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THE MARINE RECORDS MARINE LAW. THE BUILDING AND OWNERSHIP OF A VESSEL. Prepared for the Marine Record. A vontract for building may be what- ever the parties choose to make it. ‘Thus, ‘oue who proposes to own a ship may pro- pose to supply the builder with all requisite materials, the builder to do for him all the requisite Jabor. The ship would then never be the builder’s, but would trom the be- ginning beleng to him for whom it ja being built. Ships are not, however, often built in this way. ‘he builder usually constructs the veasel for one of four purposes: Either to supply an order, or to execute a contract, which may be regarded as subatantially the same thing, or to sell it to some persun who may desire to buy it, or to own it himself. One important question has arisen about which the exses are not reconcilable. ‘That is, when a ship is built upon a contract, at what time the ownership passes from the builder to the person for whom it is built. If aship be built upon a contract and the price to be paid by installments, does euch installment, when paid, purchase the fabric ag it then existe, passing the property abso- lutely to the purehaser, subject only to the lien which the builder has for the purpose of finishing the ship? ‘The cases on this subject were in much conflict. In the earlier English cases much reference is made:to English statutes and usage as to builders’ certificates and the grand bill of sale which Co not exist inourown. We consider, how- ever, that the law is now well settled, espe- cially in this country, and by recent cases. If it be the intention of .the parties that the builder should sell and the -purchaser buy the ship before it 1s completed, and at differ- ent stages of its progress, and a bargain is made sufticiently expressive of this inten-’ tion, there is no reason, whatever, in law why this intention should not be carried out. But no such intention, would .be im- plied from the mere fact that payment is to be made by installments, whether they are graduated merely on time, or on the state, or condition, or progress of the vessel. Nor ‘would this implication arise from, or be greatly aided by, the employment by the purchaser of a superintendent. These facts might aid in identifying the structure, or sus- taining anaction for a breach ot the contract, and they might,bear on the amount of the damages, but they would not be sufticient to prove an actual sale and transfer of the prop- erty, by the payment on an installment so that after such payment, if the property were lost or destroyed, it would be the loss of the purchaser. At the same time it appears to be decided that paymentof installments im- poses upon the builder an obligation to fin- ish and deliver under his contract the same identical vessel. ‘The original bill of sale by which the builder transfers the ship to the purchaser, was fomerly called the grand bill of sale, and was distinguished from other or subsequent bills of sale. But this dinction is now done away with. The builder should deliver his certificate to the first owner and the owner give it to the collector, as re- quired by the statute of registration. It is not essential that the contract for the build- ing of aship be in writing, but if it be in writing care should be used in ‘the draught- ing of such contract that it express all the terms and conditions that are agreed upon, as parol evidence will not in general be ad- mitted to vary or explain the meaning of a written instrument, unless changes have been made since the drawing of she written instrument, in which cases evidence will be received to prove the new contract. For- merly, builders of ships, 1s well as those who repaired, equipped or supplied them, were called material men, and this somewhat peculiar phrase has been in use as a terin of the law merchant for some centuries, Now the phrase is confined in law, and certainly iti practice, to those who repair, turnish sup- plies, or do any work about her necéseary for her seaworthiness, or to complete her equip- ment. Material men havea lien upon the vessel for repairs made or supplies furnished, and as such are distinguished from a builder who builds and sells a ship, the builder hav- ing simply a vendor’s lien, which will be destroyed by a transfer to an innocent pur- chaser for value and without notice of the lien. COLLISION CASE. Judge Blodgett recently overruled the the exceptions to the report of Commissioner Preudtoot in the collision case of the Singer & Talcott Stone Company agatnet the tugs ‘Triad and Albatross. ‘The facts were that in September, 1883, about 8 p. m., the tug Triad having in tow the schooner Advance was proceeding down the Chicago river be- tween Lake and Wells street bridges, while the Albatross was going up the river, hav- ing in tow two canal boats abreast and one astern, all owned by the Singer & ‘Talcott Stone Company. ‘The Albatross went through the south or port draw of Wells street bridge and claims she whistled