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THE MARINE RECORD. “ MARINE LAW. LIGHTERAGE,—PLACE OF DISCHARGE.—PORT USAGES. Cherboury Tribunal of Commerce. In this suit Captain Stokken, of the Lyna, successfully contested alleged usages of the port established by the Chamber of Com- merce. ‘I'hese usages form part of a series of rules published by the Chamber of Com- merce under the date of the 6th October, 1880. ‘The articles of these ‘‘Usage Com- merciaux et Maritime’? brought into ques- tion were the following: 3. If on its arrival in the roads, the ship bound to Cherbourg cannot enter for want of sufficient depth of water, it sliall be lightered of sufficient cargo to permit it to enter at the next flood tide. If the lightening of the ship is only intended to enable it to enter before the next flood tide, this can only be done with the authorisa- tion of the receiver, In either case the lightening of the ship is at the expense, risk, livery was complete when the Umber had once crossed the ship’s rail, and had been either thrown into the water or on the quay alongside the ship: all the subsequent costs of removing the timber were, therefore at the charge of the receiver. Neither in this case nor in that of lightening the ship can the receivers invoke the custom of the port of Cherbourg. ‘Thirdly, with regard to Captain Stokken’s claim for demurrage, twelve days, not including Sundays and holidays, were allowed for the discharge. The ship was lightened by the receivers on the 14th of December, so as to permit her to enter by the flood tide on the 15th, which she did in the morning, and was moored at the quay in the afternoon, The lay-days thus cammenced on the 14th, and the dis- charge terminated on the 26th, in all 16 days. But the 15th must be deducted as the lay- days were stopped for the ship to continue the yoyage into the deck; also two Suncays and peril of the captain.’ Art. 4. “The cost of towing the ship and lighters is at the charge of the captain.” ‘Art, 11. In the commercial port beams of timber are piled on the quay by the captain, In the military port timber is discharged on to rafts pro- ‘vided by the receiver. In both ports planks and small logs are delivered by the eaptain at the port-holes or over the ship’s rail, whence they are hauled ashore. by the re- ceiver.” Captain Stokken opposed those pretended usages on the ground. that: the Chamber of Commerce’ had no power to create a usage, or declare officially that such a usage existed, if it did not exist legally; and that in the present case the alleged usage was only against which captains had pro- tested, through their Consuls, from its first promulgation by the Chamber. In any case custom could not override a clear and precise contract. The facts of the case will be gathered from the tollowing summing up and judgnient: With regard to the lighting of the ship: Captain Stokken, by a letter from his broker, Letot, dated December 3 last, information Sebier, Vauvert, and Co., that the Lyna had arrived in the roads after Cherbourg, and was too deep in the water to enter the Com- mercial Dock, reserving his rights in case there should not be aufficient water to enter at the next flood tide, and placing at the charge of the cargo the cost of lighters necessary to facilitate the entry of his ship into the dock in conformity with the clause of his charter-party—“Cherbourg, or as near thereunto as she may safely get.’”? Sebier, Vauvert, and Co., pretend on the contrary, that in contormity with the custom of the port of Cherbourg the cost of literage are borne by the Captain. It is a principle that custom forms the law of the parties in the absence of express conditions; but it is in contestable that custom eannot prevail over written stipulations freely consented to by the parties. ‘The dispute turns, therefore, solely on the interpretation of the clause. ‘The place of discharge contemplated by the parties was evidently the Commercial Dock at Cherbourg, and the reservation -‘or so near”? was only introduced in case there should be a material impossibility for the ship to enter in safety. ‘There can be no material impossibility if it is shown that at the next flood tide there would be sufficient water under the ship’s keel for her to enter in safety. ‘Ihe arrival of the ship in the roads after a flood tide can only be considered as a misfortune in navigation, like delay from contrary winds. ‘That was, in fact, the view taken by Captain Stokken, as in his letter of December 3 he only reserved his rights in case there should not be sufficient water at the next flood tide, when he should place the cost of lighterage at the charge of the receivers. ‘The Lyna drew 