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MARITIME LAW. BROUTY V. FIVE THOUSAND TWO HUNDRED AND FIFTY-8IX BUNDLES OF ELM STAVES, Ere, (District Court, N. D. New York. In admiralty. . Cook & Fitzgerald, tor libelant. Marshall, Clinton & Wilson, for claimant. Coxe, J. ‘This is an action for freight. ‘The defense is non-delivery of a part of the cargo. On the 10th of May, 1884, the libelant, who is the owner and master of the echooner Seabird, for and in considera- tion of the sum of $121.65, agreed to convey from New Baltimore, Michigan, to Buffalo, New York, certain property described in the bill of lading as ‘5,256 bundles of staves and 269 barrels of heading.” As no tally was made at New Baltimore, the only evid- ence at that time of the number placed on board is furnistYed by the bill of lading. On or about the sixteenth of May the Seubird arrived at the port of Buffalo, The con- signee was duly notified and the cargo im- mediately discharged. ‘I'he greater portion thereof was, the same day, placed in freight cars by stevedores employed by theclaimant. Two and a half car-loads, however, remained on the dock all night. When the cars were loaded they were sealed, and were soon afterwards, by order of the claimant, con- veyed to his manufactory, five or six miles from the dock, where they remained on a wg ce June 28th.’ On that day a tally 1884. wa mmenced, which was not completed till y Sth. It was then that the deficieney of 631 bundles of staves and 5 barrels of heading wae discovered. So far as is dis- closed by the evidence, no other authentic tally was made at any time. he claimant refused to pay the freight mntil the libelant furnished him a statement showing that the full number called for by the bill of lading had been delivered. He now seeks to offset against the treight the value of the miasing propervy. ‘There is no theory upon which he should beypermitted to do this. ‘The Mbelant did aa that he was bound to do, ‘There is not a particle of evidence that any of the cargo was lost, stolen or destroyed while in his possession. It was not of a, character to excife the cupidity of seamen It could not be secreted or easily carried away, and it is absurd to suppose that it was wantonly destroyed. No motive, or op- portunity even, for fraud has been shown; mo negligence has been proved. Indeed, nothing has been found in the testimony which would justify the court in the shadow of a suspicion against the libelant or any of his crew. Every witness who speaks upon the subject swears that all of the cargo put on board the Seabird at New Baltimore was delivered at Buffalo. ‘his fact must be re- garded as conclusively established. Itie argued for the claimant that the libelant is concluded by the allegation of his libel and the statement in the Dill of lading signed by him. ‘hat having receipted for 5,256 bundles and 259 burrels, he will not now be permitted to say that a less number was placed on his vessel. Assuming this posi- tien to be well founded, there is net, as be- fore stated, sufficient to charge the loss upon the libelant. The tally, showing the alleged deficiency, was not made until after the pro- perty had remained six weeks in freight cars on a side track ina populouscity, ,The libelant may, with reason, retort that if presumptions and suspicions are to be in- dulged in, it is quite reasonable to suppose that the loss occurred during the six weeks that the property was on land as during the one week it was on the water. Had the claimant brought an action for damages founded upon such proof, it would have been the duty of the court to dismiss it. ‘he evidence is too speculative and conjectura}, But the bill of lading is not conclusive upon the libelant; like other receipts it may be explained, Abbe v. Eaton 61 N. Y. 410. It would be an intolerable doctrine to hold the earrier irrevocably bound by every stute. ment signed by him in the bustle ‘and ex- citement of commerce. He should always be permitted to show the truth. Whether the mistake or loss occurred at New Balti- more or Buffalo is not material so long as no fant can beeimputed to the libelant. There should be a decree tor the libelart, with costs, COAL CARGO SEIZED. Last Wednerday the cargo ot coal inthe THE MARINE RECORD. hold of the schooner S. V. R. Watson was seized by the Sheriff. Captain D. M. Becker, of the firm of Becker & Kelley, vessel brok- ers, had just before that time begun a suit in the Common Pleas Court againet the North- western Coal Company for $35, which they claimed was due to them for servives in char- tering vessels. ‘I'he cargo on board the Wat- son'was owned by the Northwestern Fuel Company, and