Cornell University Law Library FROM THE BENNO LOEWY LIBRARY RECEIVED BY CORNELL UNIVERSITY UNDER THE WILL OF MR. BENNO LOEWY Cornell University Library KF 152.B87 The original of this book is in the Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/cletails/cu31924022836666 INDEX-DIGEST DECISIONS HON. ADDISON BROWN, LL.D. UNITED STATES DISTRICT JUDGE FOE THE SOUTHERN DISTRICT OF NEW YORK 1881 to lOOl Eepokted mostly IN THE FEDERAL EEPORTER Vols. 8 to 114 PRESS OF THE NEW ERA PlimTINa COMPANY- UNCA9TER, PA. PREFACE.. These notes of my decisions, brief and irregular in form, were originally pre- pared, up to Vol. 62 of the Federal Reporteb, for my own convenience only, as an aid in recalling or speedily referring to the circumstances of cases previously before me, and the points ruled or considered in them. The notes were generally made soon after the decisions were rendered, and were from time to time printed in pamphlet form to accompany bound excerpts of my opinions taken from the Federal Reporter. Six of such pamphlets were printed down to Vol. 62, after which I was unable to continue them. Copies were also sent as printed to the chief practitioners in Admiralty in the Southern District, and being found con- venient in practice, they were subsequently called for beyond what could be sup- plied from the few copies printed of the earlier numbers. In accordance with many requests since I left the bench, I have continued the Index to Sept. 3, 1901, the date of my retirement, and included all reported up to this time. To supply those who have not the previous numbers, as well as for greater convenience, the six former parts have been consolidated and re-printed with the continuation, without change in form other than bringing under one head all the notes on the same subject, and without the labor of re-writing in a more orderly and condensed form, which I trust will be excused in a compilation supplied for private use only. About one-fourth of the opinicms, mostly of minor importance, are not reported. A few of these, perhaps of some interest, have been here in- cluded and referred to by their file numbers. The lists of appeals, with the signs indicating the disposition of them, will also be found serviceable. The sign t is used when the decision on appeal allows some recovery, though less, or more, or different, than that adjudged below. The signs are carried through the body of the Index; but the marks, whether of afSrmance or reversal, do not always signify that the point to which the case is cited, was either aflSrmed or reversed. Hoping that the Index may be of some convenience, I take pleasure in pre- senting it to the members of the Admiralty bar and others as a mark, though small, of my very great obligations to them in pursuit of our common work; and especially because it is to their industry, thoroughness, and enthusiastic devotion to legal learning and the pursuit of the immutable principles of equity and justice, that these decisions, notwithstanding their defects and errors, are largely indebted for whatever acceptance they may have received. Nor can I fail to acknowledge my very deep appreciation of the unfailing courtesy, kindness and consideration that from the moment of my entrance into office on Jime 18, 1881, have made our intercourae one of unbroken harmony, cor- diality and pleasure. A. B. New York, August, 1902. CONTENTS. 1. Tabm; op Cases pp. 1-14 2. Cases Appealed to Cikcdit Court oe Circuit Court of Appeals . . . 15-19 3. Cases Appealed to U. S. Supreme Court 20 4. Index-Digest '. 21-141 TABLE OF OASES REPORTED. * Affirmed on appeal, fl^eversed. {Modified. ^District Court decision reinstated in the United States Supreme Court, c. Collision, dd. Damages divided. Vol. Page. Aalholm v. Iron ore 23, 620 Abbott V. Natl. S. S. Co 33, 895 •Ablowich, J., In re 99, 81 Active, The 22, 175 Addicks v. Kainit 23, 727 Adele Thackera 24, 809 Advance, The (fees) 60, 422 * do. Emp. C. (wharfage) 60,766 * do. ads. Atlantic Tr. Co 63,726 * do. ads. Brown 63,726 do. do 63,733 do. Gray 63,704 * do. do 63,733; 63,726 do. Hard 65,245; 70,258 * do. Higgins 61, 507 * do. Huntington .74,256; 63,726 * do. do. .65,245; 63,726 * do. Hutson 70,248 Aeronaut, The 36, 497 *Agins, In re *92, 1010: mem. Aguan 48,320 Ah Kee, In re 22, 519 *Ailsa V. Bourgoyne 76, 868 Alabama, The 18, 831 Alaska, The 23,597; 22,548 •Alaska & Columbia 33,107; 27,704 tAlbany, The, & Susq 74, 314 *Alene, The, ads. Hall 74, 268 *Alert, The 40, 830; 44, 685 do. (salvage) 56,721 * do. (charter) 61,504 Alexander v. Car, et al 64, 887 Alfred Dunois, The 76, 586 Algonquin, The (Yacht) 88, 318 *Alhambra 25, 846 Alicia A. Washburn, The 19, 788 AlUe and Evie, The 24, 745 •Aller, ads. Soule 59, 491 AUianca (wharfage) 56, 609 * do. The 39,476 do. ads. Brit. & F. M. . ..70,258 * do. Atlantic Tr. Co 68, 781 * do. Brown 63, 726 do. do 63, 733 * do. Com. Un 64,871 * do. Empire Co 60, 766 do. ads. Gray 63,704 * do. do 63,720 do. do 63,733 * do. Higgins 61,507 * do. Huntington 63,726; 74,256 Vol. Page. 'Allianca, Huntington 63, 733 » do. do 65,245 * do. Proc. ads. Hutson ... 70, 248 ** do. do. London Ass 65,245 do. do. do. ... 