tor the port side while in the draw or near it, and also claims that it was answered by the Triad with two whistles, signifying assent. The collision took place near the foot of Franklin street, the ‘I'riud striking the starboard canal boat on. the sturboard bow a glancing blow, doing considerable damage. ‘The court held that the preponderance of proof showed that the Triad gave assent to the Albatross taking the port side, but still for some reason kept on that side, causing the collisios. A decree was entered the ‘I'riad solely at fault, and the case was referred to the commiasioner to necertain the damages. Messrs. Schuyler & Kremer appenred for the Singer & ‘l'alcott Company, Mr. Conden for the Albatross, and W. L. Mitchell for the Triad. IMPORTANT NUTICES. The lights which mark the course to be taken by vessels entering the Sault Ste. Marie river from Lake Superior, were lighted for the first time last Wednesday, the following is the route for vessels boundd down: In coming in from Point Lroquois to Round Island there will appear the two first range lights, one red and the other bright, situated southeast of Round Island on the main land of the American side. Run on this range until two similar lights come in range opposite Point aux Pines on the American side. Run on this range untila bright light: appears from behind a shade on Point aux Pines wharf, and then continue down to Big Point until government light comes in range. Continue-on this range to the canal. In going up keep on the government range to Big Point and then steer for the light on Point aux Pines wharf. Continue around Point aux Pines lighthouse and then steer one point west of Round Island until the lights opposite Point »ux Pines come in range. Continue until the lights southeast of Round [sland came in range. Haul up on this range forPoint Iroquois. Before the establishing of these ranges it was impossible for vessels or steamers to reach. the Sault Ste. Marie Canal after dark, and all boats arriving at night were forced to lay to for daylight. This caused a serious delay, which will now be entirely avoided. The beacon at Fair Haven light station, Little Sodus Bay N. Y. has been moved to within twenty-seven feet of the outer end of the west pier, and that a post-light has been erected and exhibited on the- inner end of the same pier. ‘The characteristics of the outer beacon remain unchanged. Also, that the outer beacon at Big Sodus light station, N. Y., has been moved to within twenty feet of the outer end of the west pier. The characteristics of the light remain unchanged. The structures from which are exhibited the pier-head lights at White river. Mich., Calumet (South Chicago,) Ill., and Sheboy- gan, Wis., have been moved out near to the ends of their piers. The local inspectors of steam vessels have begun to distribute a circular awong the owners of passenger steainboats which promises to create a good deal of discontent, if not actval revolt. The circular is from the supervising inspectors, and instructs the masters and owners of steam vessels to al- low no person in the wheel house but some officer of the vessel or some member of the crew on business while she is in motion. Particular stress is Inid on the sentence which forbids passengers from entering this important apartment. On all well regulated steambonts this order is unnecessary, because the managers or captains have already pro- vided for the defect, but a great many ves sels need to have it strictly enforced during the eummer months. A great many collis- fons have been caused by persons detracting the attention of the wheelsmen from their duty, and the frames of many a steamboat are now rotting on hidden reefs for the same cause. The greatest trouble, however, has been on the inland rivers, where disasters from this and other similar causes have been alarmingly frequent. It appears, though, that the order has met with disfavor and in- dignation at the hands of the river ‘skip- pers,’ and they are now preparing to hold an indignation meeting to have it with- drawn. It isa wise order, because it relieves the owners of steam craft from a good deal of painful embarrassment which they might feel if they were compelled to entorce an obnoxious personal order, Vesselmen, and especially owners and masters, are vigorously fighting the lntest rule of the Treasury Department re- gulation the blowing of steam whistles dur- ing fogs. ‘he rule says that all steam vessels tuwing sail or other craft in a fog shall sound her whistle three times at intervals not ex- ceeding one minute. They claim that this rule places a vast amount of work on the shoulders of the officers of vessels which could easily be avoided by the substitution of aregulation mocking bird whistle, to be used only in vases of fog. They have petitioned the Board of Supervising Inspec- tors to draft a rule abolishing the one now in force, and providing for the substitution mocking bird whistles, ‘Che latter give forth a peculiar, monotonous sound which is dis- tinguishable from all others because it is the most abominable. It is doubtful if this kind of whistle will be adopted by the board, because the objections to it are too open and palpable to be overlooked. In the firat place every steam vessel on the lakes would have to be provided with one, because the emergency is liable to arise at any time when steam vessels of all kinds will have to pick up and tow disabled eraft in fogs, All vessel owners may not be willing to provide their craft witn these nosy appendages.