Captain Becker, to secure his claim had it attached. It was released by the Sheriff on a bond being given by Thomae Axworthy. It ia stated that the suit will be amicably settled, THE COLORADO—MARSHAL’S FEES—COM- MISSIONS. (District Court N. D..New York. 1884.) Appeal from ‘Taxation of Marshual’s Costs. James A, Murray, for marshal. William B. Hoyt, for respondent. Coxe, J. In May, 1884, the propeller Colorado was gold by the marshal, under a decree, and the proceeds were paid into court. His fees and commissions for this service, estimated on the entire amount realized, were paid him in full. After discharging the debt of the libelants there still remained a large sum in the registry of the court. Ou the 7th ef June, 1884, the present pro- ceeding was instituted by Frederick L. Dan- forth, us receiver, to reach the amount so remaining. A petition was filed anda monition .issued, which was placed in the hands of the marshal for service. t In addition to hia fees for serving mesne process, mileage, etc., he charged $49.58, ‘per cent. on amount recovered.” This item was disallowed by the clerk. ‘'he marshal now appeals. The clerk was clearly correct. The marshal had already received his come missions. ‘he money was in the registry of the court and under its control. No action on the part of the marshal was necessnry to restore it toits rightful owner. When i owner was found the clerk was directed to pay itover. ‘That was all. No process was required and none was issued, there was no sale and no settlement. ‘I'here is no section of the fee-bill which directly or indirectly makes such a charge: permissable, and it is not a case where the discretionary power of the court on the subject of costs can be in- voked. ‘Taxation affirmed. HORNS—AN DECISION. Commissioner Proudfoot has just made a report in admiralty suit of importance. It was in the collision case of the steambarge Tempest and tug Boscobel. ‘lwo years ago the Tempest and barge Peshtigo, which was in tow of the tug Boscobel, collided off Chi- cago, and the ‘'empest was damaged to the extent of $2,000. ‘The collision occurred at 7 o’clock in the morning, when. a dense fog prevailed. ‘I'he Boscobel and tow were heading north, and the ‘Tempest was steer, ing southwest by west. Both the steam vee- sels exchanged fog signals tor five minutes before the collision. When they sighted each other the Tempest was steering so she would have struck the Boscobel about amidships, The officer in charge of the Boscobel signaled the ‘'empest to put Her wheel hard a star- board, and she passed under the Boscobel’s stern. It was not until then that the tow line was discovered, and the captain of the ‘'em- pest tried to swing clear {In order to avold a collision with the barge. When the Pesh- ilgo was seen she was to the westward of the course of the Boscobel, and a collision was inevitable. The Tempest’s engine was stop- ped and reversed, but before her headway could be checked materially she had struck the Peshtigo on the port bow, and was dam- aged to the extent of $2,000 as stated. ‘The owners of the Tempest filed a libel against the Peshtigo Company,.charging the fault against the Boscobel, and also claiming that her master had violated rule 19, which re- quires ,veesels in danger of meeting, when approaching with their starboard bows to ward each other, to put their wheels hard aport. They. also claim that the Peshtigo was at fault in not sounding a fog horn, and not following the course of the Boscobel. Commissioner Proudfoot in his report found the Boscobel and Peshtigo at fault but also found the ‘Tempest at fault for running at full speed in a fog. The importance of this deciston lies in the Commisioner’s claim that a barge in tow of a steam vessel must sound a fog horn-darjng foggy and thick weather, COLLISION—FOG IMPORTANT Y The owners of the Boscobel aud the Peshtigo have appealed trom the report. ORDER TO GRANT STAY OF PROCEEDINGS RE- FUSED. The Maritime Court, Toronto, refused to grant an order staying proceedings against the American steamer Pacifle, libeled by the Canadian Pacific railway, until a decision in the Canada steamer Alberta exse has been arrived at by the American courte, ‘These boats, it will be remembered, collided in the Sault River, and the owners of each libeled the other for damages, ‘The ease will be heard in a few days. BALLANCE OF WAGES CLAIM. On the Qist ult., Wm. IH, McDonald, of ‘Tonawanda, New York, Steward, and ‘Tim- othy Sullivan, of Troy, New York, fireman, on board the tug Balize, brought suit in the United States district court to recover, the balance due upon their wages, The tug was seized by the United States