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MARINE LAW. SCHOONERS’ LIABILITY FOR NECESSARY SUP- PLIES—THE HOME PORT. Circuit Court, District of Massachusetts. In Admiralty, C.‘T. Russell and C. ‘I. Ruseell, Jr., for libellants, appellants, Geo. M. Reed, tor claimant. Lowell, J. ‘The sehvoner Jennie B, Gilkey was sold in the district cout, and certain debts which were admitted to be privileged were paid out of the proceeds. The libel of H. M. Baker & Co., ofNew York, for necessary supplies furnished the master in New Yokr tor his lust voyage, waa rejected, because according to the eviderice in that court, New York appeared to be the home port of theschooner, A new case ix made in this court, anu has been very thoroughly pre- pared and argued, both. upon the facts and the law. Theclaimant, Mr. Loring, owns the greater part of the vessel, and contests the lien of the libelunts. When these supplies were furnished, the vessel was owned in Mas- sachusetts, Maine, and New Hampshire, ex- cepting that Loud & Co., ot New York, owned one sixty-fourth part... ‘he case tor the libelants is, that the schooner was built and largely owned in. Boston, and hada permanent register in that port; that ‘Boa- * ton’? was painted on her stern; that they be- lieved, and had reason to believe, that she was a Boston vessel; and. that in fact she was so. The contention of the claimant is, that New York was the home port of the vessel, because Loud & Co., of. that city, were her managing owners; or that the master was such owner, and usually re- sided in New York; that, theretore, she should have been registered there; and that admiralty, like equity, will hold that to be done which ought to have been done. If Loud & Co. were the husbandg, or acting and managing owners, of the vessel, the registration should have been changed to New York when they were appointed to that office.. Rev. St. § 4141. It does not necessarily follow that New York became, ipso facto, the home port, without change of registra- tion. [ have seen no case which decides that the home port shifts as often ag the managing owner is changed, without change of papers, or that material-men are bound to discover who is the managing owner of a veseel, or what place is his usual place of resi, dence. One case decides that the port of en- rollment is the.home port, if the managing owner lives there, though a majority of the owners live in another state. ‘The Indiana, Crabbe, 479. In that case the decree was that the veasel changed her home port from acertain day, which was that of her new enrollment at the port of the managing own- er, and not that of the sale to him; but the time between the conveyance and the enroll ment was trifling, and the point does not appear to have attracted attention, It has often been decided that the place of residence of the owners is to be considered the home port, even when the registration is in another state, if the facts of ownership and residence were known. or might have been known, to the materialeman, (‘The Golden Gate, Newb. 308; The Albany, 4 Dill. 439; ‘The E. A. Barnard, 2 Fed. Rep. 712; The Mary Chilton, 4 Fed, Rep. 8473) but I have seen no case which brought up ‘ny question between majority and minority ownership, or between the managing and not managing ownership, in a case of this kind. It is equally well extablished that the port of registry is, in acase of this kind, prima facie the home port, to be overcome by clear proof, before any other home is tuken as the true one. The Superior, Newb. 176; The Sarah Starr, I Sprague, 453; 2 Pars. Shipp. & Adm. 326. Mr. Justice Clifford said that the statute requiring the name of the port registry to be painted on the stern is intended to give toall persons in- terested notice of the home of the vesse), »nd this statement is quoted ip an opinion in the supreme court, The Martha Washington, 1 Chiff. 