65 metres 50, and itis proved by the declarations of the cap tain of the port and the pilot, that it was necessary at the flood tide, to lighten the ship to diminish the draught by 30. centi- metes to permit her to enter the dock with satety. Therefore, for the portion of the eargo discharged to lighten the ship the place of delivery was the roadstead, which Was so near asthe ship could get, and the costs of lighterage must be borne by the re- ceivers, Next with regard to the mode of discharge .nd the expenses incurred, the and Christmas Day. The 12 days were not, theretore, exceeded. ‘The lighterage and cost of piling the wood must be borne by Sebler, Vauvert, and Co., and Stokken, on the other hand, had no right to demurrage. ‘The costs to be put together and be paid in equal shares by the two parties. SHIPBUILDING AND REPAIRS AT PORT HURON. Special Correspondence of the Marine Record. Port Huron, April 14. The steamer Clara has been in the Wol- verine drydock for a thorough overhauling. The steamer Biikhead is in getting calked, her stern bearing. fixed and a new wheel. The steamer Oscoda has had her texas lengthened and some general repairs. ‘The steambarge Ogemaw is getting general re- pairs. Steambarge Henry Howard has had new stern pipe, deadwood, rail and general overhauling and calking. ‘They are rebuild- ing the tug Castle and will give her all new upper works, frames and ceiling. Steam- barges G. H. Gratwicke, J. E..Potts and Tempest and scow Charlie Crawtord will go into drydock. Love & Schofield, of the Pioneer Boiler Works, have been busily employed doing lots of marine work. ‘They have done re- -paira to the boilers of the steambarges Hol- land and Birkhead, of Marine City; they have built a new boiler 7x14 for a new tug built by D. Lester, Marine City ; a new boiler 8x15 for the steambarge City of Dresden; a new boiler for a new tug owned by George L. Caldwell, recently built by R. Holland, Marine City ; new furnace and back connec: tion for the steambarge Ira Chaffee; new pony boiler for the steambarge Oscoda. They are building a new boiler for a steam pleasure yacht at Algonac and have puta new furnace in the tug J. W. Bennett, a new water bottom in the tug W. B. Castle and are building a very fine boiler of 14-inch Otis steel for the steambarge 8S. D. Caldwell. ‘They have done a great many minor jobs and made several smokestacks, James Fitzgerald, of the Drydock Iron Works, has enlarged his shop and added a new blacksmith shop and steam hammer, At these works repairs have been done dur- ing the winter and spring on the propellers ‘Tempest, Birkhead, R. Holland, 8. D. Cald- well, George King, 8. C. Baldwin, Pickup, Oscoda, N. K. Fairbanks, Ogemaw, J..E. Potts, City of Concord, Keystone, Clara, City of New Baltimore, [ra Chaffee, ‘'ecum- seh, Rhoda Stewart, Burlington, J. L. Beck- with, O. D. Conger, 5. H. Johnston, Lowell, Cleveland, J. E. Mills and Point Abino; tugs Frank Mof*att, Mocking Bird, George Hand, J. W. Barnett, Fisher and Wayne Isbell. Dunford & Alverson, shipbuilders, have had the barge J. H. Rutter in drydock and given her a new bettom, fore and aft kelson inside, new floor and general repairs ata cost of $12,000. ‘I'he steambarge 8. ©. Baldwin, got all new top works from covering board up, new cants fore and aft, new floor, new cabins and other repairs, costing $10,000. ‘The schooner F, C. Leighton has had nev deck and deck beams and minor repairs ata cost of $700. The schooner Young America had some new plank in her bottom, bottom calked and some repairs costing $800. ‘The steambarge Fred McBrier has had her decks calked and some repairs. She will have her bottom calked, ‘The steambarge Galatea has had her outside and deck recalked at a cost of $500. ‘The barge St. Clair got some new plank in her bottom and revalking, amounting to $400, Barge C. B. Jones has had part new decks and some repairs amounting to $600. The steamer Burlington had her bottom calked and some repairs charter-party stipulates that the cargo should be brought to and taken from alongside the ship without risk or expense to the ship. That clause indicated clearly that the de- amounting to $300, The sidewheel steamer Evening Star was in drydock twice getting new timbers and her bottom calked at a cost of $400. Barge Susan Ward had general repairs, part new deck and rail, cost $200. Barge Emma E. ‘Tyson had some general | ward E. Napier, steamer Grace Grummond; repairs costing $150. Barge Sea Gull will have a piece of new rail forward, some new stanchions and repairs, ‘lowbarge Victor had her bottom and decks calked, ‘The firm have kept a big gang of men employed dur- ing the winter, and they are looking toward the future by