipt of your letter, dated the 2th. ultimo, stating that you have required the master of the ‘American ship Undaunted to pay you the wages of the mate of that vessel who died at Rio de Janiero, Two hundred and seventy five dollars ($275) of the amount was exacted to cover wages supposed to have accrued from the date of the mate’s death to the time of the subsequent arrival of the ship at your port, where the voyage ended. petits The Department concludes that_ the decision in 1809 of the United States District Court for Massachussetts in the case of the ship Hazard Bee’s Reports, 4411, rather than the various decisions to the contrary of the United States Courts, cited by you, as supporting your action, embodies the law governing the matter, {n thatcase it was held substantially, that, by general principles of law, on a contract of hire, no compensation can be claimed beyond the death of the party hired; that the laws of Oleron, of Wisby, or the Hans towns, do not provide, that, in the case of the death of a seaman on a voyage, wages are recoverable beyond the time of his death; that the Consol- ute del Mare in case of an engagement by the monih, and death on the voyage, expressly limits the wages to be recoyered by heirs to the time of the death of the mariner; that the law ma— rine has not been otherwise understood and received in Eng- Jand, but in regard to an engagement by the month, and death on the voyage, appears to be consonant to the Consolate del Mare; that the usage has been to make payment of wages in such case only to the time of the death of the seaman, and that the law maratime will not sustain a claim for wages by the legal representative of a seaman beyond the time of his death, when the engagement was by the month. (See also Carey vs. The Kitty and Owners Bee, 255). It has been suggested that a different rule might be applied by the courts if the death resulted from the execution of an order by a shipmaster for a seaman to perform some act not in the line of his duty. The rulings cited seem to have been recognized, impliedly, by Congress in many statutes since passed, Sections 4538-9, Revised Statutes, provide for a statement of the wages due a sailor in a foreign part, and for the payment of the balance of “wages due’’ to the shipping commissioner, but authorizes a consul under certain circumstances (o require ‘the wages’ to be paid to him. ‘The consul could not know what would be due if the wages ran until the end of the voyage. Section 45276, Revised Statutes, provides for the payment of wages to the time of the loss or wreck of a vessel and not afterward. Section 4527, Revised Statutes, provides for extra wages of one month on discharge at a foreign port prior to the expiration of the contract, without cause. Section 4528, Revised Statutes, de- clares that a seaman shall not be entitled to wages if he refuses to work, nor for any period during which he is lawfully im- prisoned. Section 4582, Revised Statutes, authorizes on the sale of a vessel at a foreign po't the discharge of the seamen, and requires payment of the wages then due. The Act of June 26, 1884, authorizes the discharge of seamen at a foreign port for a variety of reasons on payment of the wages which are due, or which may then be due. It is understood to have been the practice for many years to pay wages in such cases to the date of the seaman’s decease only. You will take action accordingly, refunding to the master or other person entitled thereto the $215 eroneously received as wages accruing after the death of the seamen. It the amount has been paid into court, you will please notify the persons concerned of their right to petition for a refund of the amount exacted to excess, It is suggested that such petition should be immediate to fore- stall distribution, and that it shculd be drawn by youf free of charge. Please report the final disposition of the matter. O. L. Spaulding, Acting Secretary. To U.S. Shipping Commissi San Francisco, Cal, $e 9 > HONORS TO AN AGED LIFE SAVER, The triends of Joseph Francis, the inventor of the now universally used metallic lifeboat, which made him fam throughout the entire maritime world, has just celebrated his 91st. birthday anniversary at his home in Minneapolis, Minn, Mr. Francis was born in Boston Mass. He built the first life. boat ever launched in American waters, and during his long and busy life