— Inter Ocean. SAFE SEA GOING SHIPS. ‘The time has now come that the world should know. whether ships are a work of seience or not. The recent horrible disas- ters in connection with the thousands shat have gone before aftord the most ample evi- dence to base doubts upon, of the truth that ships as now built are from the dictates of science. We have nuexplanations from ex- perts who build our ships of objects to be at- tained from their form and coustraction. In cases such as the recent disasters no experts ever comment on them through the public press, the comments that are made are trom outside paities and are onlv conjectures, opinions and judgments. Atthis time what reading matter ean come before the public more interesting than principles which will and do build a perfectly safe sea going ship. Thetime has now come, if proper steps are taken, to cause this to be done, it is no longer an experiment to be tried, principles to do this great work do exist in the known sciences now taught in our schools, the the- ory hus now been fully tested practically that proves that a ship can be built that the forces of the ocean can never destroy, and that no collision can sink, In fact, all the life essentials and points of economy, com- fort, etc., are at their acme in this theory. Rightly located buoy:incy is the great fund- ament. ‘That buoyancy is the life of the ves- sel no man can dispute, that wrongly located it has been the cause of destroying more ves- sels than any other, is also a point that can- not be disputed; that a vessel can not have too much buoyancy is another point which no man can dispute, as they are all maxims, ‘There is a common sense in all things and that is, in-being right in all; things which prove not right, are unscientific. his is the real solution of the problem of why there are so many horrible losses on the ocean, the form and construction of the vessel are unscientific and no one as yet has made them subservient to science. A vessel’s buoyancy, with all of her parts duly propor- tioned for strength to receive it, and locat- ed as science would dictate, is her only sal- vation in bad timer, such as heavy gules, being driven on shore, or in collision. When all submit to the dictates of svience, then vesgels will be sate, but solong a judgment and opinion rule them we may look for dis- asters. Judgment is largely expended in fancy (looks), science has nothing to do with looks, she deals only in cause and effect. A ship, the State of Florida, sinksin an instant ot time, by acollision. The question comes up, “What was the cause?” ‘The cause is evident, her buoyancy was destroyed. Itis a truism that constructors of vessels should know the proper ‘‘bearings” (the bearings are her buoyancy.) It is also true that they should know the proper “balances’’ to sus- tain and hold up, and keep a vessel afloat in any position that she may be placed in by the motions and forces of the ocean or by collision, this, they claim to know and call their craft a science (naval architecture.) Unfortunately for the world there is no one to question them, This great fraud is out of the reach of the law. That it is a fraud the City of Columbus, the Daniel Steinmann and the now State of Florida apeak with trumpet tones. ‘These three vessels were swept out of existence as a candle would be blown out, in an instant, as untold thousands have been before. The question now is, is there no remedy ? The answer is siinple and plain, call on sci- ence to look into and clear it up, so that the law makers and all educated men can un- derstand it, then law will stand at the head and the constructors of vessels, the same as the constructors of boilers, bridges, or any other fabric that comes under the dictates of science. Such an assemblage as a conven- tion of scientists to take into consideration the life essentials, propositions forms, staunchness, buoyancy, balances, and endur- ance necessary to construct a safe ship never has been held. On the contrary, the learned professors of our universities confide in the constructors, the same as all others. In my long life I have seen but one opinion on the matter in print. That came from a profes- sor of science, and was at the time of the loss of the Great Western, An appeal was made through the public press to the pro- fessors of our schools, and the answer from one of them and ‘was published, It was that “Noah’s Ark (giving the dimen. sions) was solong, 60 wide and so deep, and that after examining the best authorities