70, 258 Alps, The 19,139 *Alva & Dimmock 52, 598 Alvena, The 22, 861 • do. (rust) 74,252 * do. & Chicago 78,819 Amboy & Transfer 36, 925 • do. The 22,555 Ambrose Light 25, 408 American Eagle, The 27, 461 JAmerica, Talisman 32, 845 Amerique, The 35, 835 American Ex. Bk., The 70, 232 America, The 59, 787 Am. Button Co. v. Nail Co 47, 741 Am. S. S. Co. V. Indemnity 108, 421 do. do. V. Mannheim .... 108, 421 Amos D. Carver, The 35, 665 Amsterdam, The 23, 112 Anchoria, The 9, 847 do. 23,669 do. 77,994 Anderson, In re 97, 321 do. V. Carll 20,245 do. V. Munson (J. Bright) 104, 913 do. V. Scully 31,161 do. Co. V. Greenwich Ins.. .79, 125 Anerley 58, 794 Anglo Aust. V. Cornell 32, 798 Antonio Zambrana, The 70, 320 Anthony, D. M., The 10,760 Arctic, The (9 cases) 22, 126 tArcher, The 15, 276 *Archie Grossman, The 106, 984 *Ardan v. Thebaud 35, 620 Argonaut, The 61, 517 »Arnold v. N. S. S.... 25, 320; 29,184 *Arnstein, In re 101, 706 Arreco v. Pope 36, 606 Ashford, The 44, 703 Arthur, The 108, 557 Ashbourne, The, & R. Hadden . .99, 111 •Asiatic Prince, Herbst 97, 343 *Aspasia, The 79, 91 Asphodel, The 53, 835 Aspinwall, In re 11, 130 TABLE OF CASES. Vol. Page. Astrup V. Lewy 19, 536 Atalanta, The 34, 918 Atlanta, The 56, 252 Atlantic, etc. v. Alexandre 16, 279 do. V. Vigil., etc 68, 781 * do. Seguranca 63,726 *Atlas, The 42, 793 *Atlas Co. V. Chicago, The 78, 819 fAtlas V. Columb....l02,358; No. 1668 Aurania & Republic 29, 98 JBabcock, W. F., The 79, 92 JBailey v. Sunburg 43,81; 44,807 JBaker, S. B 23, 109 Baker & Therese 106, 87 JBalcarres Brook, The 66, 358 *Balfour v. Wheeler 15, 229 Baltic &. Beaman 41, 603 ♦Baltimore & Catskill 34, 660 do. The 56,127 *Banan, The 60, 447 Barber v. Vlasco 104, 101 Baracoa, The 44, 102 Bard, W. H., In re 108, 208 Barge No. 6 27, 472 Barges Noa. 2 & 4 58, 425 *Barnes v. Vetterlein 16, 218 Barnegat 55, 92 *Barney v. Niag. Ins. Co 67, 341 * do. Mayor 40, 50 mem. tBarracouta, The 39, 288 Baruch, In re 41, 472 Baseh, In re 97, 761 Bates, In re 27, 604 Bath 13 61,692 Battel V. Wallace c. ct. 30, 229 Battler, The 62, 612 tBaudouine, J. S., In re (trust) ..96,536 Baxter, The 37, 219 t do. In re 25, 700 * do. do 12, 72 do. V. Intern. Co 65, 250 do. V. Heillner 38, 668 Bay Queen, The 42, 271 do. do 27,813 *Beadleston v. U. S. (drawback) 104,295 Beaman, W. H., The 18, 334 Bear, In re 8; 428,429 Beeche v. Homeric, etc 106, 960 Behan v. Mayor 24, 239 Behrendt, In re 22, 669 Belgenland, The 36, 504 Belle & Norwich, The 34, 669 do. & Osceola, The 33, 719 * do. ads. Rose Brick Co 89, 879 Beniaon, The 36, 793 Bergen & Hadden, The 108, 555 Bergenseren, The 36, 700 Berkowitz, In re. , . .4 Am. B. Rep. 37 Vol. Page. Bermuda, The 17, 397 Berry v. Grace, Mohican 62, 607 tBerwind v. Schultz 25,912 Beta, The 40, 899 ; 44, 389 Bien, S. H. Co. v. Munson 103, 983 Blair, In re (assets) 102, 987 do. petition, partners 99, 76 Blankfein & D., In re 97, 191 Bloomingdale v. Wilson, L 105,384 *Blowers v. Wire Cable 19, 444 *Blue Bonnet, The 10, 150 Bohannan, Millie R 64, 883 Bohemia, The 38, 756 Bolivia, The 59, 626 *Bolton V. Pendergast 30, 717 Bordentown, The 16, 270 * do. do 40,682 Borland v. Zittloaen 27, 131 tBooth, G. R., The 64, 878 JBoskenna Bay, The 22, 662 do. do 36,697 do. do 31,612 JBoston V. Pettie 44, 382 Boston St. B. Co. v. Scully 63, 137 *Botany Worsted v. Knott 76,582 *Bouker v. Smith 40, 839 Bourgoyne La (Lim. priv.) . . . .104, 823 do. (practise) 106, 232 *Bowring v. P. & W. (Fernh.) ... .46, 119 * do. V. Thebaud 42,795 Bowen v. Decker 18, 751 do. V. Sizer 93, 227 Brackmadfor, The 37, 774 Braker, The 48, 696 Brantford City, The. . .29, 373; 32,324 Bremen & Main, 45 tugs Ill, 228 Brickel v. The Mayor, c. ct. App..ll2, 65 *Briggs, In re *61, 498; mss. Brmk. v. Lyons 18, 605 Brinton v. Uhrich 50, 581 t do. V. Fisher 59,714 ♦Bristol, The 11, 156 do 29,867 Britannia, The, Giglio 31,432 * do. & Beaeonsfield II153 U. S. 130; 34, 546 do. ads. Marx 34, 906 British & F. Mar. v. Advance ... 70, 258 * do. do. V. So. Pac. . . 55, 82 British Empire, The 24, 493 * do. King, The 89, 872 do. Queen, The 89, 1003 *Brockway, In re 12, 69 do. 49, 161 Brooklyn, The 62, 759 do. & Gloucester 46, 132 *Brown v. Advance, The 63, 726 * do. V. Allianca, The 65, 245 * do. V. do. 63,726 TABLE OF CASES. Vol. Page. Brown v. Cornell Co 110, 780 * do. V. Freights of Kate 63,707 * do. V. Seguranca 70, 258 * do. V. Vigilancia ....68,781 do. V. Yates 48, 115 Buck V. Post 39, 249 Buena Ventura, The 108, 559 ♦Buffalo, The 25, 457 ; 50, 630 * do. 114, 535 Burgundia, The 29, 464 Burnet, ads. Lehigh 56, 266 JBurrill v. Crossman P79 U. S. 100; 65,104; 70,258 •Calabria, The 24, 607 *tCalderon v. Atlas Co 64, 874 *Califano 51, 300; 49, 376 Cambusdoon, The 30, 704 Camelia & Drew, The 38, 858 •Campbell v. Pa. R. P.. .