463, 466; Morgan v. Parhatr, 16 Wall, 471,475. AslI find the facts to bein this case it will not be necessary to go beyond these decisions. Loud & Co, testify that they acted merely as brokers or consignees of the vessel, and neither had, nor assumed to have, any of the powers of managing owners; and this is confirmed by all the evidence. ‘I'he schoon- er’s voyages, during some years, were chiefly tween New York and foreign ports, and as isso common with New England vessels, the master sailed heron shares. He undoubtedly took the responsibility, and gave the orderg for all the voyages and business of the ves- sel; and Loud & Co. acted precisely ar they did for all other vessels which they dis- bursed. ‘The fact that New York was the headquarters of the vessel, as it must be of general freighting vessels on this const, has no effect to make it the home port. Hayes v. Pacific Mall Co. 17 How. 596; Morgan v. Parham, 16 Wall. 471. In taking out registration, Mr. Loring, the present claimant, represented himself to be the managing owner. He says that he signed the papers because he was told by Captain Gilkey, his brother-In-law, that they were necessary, and knew nothing about their contents, which | take to be the fact. Still, Mr, Loring was the largest owner, and all the managing owner that the vessel had, unless the masier shall be considered so. I agree with the claimant that it is doubtful whether the master can be the ship’s hus- band, or acting and managing owner in the sense of this statute; but, however this may be, 1 do not find, asa fact, that Captain Gilkey was such husband, or acting and managing owner, nor that he usually resided in New York. He managed the voyages of the vessel, as charterer and special owner: not as ship’s husband, in the senee of the statute; nor did he reside in New York. Judge Ware decided that a merchant who passed most of his time in New York. might be considered as usually residing there, THE MARINE REC ORD. ‘There is some difference of opinion whether jnsurance, though duly authorized, gives the underwriters « privilege for the premiums ‘The better opinion appears to be that it does not, because insurance is not a necessary supply for the ship itself, but only 4 pradent security for the proprietary in- terest of her owners. Compare ‘Ihe Collier, 8 West. Law M. 521; The John T’. Moore, 3 Woods, 61; ‘Te Heinrich Bjorn, 8 Prob. Div. 151; The Dolphin, 1 Flippen, 680, aud the reporter’s note; ‘The Guiding Star, 9 Fed. Rep. 521; The Riga, L. R. 3 Adm. & Ecc. 516. The strongest argument made by the libelanta is that the premiums may be re- garded like interest, as a charge for delay of payment. In some bottomry bonds sucha charge is made by agreement; but whether the courts will uphold ‘it, is doubtful. See The Boddingtone, 2 Hagg. 422. ‘I'he Robert L. Lane, 1 Lowell, 388; where the question was not decided, but only referred to. Tf it were proved that by a general, long estab- lished, and well-known custom, premiums of insurance ate to be added to the. account by way of consideration for the forbearance, they might possibly be allowed, on the theory that the charge tor interest was pro- portionally diminishec, or that the arrang- ment was an entire one, from which. no one item was to be separated. No such evidence was offered. ’ It must be remembered that the schooner was sailed on shares under a parol charter, which required the master tc supply the ves- though he was domiciled in Maine. ‘The St. Lawrence, 3 Ware, 211. Ihave my doubte of the soundness of this opinion, but do not now controvert it. Captain Gilkey was often in New York, but it was because his vessel happened to be there at the end ot his voy- ages. He called himself a resident of Boston, or of Somerville, which is a suburb of Boston and his family lived in Somerville, and it is not proved that either he, or any one else, ever supposed that he usually resided in New York. I cannot think that, if the statute would ever admit the master to be the managing owner, it inteads to say that hie usual residence shall shift with the shifting business of his vessel. Seumen are con- sidered to reside, for all municipal purposes, of voting, taxation, distribution of estates, where their families live, and they consider themselves to have their home. Guier v. O'Donnell, 1 Bin. 349, note; Boothbay v. Wiecasset, 3 Green]. 354; Hallet v. Bassett, 100 Mass. 167. While I do not, at the present time, dissent from Jucge Ware's opinion that a business man may have a usual resi- dence apart from his tamily, [ hold that the master of a vessel does not acquire such a res- idence by putting into a foreign port more or less often. I hold, therefore, that the schoon- er was properly regis‘ered in Boston, and wae a fereign vessel in New York, that the libelants have a privilege for the supplies furnished her. The only disputed items of the account are the premiums of insurance. The evi- dence upon this point is not very full. I understand that the veseel sailed on her last. voyage in 1878, and svffered damage which caused heavy expenses in a foreign port; that the owners contributed funds to