getting in a very large supply of the very finest timber that can be pro- cured, A Canadian scow captain, of eight years’ standing, living not tar from Windsor, who was conversing with another captain as to the new Canadian laws for the examination of masters and mates, said he thought he would prefer to get his certificate for com- petency, and not on recommend tor long service, as he was well posted. His friend, the other captain, said he should go in ona recommend, as he did not understand some of the points required, and asked the scow captain if he understood about protests and bills of lading, and the reply he got was that “the mate had to attend to those.” He then asked him if he knew anything about invoices, Lo which he replied, “That is sim- ple enough, They’’—meaning the inspec- tors—“hear your voice, and. that will. be enough.”? He was then asked if he under- stood about bottomry bonds, and he replied, “Yes. When you get on the bottom you will have to be able to inform the inspectors something about it.’’ Tv. W. — CANFIELD ‘TUG LINE. A. O. Wheeler, Esq., of Manistee, partner of John Canfield in Canfield’s Tug Line, was in Chicago consulting with the insur- ance magnates here in regard to wrecking on the east shore and ip the Straits during the present season. ‘The line bas eight tugs, as follows; C, Williams, Irma L. Wheeler, Frank Canfield, J. €. Osgood, Charles Gne- wuch, D, Cutler, Jr., Twilight and Hunter Savidge. The Williams and Wheeler are equipped, and at all times ready for wreck- ing operations. The line has Holly and Worthington wrecking pumps. A large new wrecking tug is now on the stocks, and will be in readiness for the fall disasters. Mr. Wheeler ‘eit Manistee on ‘Tuesday even- ing. ‘The little lake there was not open yet, but the tug Williams was bucking away at the ice. TRANSFER OF VESSEL PROPERTY. A number of important vessel sales were recorded atthe Custom House on the the 10th. The transfer of all these craft to Chicago will increase the tonnage of the district quite largely. Schooner Lucinda Van Valken- berg, Thomas Hood to M. V. Fulton, one- fourth interest, $2,125. Barge S. A Irish, the Michigan Barge Co. to Henry V. O’Brien of Chicago, the whole, $2,000. Barge Wolverine, the Michigan Barge Company to Henry V.O’Brien, the whole, $2,000. Henry Vv. O’Brien, to Daniel R. O’Brien all the following: Barge Apprentice Boy, the whole, $3,500. Barge City of Grand Haven, the whole $3,500. Barge City of Grand Rapidg, the whole, $8,500, Barge C. O. D., the whole, $3,500. Barge ‘Iransfer, the whole, $4,000. ‘he tonnage of craft, thus added to the Chicago fleet, is as follows: Irish, 259: Apprentice Boy, 216: Grand Rapids, 225; Transfer, 361; Wolverine, 142; Grand Haven, 230; C. O. D., 208. ‘Total tonnage of all, 1,641 ‘The Apprentice Boy, Grand Rapids, ‘Transfer, Grand Haven and C. O. D. are all sold by Senator T. W. Ferry and the Michigan Barge Company. ‘The O’Brien Brothers will keep the line in the Grand Haven and Chicago line.—Jnter Ocean. NEW COMMANDERS. Captain Gus Wolsin goes out of the steam- ship City of Rome this season and is suc- ceeded by Captain Chapman, formerly of the Cumberland. An old sail vessel commander takes the Cumberland, Captain D. M. Mal- lory succeeds Captain Fagin in the steam- ship William Edwards. Captain Waters is succeeded in the clipper schooner Scotia by Captain Tom Burch. No master is named for the shooner Ellen Spry. It is under- stood that a new master is uppomted to the fine schoover Halstead. Captain John Smith takes the S. B. Pomeroy. Captain Henry Moore takes the Lottie Wolf. Captain Crane will command the Pewaukee until the new Milwaukee schooner comes out, and will then take her. Captain Jolin Wood takes the Ida Keith. he master formerly in the Mary B. Ayer takes the Higgie. Cap- tain Thompson takes the Boyce and Captain Hatch the Mary L. Higgie. Record was made at the custom house at Chicago on the 10th inst. as follows: Ed- ward Jones, schooner Northwest; Charles | Surnson, schooner L. M. Mason; D. Roach, . schooner Marengo; A. M. Elliott, schooner Morning Star; Louis Hanson, schooner Ja- son Purker; G. Nelson, schooner Horace Tabor; William H. Fleming, schooner Jobn Mee; W. Phelps, steamship Emma _ E, Thompson; W. E. Lodner, steamship An- nie Laura; John Bailey, schooner Horace H. Badger; Louis Olson, steambarge Maine; John Freer, schooner KE. J. MeVea; William H, Hammond, tug Flossie Thielke; Stephen Green, tug J.C. Ingram; William Leith, schooner Halstead; John H. Dall, schooner Annie Dall; William Carlsen, sachooner Will- jam Jones; Alex Gibson, schooner Margaret Dall; W. A. Thompson, schooner Jessie L. Boyce; Hans Larson, schooner Guido; Ed- William Scott, schooner Niagara (of Cleve land); Charles Johnson, tug W. L. Ewing. Henry Isaacson, sloop Planet; 'T. J. Pelton, tug Calumet; Peter W. Kennedy, tug Viva: Richard Connell, tug Arctic.