•85,462; (mss.) do. V. Manhattan 48, 344 Canada, etc. v. Acer 26, 874 •Canada Sugar v. Am . Ins. Co. . .82, 757 tCanima, The 17, 271 Captain John, The 33, 927 tCar Float No. 4 89, 877 •Cargo of Laths 41, 830 do. Malt 10, 774 do. 140,000 Brick 78, 149 Carl, The 18, 655; 23, 727 Carll, In re 20, 245 Carlson Admr. v. Pilots Ass 93, 468 Carnie, The 49, 682 Carondelet, The 37, 799 •Carribee, The 57, 251; mss. 1114 •Carroll Boys & Leonard 80, 416 Carsanego v. Wheeler 16, 248 Carver, Amos D., The 35, 665 Cary, In re 9, 754; 10, 622 Cashman, 8., In re 103, 67 Castro V. De XJriarte 16, 93 ; 12, 250 Catania, The 107, 152 •Catharine Whiting, The 99, 445 Catskill & St. John 92, 1010 Central R. R., In re (St John) .92, 1010 Celtic & Brittania, The 39, 395 Cement Rock & Alas 38, 764 Cent. N. J. & Sea. Ins. Co. (St. Johns) 101,469 tCenturian, The 57, 412 Ceres (Wreck, Coney Is.) 53, 665 *t do. (fruit charter) v. Wes...61,701 Chadwick v. Denniston 33, 515 Chadwicke, The 29, 521 •Chalmette, The 52, 174 do. 93,500 tChampagne & Bell Hig. .43,444; 53,398 + do. & Lisbonense 47,122 Chapman Der. Co. v. Prov 68,932 do. V. Engines 38, 671 Vol. Page. Charlotte Vanderbilt, The 19, 219 Charles Allen, The 23,407; 11 Charles L. Baylis, The 25 Charley A. Reid, The 19 Chasoa, The 23 C. H. Valentine 24 Chase & Com. Perry 46 • do. V. Newark 108, Chateau Margaux, The 37 Chauncey M. Depew, The 59 Cheruskia, The 92 Chicago, The *78, 819 ; 61 do. ads. N. Y. Central ... 101 Chilian, The 58; Chittenden v. Tanhauser 9, Christ Tirre, In re 95 Christian v. Van T 12 ♦Christie v. Davis Coal Co 92 do. V. do. 95 tChrystal v. Fl. (Irrawady) 82. do. Stream, The..c. dd. mss •Chur. V. Hav. R. Co 42^ Ciampa Emilia, The 39 City of Albany 34 do. Alexandria 17 t do. do 23 do. do 31 do. do 44, 361 ; 40 do. Augusta 30 do. Atlanta 56, 252; 26 do. Brockton 47 do. Chester 24, do. do 18 do. do 34,420:27 do. Hartford ._ 11 do. Lincoln 25, do. Macon 20, do. Merida 24 do. Mexico 25,924; 24 t do. New York 15, do. do 23 do. do 25 t do. do. Berwind 44 do. New Bedford 20 % do. Norwalk, The S.i * do. do. 106 do. Para, The 44 do. Richmond, The 43 do. Rome, The 49 do. Savannah, The 41 * do. St. Augustine, The 52 do. Springfield, The 2G * do. do. & Sammie 29 do. Troy, The 19 do. Truro, The . . . Claiborne, In re JClara, The, & Reliance •Clark, H. M., The Clayton v. 410 Tons Coal .35 10!) .49 .22 .20, 317 862 111 156 703 874 111 157 791 683 521 143 697 225 425 884 3 837 472 1794 511 126 812 390 82n 427 697 844 456 91 603 399 89 835 159 229 "33 624 610 141) 693 57 9.S 982 689 85 39-2 891 237 l.-iS 92:1 111 317 74 7fi,-, 75-i 799 TABLE OF CASES. Vol. Page. Clinton, The, & Booth 97, 510 Clintonia, The, freight 104, 92 do. (error in payt.) . . .105, 256 C. Miller, The 53, 136 *C. P. Raymond, The 26, 281 *Coe F. Young, The 45, 505 * do. 25,457 Cohn, Sarah, In re 98, 75 C. M. Kingsland, The 25, 856 Coleridge, S. S., The 72, 676 Colima, The 82, 665 Colonel Adams, The 19, 795 Columbia, The, 48, 325 * do. & Eagle 92,936 do. & Williams, The.. 29, 716 * do. & Alaska 27,704 Comet (yacht, Bay Ridge) 102, 702 *Com. Un. V. AUianca 64, 871 Commodore Jones, The 25, 506 *Compan. de Bilboa v. Span 31, 492 do. Gen. Trans 59, 789 do. do. (Lim.) 104,823 *Concho, The 58, 811 Concord, The 58, 913 Connemara, The 57, 314 *Connolly v. Ross 11,342 *Conqueror, The 49, 99 * do. & Winslow. .2 M. Reg. 463 Conrad, The 57, 256 "Continental v. Mayor 36, 710 Conventina, The 52, 156 Cook, Wm., The 12, 919 Cook, In re 17, 328 Cooke, J. J., In re 109, 631 Cooper V. N. H. S. Co 18, 588 Cornell, 0. H. P., In re 97, 29 ♦Cornwall & N. Y 38, 710; 40, 900 Cottrell, John, The 34, 907 Coya, The (6 cases) 108, 413 Craigearn, The 106, 978 Crawford, Blanche, Tlie 68, 939 Credit Lyonais 19, 123 do. do 15,637 *Crenshaw v. Pearce 37, 432 Crossan v. Wood 44, 94 CroBsley v. Fabri 25, 44 Crossman 58, 808 Crystal Stream, The 25, 575 Cunningham v. Swz. I. Co 26, 46 Curlew, The 54, 899 *Cushing, Mary L., The 00, 110 Cyclone, The (2 cases) 16, 486 Cyclops, The 45, 122 Cyprus, The 55, 332 *Darcy & Fisher, The 29, 644 "Dakota, The 00, 1020 Dan, The 40,691 "Daniel Burns, The 52, 159 Vol. Page. Dasori, The 47, 330 do. & Burnett, The 46, 415 "Dave & Mose, The; Fahy 49,389 Day, In re c. ct. 27, 678 "Daylight & Circassia, The 55,113 De Farconnet v. W. Ass 110,405 Defiance & E. Dayt., The 92, 521 De Leeuw, In re 98, 408 "Delaware, The 12, 571 "Demarest & Pequot 25, 921 Dene S. S. Co. v. Munson 103,983 Denmark, The 27, 141 Despatch, The 50, 611 Destroyer, The 56, 310 Devato v. Plumbago 20, 510 De Wolf V. Tucker 24, 289 Diack, In re (Ins.) 100, 770 Dickie v. Wilson 49, 390 Diehl, In re 15, 234 Dietz, Herman, In re 97, 563 Dietze, In re 40,324 Dimitri Donskoi, The 60, 111 Dininny v. Myers 68, 943 Distilled Spirits, 3 Packg 14, 569 D. J. Foley, The 26, 456 D. M. Anthony, The 10,760 Dixie, The, & Pine Piles 46,403 Don Juan & Komuk, The 50, 618 •Donkin v. Herbst, Shadwan 49, 379 Doris EckhoflF, The 30, 140 t do. do. 32,555 do. do 41,156 Dorian, The 68, 1018 Dorothy, The 59, 636 Douse V. Sargent 48, 695 Doyle, In re 18, 369 Drew, The 15,826 * do. ads. Bean 22, 852 t do. ads. McDonald 35, 789 * do & Revenue, The 41, 445 * do. & Young, The 25, 457 Duden v. Maloy (ct. Ap.) 63, 183 Dumont, Jas. A., The 34, 428 JDunbritton, The 61, 764 Duncan v. Shaw 19, 521 "Durchman v. Dunn 101, 606 tE. A. Packer 20, 327 t do. ads. Castle 22, 668 Eagle, The, & Purcell 69, 157 Earnmoor v. Ins 40, 847 ; 44, 374 East R. Ferry Co., In re 26, 766 Easton, The 49, 656 "Eaton V. Newmark 33, 891 Eben Fisher, Tlie 17, 554 Echo, The 19, 453 »E. Corning, The 25, 572 Edgar Baxter, The 24, 386 "Edith Godden, The 23, 43 TABLE OF CASES. Vol. Pago. Edith Godden, The 25, 511 Edwin, The 23, 255 Edwin