redeem her, and afterwards became disatiefied: with the conduct of Captain Gilkey, and sent out another master who brought the vessel to Boston in 1881, ‘The libelante, in the mean- time, having had general authority or in- structions from the master to that effect, kept themselves insured by annual policies, and the principal charges of this kind are for these insurances. ‘here ts, besides a charge for insurance on freight in one of the voyager, which vas authorized by the mas- ter. In August, 1880, the claimant, in an- swer to a letter from the libelantse, which is not in evidence, wrote: “Think your bill against schooner Jennie B. Gilkey should be covered by a yearly policy, so to get the best rate you cun, at the same time be able to cancel at any time.’? The next year he wrote a much more cautious letter in whieh he referred them to any instructions they may have had from the master. It is apparent, on the face of this second letter, that he was afraid that be had committed himself in 1880, I am of opinion that neither the master nor the claimant had authority to charge the ship with premiums of insurance paid in New York to secure the iibelant’s account, sel for her voyage, though not to repair her. She is liable for necessaries by virtue ofa fiction of the admiralty courts, known to all the parties, and admitted in this case. But othe insurance did not benefit the owners, for they were not personally responsible for this debt. The case appears somewhat stronger ngainst the charge than if it were made in bottomry, inasmuch as the exigency was less, In bottemry, is communicated with, in most cases, and.if he cannot advance the money, the master must. raise it on the best terms he can get. Here the libelants supposed, though they did not inquire, that the master was sailing the vessel on shares, and they therefcre supposed it to be im- portant for them to insure, because they had no resort to the owners, They protected their own interest, as a morgagee might do. and can no more charge the premium against the ship than a morgagee could charge it against the estate in the absence of a postive stipulation to that eftect. I reject the items for premums of ineurance. — mt Decree for the libelants. , INTERESTING TO NAVIGATORS. GEORGIAN BAY SURVEY. Georgian Bay, to which region such large fleets of vessels ply trom Chicago, is justly termed the “black bole’ of the chain of lakes. It abounds’ with — reets and shoals and bad places, has few beacons and buoys, and bas fewer lighthouses. «lo be added to all this is the fact that the flere- est gales rage there and that there are no tugs or life saving crewe, ‘The only survey. ever made of the “black hole’ was com- menced last fall, and It is to be continued. Staff Commander J. G. Boulton, R. N,, isin charge of the survey, which will prove of great importance and assistance to vessel masters trading to Georgian Bay. On the completion of the survey of this portion of the bay and north channel full and connect- ed sailing directions will be issued by the Canadian Department of Marine, canceling this temporary information: TOBERMORY (COLLIN’S) HARBOR affords excellent shelter trom all winds. Both it and the approach thereto are free from dangers. At night the temporary fixed white light on the southwestern en- trance point may be steered for when seen. The best shelter is in the southwest arm, making fast to the western shore, which is steep to. The assistance of Mr. Charles Ear] (who resides here) may be obtained if wishing to proceed into Lake Huron by Cape Hurd channel. ‘The shores of Echo Flower Pot, and Middle Islands are steep to on all sides, BEAR’8 RUMP. To avoid the shoal extending from the south point of this island, keep Gove Island lighthouse touching the north extreme Flower Pot Island. ‘lhe east side of Middle Island in line with the west side of Doctor Island (the northernmost of the four islands in front of Tobermory Harbor) leads east of this shoal, LONELY ISLAND, The north shore should not be approached within a quarter of a mile, nor the remain- der within a couple of hundred yards, CLUB ISLAND HARBOR iis well sheltered from all winds. In enter ing keep nearest the south point, and bring up off the honses in the south corner, WALL ISLAND, ‘To pass eastward of a long shoal stretch. ing southward from the. south extreme of this island, keep the right fallof Cape Smith open east of Rabbit Island, RATTLESNAKE isa safe harbor, and may be easily entered with the plan onthe Admiralty chart. From