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CLEVELAND, OHIO, APRIL 7, 1892. NO. 15 DAMAGE 'TO CARGO—UNEXPLAINED CAUSE, U. 8. District Court, Southern District of New York. Tie burden being on the carrier to show that damage to cargo as the result of an excepted peril, he is liable, where he has received cargo in good condition and delivered it dam- aged, and is unable to explain how the damage occurred. Circuit Court of Appeals, Second Circuit. Dec. 14, 1891 General Average—Voluntary Stranding—Saving of Life— Where the master of a vessel, waich was dragging her anchor in a gale and in danger of going ashore, slipped the cable, and voluntarily stranded her, in substantially the same place, under the same conditions, and with the same result to her cargo, as must necessarily have soon resulted from her drag- ging anchor, held no case of general ayerage. 46 Fed. Rep. 125, affirmed. In Admiralty. Appeal from a decree of the District Court of the United States for the Southern District of New York, dismissing the libel of the libelant. Af- firmed. The schooner Major William H. Tantum, loaded with a cargo of iron, went fur refuge inside the Delaware breakwater, September 8, 1889. The bad weather devel- oped into the great storm of September, 1889, and the vessel gradually dragged her anchors, until the 10th, when some of her anchor chains gave way, and at 4 o’clock in the afternoon but a single one remained, and the vessel was drifting towards the beach, broadside on. In this situation, her master, fearing for the lives of those on board, determined to slip his cable and run ashore, head on. The cable was accordingly slipped, and the vessel, without canvas, paid off and went head on the beach, afterwards turning broadside to the sea and becoming a total loss. Part of the cargo was saved and forwarded to its destination. The ship-owner claimed a general average and brought this suit against the cargo- owner to recover $2,939.03, the amount charged against the cargo by the average adjusters. The District Court held that the act of the master in slipping his cable was done for the purpose of the saving life, and with no other motive, and therefore dismissed the libel. 46 Fed. Rep. 125. The libelants thereupon appealed to this court. Before WALLACE and LAcomss, Circuit Judges. Per Curtam. At the time she slipped her cable the Major William H, Tantum was on the eve, not of foun— dering in deep .water, as her counsel contends, but of going ashore. Her hatches were not even started, she was making no water, and, at the rate at which she was drifting, all the indications were that she would, ina few minutes, ground on the beach to leeward of her, broad side to the seas. The master slipped his cable and thus hastened the end, not averting any imminent peril of foundering in deep water, selecting no more favorable locality for stranding, and, though she struck bow on, swinging afterwards broadside to the seas; in other words, as the learned District Judge expresses it, strand- ing her “substantially in the same place, under the same conditions and with the same result to the cargo,” though by striking bow on there was secured a better chance to save the lives of allon board. No case of general aver- age is made out. ‘The decree ‘of the District Court is af- firmed, with costs. Circuit Court of Appeals, Second Circuit. Nov.7, 1891. 1. Demurrage—Failure to Protest—Laches.—On claim of demurrage it was shown that ueither the charter nor the bill of lading contained any provision as to demurrage; the mas- ter made no formal protest against the delay, but signed _ without objection the bill of lading, and did not bring suit untillong after. Held, that demurrage could not be recoy- eas : d Satisfaction—Retaining Check—Protest.—A tant swe eatalnedl from the charterer a check, which charterer claimed was in full payment of the master’s claim for demurrage. The master retained the check, but notified the charterer that it was not sufficient and that he would sue. | Held, that his retaining the check was not an accord and sat- isfaction, In Admiralty. Appeal from%a decreeof the District Court of the United States for the Southern District of New York, dismissing the libel of the)libelant. The respondent chartered libelant’s schooner to carry ice from Richmond, Me., to New York. » The vessel ar- rived at Richmond August 27, 1890, and her master at once gave notice of his readiness to ioad. The loading was not completed until September 10. Libelant claimed that five days would have been sufficient in which to load, but it appeared that he made no formal protest against his detention. Neither the charter nor the bill of lading contained any provision in regard to demurrage, and the master signed the bill of lading without protest. Healso made no complaint on his arrival in New York, or at any time until the commencement of this suit. The District Court dismissed this part ofgthe libelant’s claim. There was also a further claim by the libelant for demurrage at Poughkeepsie. The respondent admitted some Jia- bility, and gave the master a check for $125. The latter retained it, but did not agree to accept it in full setile- ment or to retain it. He also notified the charterer that he would sue. Onsuit.being brought, respondent claimed | that the retaining of the check by the master was an ac- | cord and satisfaction. The District Court declined to sustain the claim and awarded judgment to the libelant for $484 demurrage, less the $125 already paid, and both parties appealed