Baxter, The 32, 296 Edward B. King, The 26, 158 Edgerton v. Mayor 27, 230 Egan V. Barclay F. Co 61, 527 Egbert v. St. Paul I. Co 71, 739 do. do. 92,517 *Egypt, The (Arnold) . .29, 184; 25,320 E. H. Webster, The 18, 724 do. 22,171 *E. I. Morrison. .11153, U. S. 199; 27, 136 Eisenhauer v. Do Balanz 26, 784 *Elberon, The 70, 720 *E1 Dorado, The 27, 762 JElectron, The 48, 689 ; 56, 304 Ellen McGovern, The 27, 86.S Elmendorf , In re 9, 545 El Rio, The 66, 360 Elsie Fay, The 48, 700 Elting V. East Chester 50, 112 Ely, The, ads. Bowring 110, 563 Elvine, The 19, 528 Emperor, The, dumping 49, 751 do. stranding, E. Eiv 61,990 do. The, & Garrison 46, 143 Empresa Mar. v. N. Co 16, 502 *Emslie & Co., In re 98, 716 do. do 97,929 *Enchantress, Hard 58, 910 *Energia, The 56, 124 * do. 61,222 Enos Soule, The 95, 483 Erastina, The 50, 126 Erastus Wiman, The 20, 245 Erquit v. N. Y. S. S. Co 50, 325 *Etona, The 64, 880 Etruria, The (berthing) 88, 555n, Eureka No. 32 108, 673 JEuripides, The 63, 140|| do. 52,161 *Excelsior, The 12, 195 » do. 17,924 Excellenzen Sibbern 19, 536 tExe, The 52, 155 *Express, ads. The Mayor 48, 323 do. & Skidmore .55, 340 * do. & Niagara 44, 392; 46, 860 Falconer, In re (hab. corp.) ... .91, 649 Falls of Keltie, The 108, 416 *Fanwood, The 28, 373 do. 61,523 do. . . .Mar. Reg. Ap. 10, 1895 Farragut & Morrisania 35, 617 *Farwell, Geo., The, 2 cases *103, 882; No. 1648 f do. 3 cases tl03, 882; No. 1648 Vol. Page. Feldstein, In re (privilige) 103,269 * do. In re, dischg 108, 794 *Ferguson, In re 95, 429 Ferguson, W. E., The 108, 973 do. 107,155 Ferrelle, In re c. ct. 28, 878 Filer, In re 108, 209 Findley, In re 104, 675 Finklestein, In re 101, 418 Fish V. 150 tons Br. Stone 20, 201 do. V. Manning 31, 340 *Five Mud Scows 50, 227 Flamborough, The 69, 470 Fletcher & Grapeshot. .38, 156; 42,504 Flintshire, The 69,471 trioat No. 4 89, 877 do. No. 5 50, 573 Florence P. Hall, The 14,408 *Florence, The, ads. Thomas 65,248 * do. & El Dorado, The... 68, 940 *Florida, The 56, 614 Foerst, John, In re 93, 190 Foley, D. J., The 26, 456 Fontenaye, The 21, 134 Force v. Washington Ins. Co. ... 35, 767 Fort Lee, The 31, 570 Fox V. Damm (landing scow) . .105, 254 do. V. Patten 22, 746 France, The (pilotage) 50, 125 t do. (per. inj.) 53,843 Francis, The 21, 715 do 21,921 *Francis & Titan, The 44, 510 Frank & Wil., The 45, 488, 494 *Fred. E. Ives 25, 447 Fred. H. Rice, The 40, 690 French v. Foley 11, 801 Freund, Lazarus, In re 98, 81 Frey, In re 9,376 t do. The (glycerine) 92, 667 Friesland & Bellarden, The 76, 591 * do. & Dearberg 104, 99 Froment v. Duclos 30, 385 Fulda, The 52,400 do 31,351 Fulton, The 62, 604 Furnessia, The 35, 798 JGalileo, The 24, 386 Gallo V. McAndrews 29, 715 »Gandolfi v. U. S *74, 549; Jury ♦Gannon v. Canada Ice C. *91,539; Mem. Gany & Lipschitz, In re 103, 930 Garden City, The 19, 520 do. 26,760 do. In re 27,234 do. 38,860 Gardner, S. H., In re 106, 670 'Ctarfleld & Barstow, Tlie 50, 620 TABLE OF CASES. Vol. Page. Garland, The, & Kennedy 110,687 Garrett, R. S., The 44, 379 Garrett, The 55, 90 Garrison, The, & S. Brooklyn. . .65, 253 *Gates V. Ryan 37, 154 General Knox, The (3 cases) ...74,575 Georgeanna, The 31, 405 Georgia, The 53, 933 *Geo. L. Garlick, Tho 20, 647 Geo. E. Berry, The 25, 780 Geo. Washington.c. mss. 510; 2M.R. 470 Germanic, The (2 cases, ice) . .107, 294 Gevalia & Vision, The 39, 47 Ghiglione, In re 93, 186 Giglio, The 31, 432 Gildersleeve v. N. H. Co 82, 763 Gillespie, In re 15, 734 Giovanna, Hab. corpus 93, 659 Giulio, The 34, 909 Glamorganshire, The 50, 840 tGlenfinlas, The 42, 232 Gibson v. Brown 44, 98 Goddard, T. A., The 12, 174 Gokey v. Fort 44, 364 Goldman, In re 102, 122 do. V. Furness 101, 467 Goldsmith v. Tower 37, 806 Gove V. Judson 19, 523 Governor, The, ads. Hastorf . . .77, 1000 Grace Seymour & Read, The 63, 163 *Gracie May, The *72, 283, Mem. Grand Republic, The 10, 398 do. 16, 424 Gran Canaria, The 16, 868 Grant Bros., In re 106, 496 Grapeshot, Ths 22, 123 Gratitude, The 31, 232 do. 42,299 Gray v. Advance, The 63, 704 * do. V. Freights of The Kate. . .63, 707 * do. V. Allianca 63, 726 "^ do. V. Freight, Seguranca 63, 726 *Green v. Comp. Gen. Ital 82, 490 *Greene & Gaynor (removal) . . .100, 941 * do. do. ...108,816 Greenburg, C. & M.., In re 106, 496 Greenpoint, The 18, 186 * do. 31,231 Greenville, The 58, 805 tGronstadt v. Witthoff 15, 265 Groun v. Woodruff 19, 143 Gross V. Texas S. S. Co 107, 510 G. T. Tully c. ct. 20, 812 Gross, Sam'l, In re 5 Am. B. R., 271 Guadeloupe, The 92, 670 *Guildhall, The 58, 796 Guillermo, The 26, 921 Guimaraes v. Seguranca 68, 1014 Gulf Str. & Knight, The 43, 895 Vol. Page *Gulf Stream, The 58, 604 *Gutwillig, In re (Hahlo) 90, 475 do. In re (Codey) 90, 481 tGuyandotte, The, & Delaware ... 92, 931 JGypsum Prince, The 57, 859 Hadden, The, & Newman 68, 1017 *Hadji, The 18, 459 do 16, 861 Haight V. Bird 26, 539 do. V. The Mayor 24, 93 Halenbeck (Lim. Liab.) 110, 556 Hall, J. D., The 34, 904 Hallock V. Anderson 20, 245 *Hanchette, The 76, 1003 Hard v. The Advance 63, 142 do. et al. V. The Advance 70, 258 Harjes, Annie, The 45, 900 Harlem, The 27, 236 Harold, The 21, 428 do. & D. Crockett 84, 698 Harper & Bros., In re 100, 266 *Harry & Fred, The 49, 681 Harry Buschman, The 33, 558 Harvey v. Smith 35, 367 *Hastorf v. Supply Co 1 10, 669 do. V. The Mayor 64, 869 do. V. Moore 92, 398 Hat Sweat, etc. v. Davis 31, 294 Hattie M. Bain, The 20, 389 *Hattie Palmer, The 63, 1015 Hattie Low, The 14, 880 Hatton V. De Belaunzaran 26, 780 *Havana, 4 cases 54, 201 Havener, The 50, 232 Haverhill, The, & Ice King 66, 159 Havermeyer v. Compania, etc. . . 