and the most noted experts, he found that veg. sels having in them these dimensions, or the nearest to them proportionately, were the safest.” ‘This ts all that sclence had to gay on this matter, and all that it has said, ‘That this is a work for svlence no one can donbt, but that it has not as yet been adopt. ed the horrible disasters of the ocean afford the most ample proof. ‘The works of science are always safe The remedy for this great evil is to call to. gether a convention of scientists with power to call before them the most noted experts and constructors and compel them to show how they apply known science. (there ig no other) to the construction and form cf a shi; and all the objects attained by it, or, in other words, to compel them to, take the affirma. tive of their assertion, thal naval ardhirect- ure, as practiced, is a science; also to allow evidence to be taken in the negative. This will give the truth to che world, and is the only way that it can be known.—Joseph Ww, Norcross, in Aquatic Magazine. : came THE CRUISE OF ©HE WHITE FISH. “I read the account in the Sun the other day,’’ suid a well-known New York yachts man, “about the proposed trip of Captain ' Wood, of Hammondsport, to be made in hig yachttrom the head of Seneca lake to Florida, via numerous rivers and lakes and the At- lantie ocean, The trip will be a novel one, butitis not the first one of the kind ever at. tempted. ‘The late President J. Edgar Thompson, of the Pennsylvania railroad company, once told me of a trip made by his father, John ‘Thompson, from Lake Erie to Philadelphia, that was rather more of a novelty than the one proposed by Captain Wood. Mr. Thompson was an agent ot the HollandL and company, which had great in. terests in western Pennsylvania and New York. While in the discharge of his duties in 1793 M r. Thompson was at Presque Isle, now the city of Erie, Pa. With one assistant and only such tools a8 are used in an engineering camp, he constructed a schooner which he named the White Fish. In that rude craft he started from Presque Isle for Phila- delphia. He sailed down Lake Erie into Niagara river. With the help of six ox teams he had his boat taken overboard ‘around Niagura falls and placed in the river below. Entering Lake Ontario, he sailed to where Oswego is now located. Through a small stream that led to Oneida lake he made-his way (o that lake. Passing through it, he bad his vessel again taken by land,’ this time to the Mohawk viver. Then he sailed to the Hudson, down the Hudson to the Atlantic, thense to Delaware bay, and up the bay to Philadelphia. The trip occupied three. weeks, and was made without an accident of any kind, The little vessel was taken from the water at Philadelphia and placed in Inde- pendent square, where it remained until it was. destroyed by time, .That was the first time a vessel ever passed: from Lake Erie to New York.” eee SUBMARINE ELECTRIC LAMP. Recently, some very interesting experi- ments in submarine electric lighting were conducted on the Clyde, at Greenock, Scot- land. The Tilly, a veesel built by Messrs. Hanna, Donald & Wilson for the fisheries at Batavia, has been fitted with machinery to supply current for 215,000 candle power lamp, which it is intended to lower into the seu for-a depth of ten fathoms or less, as the exigencies of the drift net fishing require. The whole of the electrical apparatus, as well as the gearing for raising und loweriny the lamp, have been supplied by Mesars. Patter- son & Cooper, the current being supplied by one of their No. 4 dynamo machines, coupled directly toa Gwynne high speed vertical engine, and running at 650 revolu- tions a minute. The lamp, which is inclosed in a flint glass cylinder 914 inches diameter, is suspended from-a davit over the vessel’s side, and the two conductors consist of finely stranded copper cord inclosed .in India rubber hose. These conductors pass over ulleys on the end of the davit, and the lamp 8 raised or lowered by a winch fitted to the bottom of the davit. ‘The trial lasted for four hours, during which time the lamp was submerged, and. kept a light with the full current of 60 amperes through it.—Scientijic American, Soo The introduction of an amendment to the ordinance regulating the opening and clos- ing of bridges in the city council Monday night has occasioned considerable unfavora- ble comment in marine circles. Under the present rule a bridge can be swung for ten minutes to admit the passage of vessels, when it must be closed for an equal period to accommodate land travel. ‘Che proposed amendment extends the period for keeping a bridge closed to twenty minutes, but the time it may be kept open is unchanged. Marine men claim that the adoption of this amendment will greatly injure their interests and the entire lake commerce of this port, as during the average fourteen hours’ daylight vessels would be allowed but four hours’ river navigation, A petition ad- dressed to the Council remonstrates against the passage of the amendment.—Chicago Tribune, June 5,