Invented no less than 27 different appliances, i life saving in their tendency. His most noted invention was _ the life car, the first one built, having in the winter of 185] saved two hundred lives from the wreck of the British shi, Ayrshire, which went ashore on the New Jersey coast during a blinding snow storm. This identical car is now on perman- ae exhibition at the Smitisonian Institution at Washington, D.C. Nearly every crowned head in Europe has bestowed honors — and titles on this life saving inventor. He was made honorary member of tne Humane Society of London, and elected bene factor of the Imperial Shipwreck Society of France. All these ribbons, snuff boxes and medals, etc., together with the Star of Fame gold medal presented to him by President Harrison in accordance with the action of the Fifteenth Cong ress, have been turned over to the Smithsonian Institute. ae December 6, 1891, Harry L. Watrous of Ashtabula set a pint bottle adrift, after placing inside it a note a:king the find- er to write him. Last week, be received a letter from Roy Crawford, of Clear Creek, Ont., Canada, saying that he had just found the bottle, which had been three months to a day getting across the lake, that is, providing it had been found directly after it landed on the beach. ORGANIZED 1881 Michigan Fire and Marine Insurance Co., DETROIT, MICH. CAPITAL, : =o - ASSETS, - = - LOSSES PAID, over a = D. WHITNEY, Jr. Presipent. the season of 1892. LOSSES PROMPTLY PAID. MARINE AND (ORGANIZED 1842.) Office, 51 Wall Street, NEW YORK. INSURES AGAINST MARINE AND INLAND TRANSPORTATION RISKS AND WILL ISSUE POLICIES MAKING : LOSS PAYABLEIN ENGLAND. Assets over $10,000,000.00, for the Security of its Policies. ssured, and are divided annually rn ; thereby reducing the cost of in For such dividends, certificates are issued bearing interest until ordered The profits of the Company revert to. the upon the premiums terminated during the yea1 surance. to be redeemed, in accordance with the charter. W. H. H. MOORE, Vice-Prest. CROSBY, MACDONALD & COMPANY. GENERAL MARINE !NSURANCE AGENTS. CHICAGO, ILL. Rialto Building. F.P, BUDDEN, President. SouTtH BROOKLYN STEAM ENGINE WoRKs. VAN BRUNT & SUMMIT STREETS, E CONDENSERS. ¢ Successors To WILLIAM A. LIGHTHALL. : H.B.& G. B. BURGER, EUGENE HARBECK, Secretary. This Company will transact a Hull and Cargo business on the Lakes during INSURE IN A STRONG HOME COMPANY. INLAND INSURANCE. Atlantic Mutual Insurance Company, A. A, RAVEN, 2nd Vice-Prest. Pat. Combined Surface Condenser $ 400,000 900,000 1,500,000 ASSETS, - CHARLES PLATT, President. J. H. CHAPMAN, Secy. | CHICAGO OFFICE: W. EB. VOLZ, Secretary & reasurer. O*= BROOKLYN, N.Y. BUILDERS OF THE and Feed Water Heater, Jondenser with Cobb's it Weight Bras Jon Also Feed 1s,Screw Glands, EUGENE L. ELLISON, 2nd Vice-President. JOHN H. ATWOOD, Assistant Secretary. LAKE MARINE DEPARTMENT. GEORGE L. MCCURDY, Manacer. TRANSATLANTIC MARINE INSURANCE 00, - ~ - GENERAL INSURANCE CO, - SAXONY INSURANCE 60. - ~~ - AGGREGATE CAPITAL OVER $6,500,000. The above Companies will do a General Hull and Cargo Business on the Great Lakes. 6 SHERMAN STREET. Insurance Company of North America, INCORPORATED 1794. CAPITAL, PAID UP IN CASH, 2 $3,000,000.00 $9,273,220-00 WILLIAM A. PLATT, Vice-President. GREVILLE E. FRYER, Sec’y & Treas. CHICAGO, ILLS INLAND MARINE INSURANCE, UNION MARINE INSURANCE C0, (LIMITED.) OF LIVERPOOL, ENGLAND. OF BERLIN OF DRESDEN OF SAXONY P. H. FLEMING, GENERAL MANAGER. WHEELER CONDENSER AND ENGINEERING CO, 92 & 94 Liberty St., NEW YORK. Proprietors and Manufacturers of WHEELER’S IMPROVED Patent SURFACE CONDENSERS ALSO THE Wheeler “ Admiralty” Condenser, WITH PATENT SCREW GLANDS, The Wheeler-Lighthall Condenser With Patent Waterproof Packing. ’ oe LIGHT WEIGHT SURFACE AND JET CONDENSERS, FOR STEAM YACHTS, ETC., A SPECIALTY BUFFALO SIGNAL LAMPS 2. For Steamers and Sailing Vessels SHIP-BUILDERS & CONTRACTORS. MANITOWOC DRY DOCK. 1 . . Dry Dock will admit Vessels of 1100 tons drawing 12 feet. Have also a set of Boxes in connection with the Shipyard capable of lifting Vessels of 350 tons. A large stock of SPARS constantly on hand, LARGE SPAR DERRICK, GET THE BEST AND AVOID COLLISIONS. | MANUFACTURED BY RUSSELL & WATSON Successors to FELTHOUSEN & RUSSELL. 139 & 141 Main St. BUFFALO, N, SEND FOR CATALOGUE, . _ Vessels Docked and Repaired on Reasonable Terms. MANITOWOC, WIS.