43, 90 Haveron v. Goelet 88, 301 *Hawlowetz v. Kass c. ct. 25, 765 JHavilah, The 33,875 * do 39, 333 Heathcraig, The 108, 419 Helena, The, & Walleda 64, 807 *Heipershausen 56, 619 Heisenbuttel v. Mayor 30, 456 Helgoland, The 79, 123 Helios, The 12, 732 H. M. Spraker, The 29, 457 Helen Keller, The 50, 142 Henderson v. Iron Ore 38, 36 tHenschel, In re 109, 861 *Herbst, Shadwan 49, 379 Herman v. Herman c. ct. 29, 92 *Herman, H., In re 102, 753 Herzberg, In re 25, 699 Hesbaye La 71, "42 *Hewlett (Strathalon) 105,80; Mem. *Heye v. No. German L 3.'?, HO Heyman, A., In re 104, 677 TABLE OP CASES. Vol. Pago. Heyman, P., In re 108, 207 •Higgins, et al. v. Advance 61, 507 * do. V. Allianca ()1,507 * do. V. Seguranca 61,507 * do. V. Vigilancia 61,507 Hilborn, Max, In re 104, 866 Hill V. Mackill 36, 702 Hilton, Albert B., In re 104, 981 *Hindoustan, The 67, 794 *Hine v. Bermudez 68, 920 t do. V. Perkins 50, 434 Hirsch, In re 97, 571 Hoadley, etc., In re 101, 233 Hoffmann, In re 102, 979 *Hogarth, ads. N. Y. Light Co 70, 872 Hohner v. Gratz 50, 369 *Hollander v. Baiz 40,659; 41,732; 43, 35 Hollander v. N. Ger. L. Mar. Reg. May 8, 1895. *Horgan & Slattery, In re 97, 319 Homeric, The 106, 900 *H. M. Clark, The 22, 752 Honge V. Woodruff 19, 136 Horton, ads. Gypsum P. Co 68,931 Howard, The 30, 280 'Howard Carroll *99, 1003, mss. 1570 Hubert v. Recknagel 13, 912 Hudson, The 14, 489 do. 15,162 do. & Barnes 68,936 *Hughe3 V. Penn. R. R 93, 510 'Hugo, Brauer 57, 403; 61, 860 Hull V. Pig Iron 37, 124 Hunker v. Bing 9, 277 Hunter v. Int. Ry. Co 28, 842 Huntington, In re 68, 881 * do. V. Freights of Kate 63, 707 * do. V. Proceeds Advance 63,726 * do. V. Proceeds Segvir- anca 74,250 *Huntington v. Freights Vigil- ancia 63,733 *Hurlbert v. Turnure 76, 587 *Hus3 V. Porto Rico S. S. Co. . . . 105, 74 Husted & Success, The 36, 604 *Hutson V. Allianca 70, 248 * do. V. Advance 70,248 * do. V. Seguranca 70, 248 * do. V. Vigilancia 70,248 *H. W. Hills, The 21, 727 *Iee 'King, The 52, 894 *Iasigi, In re 79, 751 do. 79,755 Idlewild, The 39, 115 * do 59, 628 do. & Medea, The 63, 1014 Indemnity Mut. v. Un. Oil 88, 315 Vol. Page. Industry, The 27, 767 •Inman v. West Un 43, 85 *lniziativa. The 50, 229 Int. Nav. Co. v. Galv. Wire 18, 733 * do v. Atlantic Miit. . . . 100, 304 * do. v. British & F. Mar. 100, 304 International, The 30, 375 Inti-epid, The 48, 327 Iroquois, The 38, 151 * do. & Powell, The 91, 173 Irthington, The 27, 143 *Isaac Bell, The 9, 842 Isakson v. Williams 26, 642 tiselin V. Hedden 28, 416 *Isle of Pines, The 24, 498 Italia, The 59, 617 Izzo V. Perkins 10, 779 Jackson, In re 9, 403 do. & Republic 58, 607 J. C. Jackson, Tlie 29, 396 J. D. Hall, The 34, 904 J. E. Mulford, The 18, 455 Jam (Chinese seaman) 101,989 Jamaica, The 23, 448 James Roy, The 59, 784 tJansen, Fred., The 44, 773 Jas. Farrell, The 36, 500 Jas. Rumsey, The 40, 909 Jas. T. Easton. The. .. .27, 464; 24, 95 James A. Garfield, The 21, 474 James A. Dumont, The 34, 428 Jayne, In re 28, 419 Jersey City, The 46, 134 Jessup, In re 19, 94 Johnson v. Johnson 13, 193 John Cottrell & Starlight 34, 907 J. H. Dillon & Garfield 30, 285 Johanne, The 48, 733 Johanne, Auguste, The 21, 134 Johnson v. The Mayor 40, 601 Joice V. C. Bts., 1758, 1892 32, 553 Jones, G. W., The 48, 925 Jones V. Welling 16, 655 •Joseph, In re 24, 137 Joseph Stickney, The 31, 156 * do. do 50,624 tJosephine B., The 45, 909 t Judson V. Courier Co 8, 422 do. do 25,705 J. W. Tucker, The 20, 129 Julia Flower, The 49,277 Kaaterskill, The 48, 701 KaiserWilhelm, The(18 libels) 106,963 Kaldenberg, In re 105, 232 Kamsler, In re 97, 194 *Kate, The 56,614 do. (ballast cover) 91, 679 TABLE OP CASES. Vol. Page. * Kate, freights, ads. Hunting. (5) .63,707 Kate Jones, ads. Scully 63, 137 •Katherine Whiting, The 90, 445 *Keen v. Morse M. R. 488 Kelly, In re 51, 194; 18, 528 Kenilworth, The 64, 890 *Kenney, In re 95, 427 ; 97, 554 JKensington, The 91, 681; 88, 331 JKerruish v. Havermeyer Co 42, 511 ♦Keystone, The 31, 412 tICillien & Garden C, The 63, 172 King, J. B., The 106, 980 t do. V. McManus..49,469; M. R. 482 Kletehka, Geo. A., In rj 92, 901 Kroas, A., In re 96, 816 KufBer, A., In re 97, 187 Lamberton, The 50, 326 t do. ads. Nelson, The 44, 813 * do. & Skeer, The 79,121 do. O'Rourke, mss. 798; 2 M. R. 479 L'Amerique 35, 835 JLamington, The. . . .t8fl, 676; mss. 1523 Langdon v. Fogg c. et. 18, 5 Lange, Herman, In re 97, 197 * do. 26,145; mem. *LaRue v. W. Elec. Co c. ct. 28, 85 Laura V. Rose, The 28, 104 Laverty v. Clausen 40, 542 •Lawrence, Com. & Float 97, 351 *Leary, The, & Evelyn 110, 685 Leavltt V. U. S 34, 623 Lehman v. Crosby 99, 542 Lennox, The 90, 308 ♦Leonard, M. G., The 80, 414 Leonard, In re 14, 53 do. V. Whitwell 19,547 do. V. Decker 22, 741 Lepanto, The 21, 651 ♦Lesser, In re (lien) 100, 433 do. (stay) ...