Marshal and held in custody until the next morning when the captain, W. H. Hutchingon, setted theclaims and costs in full and the boat was released. The tug is owned by S, A. Murphy, of Detroit, Michigan. A DREDGER A' SEA. An English Journal refers to the behavicr at sea of 2 steam dredger, ordered by the Chinese government, ot the Vulean Compa- ny, of Stettin, Germany. ‘The question of transport was at first somewhat perplexing, but it wns finally determined to navigate the dredge bodily to its destination. ‘The dredge consists of a large, oblong pontoon, the dredging machine itgelf passing through aladder well in the middle. It draws six feet of water and is fitted with an 80-horse- power engine for driving the dredger buck- ets, and also a propeller. For the journey the dredging apparatus was taken to pieces and stowed on deck along with a heavy iron crane Intended for arming men-of-war, hoisting boilers, etc. ‘The slot, or well, wae left open, 80 that there was a volume of wa- ter inside of it which had to becarried along. This and the heavy deck load caused the navigation of the pontoon to be looked at with considerable doubt, but the ‘novel eteamer has proved an unexpectedly safe ves- sel. Shortly after starting, it encountered a storm in the North Sea and stood it ex- tremely well, to the surprise of the crew. ‘The captain had authority to have the slot plated at the bottom in an English port if he considered it advisable, but this turned out superfluous, and would only have reduced the depth of the dredger in the water and lessened the efficiency of the propéller. ‘I'he journey from England to Gibraltar lasted fourteen days, and in the Bay of Biscay the vessel experienced a seven days’ severe southwhate storm, which it stood capitally. ‘The captain states that he never had a boat going so quietly and eafely under his com- mand as this dredger. During the heavy gales not even a plate or tumbler had slipped off the bare table, an occurrence which hap- pens on ordinary steamers with a very mod- erate sea on. ‘The slot filled with water in the body of the boat not only caused this in- creased stability, but also allowed it to be kept wellto the wind. Of course no pro- gress could be made during the storm, The speed naturally isslow, only four knote, and the voyage to the northernmost coast of China is calenlated to last five months. Per- haps this steady behavior of the unusual steamer may give useful hints to designers of anti-seasickness channel boats, THE LATEST TRIUMPH IN BRITISH NAVAL ARCHITECTURE. The trial trip of the new Cunarder, the Umbria, took place on the Clyde, Saturday, October 4th, the vessel steaming thiity miles ata apeed of 21 nautical miles an hour. As she had then been out of dock only a day or two, a marked increase of speed may be looked tor when her machinery is in thorough working order. ‘I'he Umbria is the largest vessel afloat, with the exception of the Great Eastern. * She is 520 feet long, 57 feet 3 inches breadth of beam, and 41 feet depth of hold, and measures over 8,000 tons, The vessel was built in the Fairfield yard, at Go- van, where a majority of the fast steamers of late years have been constructed. Her great breadth affords room for a wide saloon, ‘which Is 76 feet long, 9 feet high and lighted by a lofty cupola skylight. The electric light is used. The Umbria will carry 720 firat-class passengers, and has no steerage accommodations. The engines of this magnificent work of matine architect- ure are said to be the most powerful In the world. ‘Che center high preseure cylinder is 71 inches in diameter, and the two low pressure are each 105 inches, with a 6-foot stroke. ‘The ecrew is made of manganese bronze, cast in Fairfleld yard. The qualities of manganese bronze, combined with the development in practice of the true propor- tions of the screw propeller, are computed to add upward of a knot an hour to the per- formance of the old-fashioned cast tron blades. ‘The vessel is fitted for the admiralty service, and can carry coal for aixteen days, when moving continually ata epeed of 18 knots per hour. ‘the Umbria will sail from Liverpool for New York November Ist. 7 <o — IMPROVED COAL CRANE, Mr. Westmacott’s voaling cradle must be looked upon as the key to the successful ap. plication of movable coal shipping appli. ances. It may be described as a light plat. torm suspended by chains, which tukes its seat on an ordinary line of rails in any po- sition, It is suspended on what may be called an ant-friction swivel, which enubles aman to turn the cradle with a loaded Wag: on on it, thereby dispensing with turn-ta. bles, ‘here are no tipping chains to hook on and