this locality to Cape Smith, the coast of Manitoulin Island should receive a berth of a quarter of a mile. ‘The sete | ground in Wekwemikonsing (James) Bay is not good, DAWSON KOCK, a large patcli of bowlders, with three Jeet of water over its shoalest part, lies E. by N. X{N., distant ten miles from Lonely Island lighthouse, and S8.S.E. 3;E., twelve and three-quarter miles from the south extreme of Squaw Island. From this pateh the southeast end of Horse (Fitzwilliam) Island is closed with the north extreme of Lonely Island; and the summitot Badgely Island is over the northern part of Squaw. SQUAW ISLAND HARBOR contains perfect shelter for vessels drawing under 8 teet of water. Approach frem the eastward and keep the island shore close on board. : KILLARNEY HARBOR. In entering this harbor trom the east ward, bring the low northwest extreme of George Island to touch the docks on the north side of the harbor before proceeding westward of the lighthouse. A tug may be obtained here for Collin’s Inlet. BERNARD ROCK, small, with ten feet of water over it, lies southwest 34 south, distant four anda halt miles from k northeast two and three-quarter miles trom the south extreme of the large and southern- most Burnt Island. The summit of Badgely Island, over the east end of Kokanongwi, leads enst and over the other extreme, west of it. Whisky Island (Wekwemikong, or iNarney east lighthouse, and . Smith Bay), touching the south extreme of : the largest Burnt Island, leads north, as does Killarney east lighthouse shut in with George Island. WEKWEMIKONG BAY ‘has good holding ground and shelter-trom southeast and southwest gales, ‘l'o avoid the shoals on the cape shore of the bay keep the whole of Squaw Island open of Cape Smith. PULKEY ROCK, with ten feet of water on it, lies east, distant about one mile from the center 6f Whisky (William) Island... From the rock the sum- mit of Badgely island is a little inside the end of the large Burnt [sland above men- tioned. ‘To pass southeast of it, therefore, keep this summit open east of the Burnt Islands, The rock marked on the Admiralty: chart of Take Huron, No. 519, as lying about N. by W., three quarters of a mile dis- tant from the north point of Cape Smith, has no existence in that position; FROM CAPE SMITH TO LITTLE CURRENT. Keep the west and highest beach on Badgely Island in line with the firet hill left of Lion’s Head (a sharp and conspicuous bare hill on the mainland behind Badgely Island) until Ead’s Bush (a remarkable clump of trees near the right fall of the high land at Little Current) is closed with the summit of Rat (Hey wood) Island. Proceed on this mark to avoid the dangers trom the north side of the Burnt Islands, keeping, at the same time, the south extreme of Koka- nongwi Islands well open of Badgely, to pass southward of the shoals extending from Cen- terand Round Islands. ‘The south shore of Rat Island maybe approached to 200 yards. Strawberry Island Lighthouse Point is steep to. Keep a little south ward of the line joining the lighthouse and Little Current, to avoid the shoal water extending from the LaCloche Islands, and in nearing the village keep the Manitoulin shore on board. WATTS ROCK, nearly awash, lies about E. by N., halfa mile from’ the eastern end ot Rat Island. The summit of Badgely Island touching the north side of Round Island, leads south of it. Vessels drawing less than 15 feet of water may pass through the artificial channel in process of excavation at Little Ourrent; but salling vessels, on accountof the sharp turn, require especially favorable circumstances of wind and set of current. The above bearings are compass, and the distances are in nautical miles of about 2,025 yarcs8.—Inter- Ocean. DEATH OF CAPTAIN G, B. DICKSON. Tast week we made brief mention of the death of Captain George B. Dickson, which occurred on the 31st of March, Captain Dickson was born in Pomeroy, County Ty- rone, Ireland, September 29, 1831. He came to this conntry in 1845, and settled down in Buffalo, His Uncle, Captain Patriek Dick- son, was then sailing the ship Milwaukee, and George ehipped on her before the mast. Later he went on the brig Globe, which was also sailed by the uncle. The latter built the propeller D[linoia, and when he took command of her in 1849 George went with him as wheelsman, He was soon promoted to the position of second mate. Afterward he became firat mate and then master of the Hlinois, this being his first command, Te left this vessel to tuke charge of the propeller