*99,913; mem. do. (attachment Conn.) 108,201 t do. ( discharge ) 108, 205 Levering, W. A., The 36, 511 Levy, Ed. L., The 108, 435 ♦Lewensohn, In re (arrest) 99, 73 Lewensohn, In re 98, 576; 100, 776 Lewenstein, In re 106, 51 Lewis V. Hitchcock 10, 4 ♦Lewis, re Vietor 91, 632 Lifieri, In re 52, 293 Lighter 14 53, 143 Lilian M. Vigers, The 22, 747 Lilienthal v. Wallach 37, 241 ♦Lime Rock, The 55, 126 Linklater v. Howell 88, 526 Lipman, M. H., In re 94, 353 Lippke, A., & M., In re 98, 970 Vol. Page. ♦Little Sil. & Schulz 74, 574 Loekwood & Co., In re 104, 794 ♦London Ass. Co. v. Allianca 65, 245 London Ass. Co. v. Seguranca . . 70, 258 Lotta, The 65, 319 Louisiana, The 34, 603 Lowell M. Palmer, The 58, 701 Lowenstein, In re 106, 51 Lowry v. Shipping Co 84, 685 Lucille Manor, The 70, 233 ♦Luckenbach, E., 3 cases 109, 487 Luekenback, In re 26, 870 Luckenback, The 53, 662 Lucy D., The 21, 142 Lucy Miller, The 48, 121 Ludgate Hill, The 21, 431 ♦Ludvig Holberg,' i'he 36, 914 JLurline, Hlc...55,422; 57,398; mss. 1047 Lykus, The 36, 919 Lydia, The 49, 666 Lyman; P. 0. B'ldg 55, 29 Lyndhurst, The 48, 839 do. 92,681 McAdam, Geo. H., In re 98, 409 ♦McAdam v. Boyer 37, 73 McAdams v. Leverieh 35, 303 McAllister v. Hoadley 76, 1000 McCaldin, W. J 35, 330 ♦McCarthy, Styflfe 55, 85 McCaull V. Braham 16, 37 McCormick, In re 97, 566 JMcConnochie v. Kerr 9, 50 JMcCulloughv. N. H. R. E 55, 98 ♦McDonald, Lang 113,1019; mem. McKay v. Ennis 37, 229 McKinney, In re 15, 535 do. V. Rosenband . . c. ot. 23,785 McLaughlin v. Albany Co 8, 447 ♦McMillan v. Moran 107, 149 McPhun, In re c. et. 30, 57 ♦McWilliams (Vandercook) 65, 251 ♦Macy V. Perry 91, 671 Maggie M., The 30, 692 do 33,591 Magenta, The 93, 254 ♦Magdala v. Baars ♦lOl, 303; mem. Mahar, Burns & Crandall 106, 86 ♦Maharajah, The 40, 784 ♦Majestic, Nelson 44, 813 ♦ do. Potter P66 U.S. 375; 56,244 Mallory v. Dugan e. et. 25, 673 Manhattan v. Mayor 37, 160 Manning, In re 44, 275 Manhasset, The 69, 471 Manitoba, The (open port) .... 104, 145 do. (personal injuries) . .99, 780 ♦Maracaibo, The 79, 809 Marine Machine & Con., In re.. 91, 630 TABLE OP CASES. Vol. Page. *Marinin, S 28, 664 *Mark v. Home Ins. Co 52, 170 Markham v. Simpson 22, 743 Marquardt, The 53, 603 Marshall, The 12, 921 Marsland v. Yosemite 18, 331 *Martello, The.... 11153 U. S. 04; 34, 71 Martha, The 29, 708 Martha Bogart, The 50, 140 Martino Cilento, Thi- 22, 859 Mary Ann, The 11, 336 Mary McCabe, The 22, 750 Mary Fraser, The 26, 872 Mary N. Hogan, The 17, 813 do. 18, 529 ♦Maryland, The 19, 551 *Mary H. Packer, The 69, 741 *Mary L. Peters, The 68, 919 tMary K. Campbell t31, 840; mss. Mary K. Campbell, The 40, 906 •Mary Powell, The 31, 022 *Mary Powell,' The 92, 408 *Marx V. N. S. S. Co 22, 680 *Maseot, ads. Rose Brick 48, 917 tMascotte, No. 2 48, 119 * do. Oil 48, 119 tMascot, The 66, 74 *Matthiessen v. Gusi 29, 794 Maun Chunk, The Mar. Reg. June 19, 1895 Mauna Loa, The 76, 829 May jNIorn (lien) rass. a48; 2 M. R. 465 Mayor, etc., v. White 59, 617 Mayumba, The 21, 476 *Max Morris, The 24, 860 Mead, The 58, 312 do. In re 14,2871 Media, The 45, 79 Melloy V. L. & W. Coal Co 37, 377 Mellen, G. F., In re 97, 326 Menantie Co. v. Pierce 88, 308 Mendelsohn, H., In re 102, 119 do. (no commitment) mas. 17G7 Menominee, The 101, 136 *Merida, The (2 cases) 107,146; mss. 1662 Merjulio, The 68, 935 Merritt (salvage of salvor) ...106,970 t do. V. Chubb 113,176; 113,173 » do. & Venezuela 50,607 * do. ads. Schem 98,746; mem. Mesaba & Martello, The Ill, 215 *Mexico & Nansemond, The 78, 653 •Mexican Prince (3 cases) 70, 246 ♦Mexican Prince, The 82, 484 * do. do 70,246 Meyers, Abr., In re 100, 778 Meyers, A. A. (discharge) 105, 353 do & G. H. (firm assets) 96,408 Vol. Page. Meyers, A. A. (discharge) 97, 757 Midland, The 48, 331 *Mignano v. McAndrcws, 49,370; 51,300 Middletown, The 44, 941 *Middleton v. Comp. Gen. T 110, 1001 ♦Miller v. O'Brien 1F168 U. S. 287; 35, 779 •Miller v. O'Brien 59, 621 Minf. V. Old Dom 48, 1 Milligan v. Lalance c. ct. 17, 465 Mississippi, The 76, 375 Monarch, The, & Will 89, 875 Monmouth, The 44, 809 Monmouthshire, The 44, 697 Montross v. Mabie c. ct. 30, 234 Monte A., The 12, 331 Monticello, The 15, 474 Moonlight, The 50,478; 72,282 JMoore v. Sun Assn 95, 485 do. V. Oceanic Co 24, 237 Morrell v. Rheinf rank 24, 04 Morgan v. Vlasto 105, 994 •Morse v. Leh. Co •SO, 831; mem. Morton Bd. Stables, In re 108, 791 •Moses v. Hamburg (2 cases) ...88,329 Municipal, The 34, 812 Municipal, ads. Cuban M. S. S. 108, 895 Mmlen v. Ohapin, H. (Ct. App.) 109, 817 •Munson v. Straits of Dover 99, 787 Murtagh, Wm., The 17, 259 Muser v. Robertson 17, 500 Mystic, The 44, 398 JNacoochee, The 22, 855 Naranja, The 104, 160 Nathan Hale, The 48, 698 t do. 91,682 Nautilus V. Forbes mss. 1722 •Neall V. Union Ins. Co 95, 491 •Nebo, The 40, 31 tNeely, F., In re 108, 371 Neptuno, The 30, 925 Neptune Co. v. Sullivan 37, 159 Neilson v. Jesup 30, 138 Nereus, The 23, 448 JNether Holme, The 50,434 •Nevius, The 48, 927 do 67,159 New Champion, The 17,810 Newgold V. Electr. Nav. Co 108,341 •N. Haven v. Mayor (Cont.) 36, 716 New Hampshire, The 88, 306 Newport & Ives, The 44, 445 •Newport, The 28, 658 •New York, The 38, 710; 40, 900 do. 93,495; 88,556 N. Y. Central v. Ins. Co 58, 916 •New York & Norwich 34, 757 •N. Y. L. V. Hogan 70, 872 10 TABLE OF CASES. Vol. Page. ♦Niagara, The (Stahl) 77, 329 do. (salvage) 89,1000 do. 20,152 • do. & Mushing, 2 M. R. ..466 Niagara, The (Lim. Liab) 93,254 Niagara, Gladwiah 31, 163 Nickerson v. Montgomery 26, 655 *Nieanor, The. 44,504; 40,361 Nokomis, The 30, 711 Non Pareille, The 33, 524 Nora Costello, The .