to this court. Before WALLACE and LACOoMBE,‘ Circuit Judges. Per CuriAM. There is no merit in the claim of the libelant for the detention of his vesseljat Richmond. He was aware of this himself, and did not assert any such claim in his conversations with the respondents, but in- sisted upon compensation for the detention at Pough- keepsic. The respondents, recognizing their liability for the detention at Poughkeepsie, tried to induce him to accept $100 in full. = He refused and they handed him a check for $125. When he read it and saw the amount he told them it would not satisfy the owners, but they in- sisted upon his keeping it, telling him, if he found it did not satisfy the owners, to return it, and he replied that he would sue them. Not only did he promise to accept the check in full settlement, but he did not expressly promise to return it. If his conduct led them to suppose he would return it before suing them they have lost nothing by his omission todo so. Even if he had ex- pressly promised to do so, his subsequent neglect or re- fusal would not {afford the respondents a defense. He was entitled to a much larger,sum, and nothing short of an accord and satisfaction, or the acceptance of the check as a discharge in full, isa release. The decree is affirmed, without costs of this court to either party, both parties having appealed, and the cause is remanded to the Circuit Court with instructions to enter a decree ac- cordingly, with interest. ED oe oe NOTICE TO MARINERS. UNITED STATES OE AMERICA—NORTHERN AND NORTH- WESTERN LAKES, Sheboygan Pierhead Range-Light. Notice is hereby given that on or about April 25, 1892, a fixed red lens-lantern range light will be established, on a post 22 feet high, on the outer end of the north pier at the entrance to Sheboygan Harbor, Lake Michigan, Wis- consin. ‘The light should be visible in clear weather 2 or 3 stat- ute miles, and with Sheboygan Pierhead Light will form arange showing the direction of the piers and the course to be followed in entering the harbor. Point Betsey Light. Notice is hereby given that, on or about April 23, 1892, the characteristic of the light at Point Betsey light sta- tion east shore of Lake Michigan, Michigan, will be changed from fixed white, varied by a white flash every 90 seconds, to flashing white every 10 seconds. The order of the light will not bechanged. By order of the Light- house Board. JAMES A. GREER, Commodore, U. . Navy, Chairman. Office of the Lighthouse Board, Wash- ington, D. C. March 29, 1892. + ee CANADIAN TONNAGE, Special Correspondence to The Marine Record. Toronto, CAn.—According to the annual report of the Dominion Department of Marine, the total number of vessels remaining on the register books of Canada on the 31st. December, 1891, including old and new vessels, sailing vessels, steamers and barges, was 7,015, measuring 1,005,445 tons register tonnage and being an increase of 24 vessels, and a decrease of 19,499 tons register as com- pared with 1890. The number of steamers on the regis- try books at the same date in 1890, was 1,433, witha gross tonnage of 221,679 tons. Assuming the average value to be $30 per ton, the value of the registered tonnage of Can- ada on 3lst. December would be $30,164,250, The number of new vessels built and registered in the Dominion of Canada during the present year was 312, measuring 52,145 tons registered tonnage. Estimating the value of the new tonnage, at $45 per ton, it gives a total value of $2,346,525 for new vessels. The number of tons of new vessels is included fn the total register tonnage of 1,005,475, and in the total value of $30,164,250. ‘Tne registered tonnage is less than it was in the years 1874, 1875, 1876, 1877, and less in fact than it has been in any one year since 1873. np oO or STANDARD TECHNICAL BOOKS. Regular |With The Marin Wasieay ts ___|Retail Price.|Record one Year Hessonls Inland Marine} = TINOO Saesasnectenaare Law of Bills of Lading..| *1-00 Sees Patterson’s Nautical Dic- 3 tionary, ¢J..scot eevee Drawing & Rough Sketch 5,00 ek ing for Engineers by James Donaldson.... -. 50 4,00 Bootie Hee Pilot (new re 5 edition ics stsieteuk 9 Simple Elements of Navi- an BOE ation. ys a Vink 2.00 } 3.50 avigation...-.--...... Practical Seamanship...... on 180 Thurston’s Manual of the x : Steam Engine, part 1.. 7.50 9.00 Thurston’s Manual of the! ‘ 7 Steam Engine, part 2 - 7.50 9.00 United States and Canadian charts and any publication on Navigation, Shipbuilding, Engineering, ete., etc., will be supplied at proportionately low rates. Address THE MARINE ReEcorD, Smith & Swainson, Publishers, 144 Superior St., Cleveland, Ohio. ‘ a A 9 A NEw piece of machinery to expediate the delivery of armor plates for the new war ships will shortly be added to the great steel plant of Carnegie, bine & Co., Pa. It is a steel saw weighing 110 tons, that will cut a nick- el]-steel armor plate as an ordinary saw cuts a plank. The armor plates rangein weight from lant to thirty-eight tons, and reach a length of 20 feet, and a thickness of 20 inches. This saw has a blade 8¢ feet in diameter, geared from above and revolving horizontally. ‘The armor plate is placed ona tilting table, which is adjustable to any angle and presented to the edge of the saw endwise. The forward motion of the carrying table thrusts the plate steadily against the teeth, and an angular slab of cold nickel-steel weighing perhaps a dozen tons is taken off — like the slab off a pine log. It will be used also for cut- ting plates into any desired dimensions.