off every time a wagon Is shipped, a is the case with couling cradles of the usual construction; the tipping chains in this case pass through the center of the swivel attach. ment, and ure permanertly connected with the cradle. ‘he crane itself consists of a nearly square wrought iron pedestal or base. tapering upward, which Is carried on four wheels, one nenr exch corner, running on rails of 24 feet gauge, Jaid parallel to the quay wall. ‘These wheels, however, are used only for traveling on; the whole ot the weight when working is taken by tour hy- draulie jacks, one at each corner, which ef- fectually prevent any“movement of the crane. Rising out of the top of the pedestal, and revolving: in bearings atthe top and bottom of it, is the pillar, consisting of two flat plate girders, between which is placed the hydraulic cylinder for lifting. The chain from this cylinder passes over the jib head, and both euds are attached to the cradle. ‘The jib is attached at the lower end to the front of the pillar, just above the pedestal; and at the outer end by stays to the top of the pillar, At the back of the pillar is fixed a second hydraulic cylinder, which effects the tip- ping of the wagon by making a bight in the tipping chain that passes over the jib head tothe cradle. ‘The Upping chain is always kept taut by a third hydraulic cylinder placed on an inclined frame, which is fixed to the pillar at the back in the same way as the jibisin front. ‘Thus the tipping eylin- der proper needs to have a short range only, ‘The inclined cylinder and its frame act as a counter weight for balancing in some meas- ure the load hanging from the jib head. The turning of the pillar and jib is effected by a pair of hydraulic cylinders, one on each side of the pillar, fixed to the base of the pedes- tal, which itself remains stationary. The chain from these cylinders passes round a drum at the foot of the pillar. All the mo- tions are controlled with the greatest ease by one man in a valve house on the side of the pedestal. ‘here are two of these houses on opposite sides of the machine, so that he can use which is most convenient for enab- ling him to see into the vesgel. ‘he pressure water is conveyed to thecrane by movable and jointed pipes, which can be attached to hydrants placed at convenient distances on the hydraulic mains along the quay wall. ‘There is an auxiliary or anti-breakagecrane on the side next the dock, the foot of the jib being carried from the pedestal and the top by means of a chain from the top of the pillar, the invention of Mr. Charles Hunter, engineer to the Bute trustees. By an ar- rangement of a hopper hry on the deck, with telescopic throat, whieh ig closed bya conical bottom or valve held up by the auxil- iary crane, the firat tewwagonsful of coal can be lowered to the bottom of the hold, anda conical heap formed for the following coal to fall on, as is done at the hoists, 80 as to lersen the breakage of conl. When the anti- breakage crane is not in use, it can be swung to one side, clear out of the way. It Is found in actual work that a- wagon can be shipped in from two and a halt to three minutes. The crane was designed and constructed by Sir William G. Armstrong, Mitchell & Com- pany, and is similar to their well known and largely adopted movable hydraulic cranes for cargo and ballast work. These cranes were first introduced at the sugges- tion of the writer at the Atlantic wharf of the Bute East Dock to supersede fixed cranes, ‘I'he introduction of the movable crane resulted in such an increased amount of work and ‘dispatch to steamers that all the dock companies very soon recoguized the importance of adopting cranes of this type. At the Royal Albert Dock, London, there are about ninety of these cranes. The num- ber of tips for shipping coal at the Bute docks is now as follows: Yhirteen balance tips at shipping capac fore equal to nearlX 12,000,000 tons of coal per annum. In some )instances as much as 200 tons of coal have Yeen shipped per hour at the hydraulic tips;/and it is now not uncom- mon for a steam cdllier of 2,000 tons burden to enter the basin at high water of one day, discharge her ballast, recelve her outward cargo, and leave at high water the following day, the entire operation having occupied leas than twenty-four hours. ‘The principal portion of the trade carried on in the Bute docks I the export of coul and iron, which amounted to 2,750,000 tons in the year 1873, and to 6,916,000 tons In 1888, ‘The Import trade of iron ore, timber, and general mer- chandise amounted to 680,000 tons in 1873 and {n 1883 to 1,299,000 tons.—The Engineer. —— Subserlbe for the MarInk RECORD. \