- . .46, 869 Nord-Deutscher Lloyd 58, 603 *Norma (yacht) 79,999; mem. Norma, The 32, 411 North Star, The 29, 151 *Normandie & Webb 40, 590; 43, 151 Normannia, The 62, 469 North, I. M., The 37, 270 Northam, C. H., The 37, 238 N. German Lloyd v. Henle 44, 100 JNorwalk S. Co., ads. McCull 55, 98 *Nutmeg State, The 62, 847 Nymphaea & May, The 84, 711 O'Brien v. Lynhurst & W 92, 681 • do. v. L. Ch 31,494 O'Connell, In re 98, 83 *0'Eourke v. Peck 29, 223 O'Rourke, The 55, 81 O'SuUivan, In re c. ct. 31, 447 Oakes, F. F., The 82, 759 Ocean Express, The 22, 176 Ocean Wave, The 53, 284; 22, 175 Old Dominion v. McKen c. et. 30, 48 Olga, The 32, 329 *01ney v. Tanner 10, 101 0. M. Hitchcock, The 25, 777 Olive Baker, The 36,717; 40,904 tOnderdonk v. Smith 21, 588 tOne Pearl Necklace, Dodge 105,357 Oneida, The 108, 886 •Ontario, The 106,324 *Orange, The, ads. N. Y. Cent 64, 141 Orange & Hoffman, The 46, 408 Oregon, The 27, 871 Orizaba, The 57, 247 Osceola, The 33, 719 tPaciflc M. (City of Para) 69, 414 Pacific M. Co. V. Dupre 74, 250 JPacker, The, ads. Castle 22, 668 tPacker, ads. N. J. Co 20, 327 Pactolas, The 88, 299 Paddock v. Fish 10, 125 Paradox, The 61, 860 Pa. R. R. V. Washburn 50,335 *Paoli, The 92, 940 Paquette v. Lumber 23, 301 *Parker, A. W., The *84, 832 mem. •Patria, The 92, 411 Vol. Page. Paturzo V. Comp. Franc 31, 611 Paul Revere, Tho 10, 156 *Paunpeck, ads. Hall 86, 924; mem. *Pavonia, The 23, 204 Payne, Wm. H., The 20, 650 Payne v. Ealli 74,563 Pearse v. Quebec S. S. Co 24, 285 Pearson, C. A., In re 95, 425 Pederson v. Pagenstecher 32, 841 •Peerless, The 48, 844 tPendergast, J. L., & Chis 29, 127 Pennland, The 23, 511 Pennsylvania, The 22, 208 *Penn. Co. v. Cent. R. R 59, 190 Penn. R. R. v. Ins. Co 56, 301 tPentlarge v. Kirby 19, 501 *Pequot & Demarest 25, 291 tPersian Monarch, The 49, 669 Peters, Mary L., The. 68, 919 Petrie v. Heller 35, 310 *Pettie V. B. Tow B. Co 44, 382 Pharos, The 9, 912 Philadelphia v. Mayor 38, 159 do. V. N. Eng., etc 24, 505 Phillip, Max, In re 98, 841 Phillips, Alice R... The 106, 956 •Phoenicia, The 90, 115 •Phoenix & Atlanta 50, 330 * do. & Seth Low 60, 1019 Picqua, The 97, 649 Pioneer, The Mar. Reg. Ap. 3, 1895 tPietro, G., The 38, 148; 39, 366 Pitts, In re 8, 26.S do 9, 542 Piatt V. Mead 9, 91 Piatt V. Matthews 10,280 Plymouth Rock, The 9, 413 Plymouth Rock 12, 929 tPlymouth Rock & Dentz 26, 40 Pohatcong, The „77, 996 Port Adelaide, The .38, 753 Portuense, The 35, 670 •Powell & Iroquois, The 91, 173 Pratt, The 60, 1022 Prentice v. U. S. Co 58, 702 do. V. Cent. Am. Arecuna. .78, 108 Premuda v. Goepel 23, 410 •Price, In re (removal) 84, 636 do. (exam.) 91, 6.35 Price & Co. (State Receiver) 92, 987 Principia, The 34, 667 Prince v. Lehman 50, 115 tPrinoeton, The 61, 116 tPriscilla, The (baggage) 106, 739 Privateer, The 14, 872 Progresso, The 16, 491 tProtector & G. Age. (N. Creek) 113,868; No. 1742 TABLJE OP CASES. 11 Vol. Page. Provost V. Pidgeon 9, 409 *Prouty, In re 24, 554 *Purcell & Morris, The 92, 406 Quaker City, The 19, 141 'Quaker C. & I. Wilbur 38, 153 Queen, The 40, 694 do 28,755 Querini Stamphalia, The 19, 123 *Racket v. Stiekney c. ct. 27, 878 *Raleigh, The 32, 633 JRaleigh & Niagara 44, 781; 41, 527 tRalli V. Troop 37, 888 Rambler, The 66, 355 Ransom, In re 17, 331 Earitan, The 32, 847 Rathburn, The 88, 549 Ravensdale, aus. Anderson 63,624 Rawson v. Lyon 15, 831 do. 23,107 Ray V. Marble 19, 525 'Raymond, C. P., The 26, 281 Eeardon v. Arkell 59, 624 Reba, The 22, 546 *Red R. S. Co. v. Transp. Co 84,467 Red. Wing v. M. Mut. I. Co 19, 115 *Regulus, The 18, 380 Reilly v. Phil. R. R. Co 109, 349 Reinitz, In re 39, 204 Rekersdress, A. W., In re 108, 200 'Reliance Ins. v. Cuba 70, 262 Renovator, The c. 30, 194 Republic, The 102, 997 Eeusens, G., The 23, 403 Rhode Island, The 17, 554 do. 24,295 * do. 25,840 Richard Vaux, The 20, 654 *Riker, W. H., In re 107, 96 Riley v. Iron Pipes 40, 605 Rio Grande & Demarest 38, 849 Rio Grande, The 22, 914 Ripple, The 41, 03 Rita, The 88,"B23 'Riversdale, The 53, 280 River Mersey, The 48, 686 Roanoke, The 45, 905 Robt. Hadden & Mattie N 68, 1017 'Roberts v. The Havana 54, 201 'Rockaway, The 19,440 'Eockaway & International 38, 856 'Rogers v. Aetna Ins. Co 76, 569 * do. V. Home Ins. Co 76, 569 Rollins Co., In re 102,982 Roman Prince, The 88, 330 Ronalds v. Leiter (Ct. App.) . . . .109, 905 Ronald v. Mutual Res c. ct. 30, 22.S Rosa, The 53,132 Vol. Page. Rose Culkin, The 52, 328 Rosedale, The 22, 737 'Rosedale & Oregon 88, 324 Rosenthal, Max, In re 108, 363 Rosenthal, The 57, 254 Eoslyn, The 23, 687 Rossend Castle, The 30, 462 'Rossman v. The Havana 54, 201 Roth, In re 15, 506 Rosinsky, In re 101, 229 Ruger V. Fireman's Fund 90, 310 Rotheraav, The 34, 80 'Rover, The (Chad. v. Den.) 33, 515 Rudolph, The 39, 331 Rumball v. Puig 34, 665 Rutter, J. H., The 35, 365 Russell V. Rackett 46, 200 Rusted V. Nicaragua Co 56, 1022 'Saale, The 59, 716 Sachem, The 59, 790 Saginaw ads.. The (demurrage) . .95, 703 Saginaw & Persia *88, 329 ; 84, 705 Salisbury v. 70,000 ft 68, 916 Sam Sloan, The 65, 125 tSammie & Burke, The 35, 327 'Sam Rotan, The 20, 333 Sam Marcus, The 27, 567 'Sandfield, The 79, 371 tSandford, M. J., and Tantallon. .30, 714 'Sarah Cullen, The 45, 511 Sarah J. Weed, The 40, 844 'Saratoga, The, ads. Cooper 37, 119 * do 9,322 do. The 20,869; 77,224 Saugerties, The 44, 625 tSaunders, B. B., The 19, 118 JS. B. Baker, The 23, 109 Schiedam, The 48, 923 * do. (gen. avg.)