—Inter Ocean’ A NAVIGATOR’S LUCK. Captain Dan E, MeDonald, the well. known navigator, now of Milwaukee, for. merly of Canada, and later of Oswego, N Y., has been appointed by the United States Government ergineer on the lakes to look after their property, and goes on duty at once. Captain MeDonald iz a man of abil. ity and strict integrity, and will prove an efficient officer. During his sailing career Captain McDonald commanded several gail. ing vessels, also propellers in the St. Cath. arines and Montreal lines; the clipper - schooner A. Stowell, of the Red Horse line Oswego, then several steamers of the North- ern Transportation Company, of Ogdens. burgh, Cleveland and Chicago, and at one time, when in the latter employ, rescued Boston man on Lake Michigan and brought him to Chiengo, for which he was called te Boston in the winter and presented with a gold watch and chain by King Solomon’s Lodge of Free Masons for his heroic conduct, He also sailed the propeller Colorado, of the Merchant’s Line for four years, and later the steamships Rust and Sheriffs, of Mil. waukee. Few men on the lakes are more popular than Captain McDonald, NEW YruG LINES. Chicago tug owners are to have two new lines ef competition this season. The dredg- ° ing companies have formed a sortof pool and will do general towing with their. boats when the latter are’ not busy with the dredges and scows. ‘The office will be in Crane’s rooms in the Pardee building, and Captain Mike Driscoll is to be superintend. ent. Young Frank Crane will be collector, The boats are as follows: Chicago Dredging Company—The Alpha, Crane and A. S. Allen. G. R. Greene Dredging: Company—The Alert and O. B. Green, Harry Fox Dredging Company—The Monitor and Hattie Fox. The second new line is:Captain Gilman’s. The office is in the basement of Pardee’s building, where McLaughlan’s restaurant used to be. Captain Si Sinclair is superin- tendent. ‘The boats are the John Gordon, Paddy Murphy, Miner, Wilson ‘Brothers, one not named‘and the D. L. Babcock. Captain David Dall, the vessel owner, will occupy the office jointly with Captain Gil- man. A NEW EXCURSION STEAMER. In the county clerk’s office at Buffalo has been filed a certificate of incorporation of the Buffalo & Lake Erie Excursion Company. The incorporators are R. R. Hefford, Cap- tain M. M. Drake, H. H. Baker, Captain Lyman Hunt, A. Cordee, Captain Thomas Maytham, A. B. Drake and Captain Walter Robinson. These gentlemen have bought of the United States Government the wood- en hull of the revenue steamer Commodore Perry, which has been replaced by an iron hull built by the Union Drydock Co. This wooden hull is in prime condition—staunch and seaworthy—-and was built especially with a view to speed. It is now being fitted up as an excursion steamer, and is tole ready for business by the latter part of May. This steamer is 178 feet long and 24 feet wide, and has capacity to carry comtortably and safely about 800 people. She will have two high pressure engines, each 18x22 inches, working on. one shaft, and two_ boilers of ample size. ‘The screw will be eight feet in diameter. It is caiculated that she will be able to run fifteen miles per hour. She will be fitted and equipped in first-class style, with every regard for the comfort, safety and convenience of passengers. It is intended that she shall be tar ahead of any- thing in the excursion line that Buffalo has ever had, and certainly the ability and character of the men forwarding the enter- prise are sufficient to make good this inten- tion. There is hardly another city in the United States that has so many and pleas- ant water resorts as Buffalo, and there is Lo reason why a speedy and well-managed ex- cursion steamer should not do a thriving business there. A SUBSCRIPTION FOR MRS, PEREW. Captain Hobson and the crew of the wrecked tug desire to express their thanks and gratitude to the people of Vermillion for the kincness and courtesy shown by them after the accident, and especially to the crew and owners of the tug ‘Telephone which came so promptly to their rescue, and to the proprietor of the Lake Shore Hotel. Captain Moftatt is getting up a subseripticn for the widow of Engineer Jclm Perew, who is left in destitute circumstances and has five small children dependent upon her. Vessel men generally are responding liber- ally to the appeal and he will undoubtedly meet with the success such a praiseworthy undertaking «eserves. ATKINS & BECKWITH, — Vessel Owners & Agents 127 LaSalle Street. CHICAGO, - ILL.