....70, 251 'Schlcsinger, S., In re 97, 930 'Sehrever, In re 19, 732 Schultz, N., In re 109, 264 Schuyler v. Decker 22, 741 Schwarz, In re 14, 787 Sohwarzchild v. Nat 74, 257 Scotia, ads. Florez 35, 916 do. Mills 35,907 'Scotland, The 42, 925 Scott, In re 8, 420 do. V. Devlin Adm 89, 970 do. V. Little 76,563 do. V. Cornell 59,638 do. V. Mead 37,865 Scows 3, 16 & 17 .50, 570 •Scow No. 15 88, 305 do. 9 45,901 do. 19 46,406 12 TABLE OF CASES. Vol. Page. Scow Platform A 38, 158 Scull V. Raymond 18, 547 Secor, In re 18, 319 *Seagur v. S. S. Co 55,324 Sea Witch, The 34, 654 *Secaucus & Hawley 34, 68 Seguranca, The 68, 1014; 58, 908 * do. ads. Atl. Tr. Co 63, 726 * do. Brown 63, 726 do. do 70,258; 65,245 * do. ads. Bmp. Co 60,766 * do. Gray, Huntg.63, 733; 63,726 * do. ads. Guimares 68, 1014 * do. Huntington 65,245 * do. Hutson 70,248 Senff, The 53, 669 * do. & Pavonia 32, 237 Serapis, The 37, 436 *Servia & Noorland 30, 502 do. ads. Miles 44, 943 *Serviss v. Ferguson 84, 202 Shadyside, The 93, 507 "Shamokin, The & Whitney 77, 1001 Shand, The 16, 570 Sharpee She, The 60,928 Shapiro & Novick 106, 495 Shaw, In re , 9, 495 *Shaw V. Folsom 38, 356 Sheinbaum, In re 107, 247 Shepard, In re 97, 187 Shields v. The Mayor 18, 748 *Shoe V. Low Moor Iron Co 46, 125 *Shovah V. McDonald.. . .113, 1019; mem. tSidney, The 23, 88 Signer, In re 20, 236 *Silverman, In re 97, 325 *Silvia, The 64, 607 Sintram, The 64, 884 Skeer, The 55, 123 tSkidmore & City of L., The 108, 972 Slocvim V. West Ins. Co 42, 235 Smith, In re 16, 465 do. The 19,551 do. V. Booth & Ex. L. Co 110, 680 do. V. MeKillop 22, 737 * do. V. Havemeyer 32,844 do. V. Pendergast 82, 504 * do. V. Paving Co 56,525 do. V. Walton 51, 17 ; 56, 499 * do. V. Yellow P. Co 108,881 Smoke, In re 104, 289 Snow V. Perkins 39, 334 do. V. Mahogany 46, 129 S. O. Pierce, The 40,767 Societg Anony. v. Reg 32, 230 So. Brooklyn, The 50, 588 So. Pacific Co 55, 82 So. Shields v. Forbes 99, 102 Vol. Page. *Southard v. Brady *36,560; n. op. Spartan, The 25, 44 Sprott, The, ads. Wyman 70, 327 St. Bernard, The 105, 994 St. Cuthbert. The 97,340 *St. Johns & Rosecrans 34, 763 do. The 101,469 St. John & Catskill, The 92, 1010 *St. Louis & R. Haddon.*107,540; mem. St. John, ads. Ferris 29, 221 *St. Paul, The (Salvage) 82, 104 do. (Wages) 77,998 Standard, The 23, 207 Starbuok, N. B., The 29, 797 Stark, In re 96, 88 State of Alabama, The 17, 847 do. Maine (4 cases) 22, 734 do. Texas, The 20,254 *Stein, Jule, In re *105,749; mem. Stern v. Co. Gen. Trans 110, 996 Stone, The 49, 475 Stone, C. R., The 68, 934 *Straits of Dover, The (hire) 95,690 * do. ( arbitration ) . . 99, 7 87 Stranger, The 44, 815 Strathay, The 27, 562 Streng, In re 8, 311 *Stroma & McCalden 41, 599 * do. Napier f 166 U. S. 280 ; 42, 922 JStyria, The 93,474; 95,698 Suggenheimer, In re 91, 744 *Suliote, The 23, 919 Sullivan v. N. Y. & N. H 11, 848 Sumner v. Caswell 20, 249 do. V. Pisa 91, 677 do. V. Walker 30,261 Surrey, The 30,223 t do 26,791 "Survivor, The 19, 449 Susquehanna, The c. 35, 320 Sutcliff V. Seligman 110, 560 Sutton V. Hous. R. R 45, 507 Swan, The 19,455 do 50,447 Swan V. 550 tons Coal 35, 307 S. W. Hall, The 49, 281 S. W. MoMis, The 59, 616 Syracuse, The 18, 828 * do. Goldsmith. *36, 830; mss. 544 Talisman, The 36, 600 Tampico, The 16, 491 Tancarville, The 45, 903 Tangier, The 32, 230 do. 44,692 iaurus. The, & Templar 95, 699 Taylor & Wise, The 52, 323 *Teilman v. Plock 17 268 TABLE OF CASES. 13 ^ Vol. Page. Thames, The 10, 848 Thompson, J. M. The 12, 180 Thos. P. Way, The 22, 739; 28, 526 *Thos. Melville, The 31, 480 Tillie, A (Scow), The 84, 684 Tilton, The 53, 139 Timor, The 61, 633 t do. (i-ats) 46,859 Tineker, C. A., In re 99, 79 *Titan & Unit *79, 117; mss. 1297 Titania, The ( 2 oases) 19, 101 Todd, E. F., In re 109, 265 Transfer No. 2 22,555 do. 1 53,610 do. 2 56,313 t do. 4 ads. McCuU 55, 98 do. 5 49,398 » do. 8, Eeddy 53,670 do. 3 91,803 do. 9 & Sewall *107,533 mss. 1713 t do. 8 & W... 82, 478; 88,551 Tommy, The 16, 601 JTrave, The 55, 117 *Trigg & Chase, The 37, 708 *Trinacria, The 42, 863 Trinidad Ship Co. v. Frame 88,528 Trundv, In re 18, 607 Tryon' Mary A., The 93,220 Tuhal Cain, The 9,834 Tug 13 50,628 Tully, G. T., In re. C. Ct 20, 812 Two Marys, The 10, 919 TJlrich V. Phoenix, &c 35, 308 do 12,152 do 16,607 Una, The 56, 157 Uncle Abe, The 18, 270 Union Ins. Co. v. Dexter 52, 152 'U. S. V. Auffmordt 19, 893 »U. S. V. Badeau 33, 572 U. S. V. Banks 17,322 *U. S. V. Baldwin 107, 104 tU. S. V. Barnes t31, 705; mss. 443 U. S. V. Bernard 84, 634 U. S. V. Boyd c. ct.; 24, 692 *U. S. V. Buxbaum (bond) 80, 885 U. S. V. Cent. Nat. Bk 10,612 t do. do. 15,222 U. S. V. Campbell 10, 816 U. S. V. Copell 48, 367 U. S. V. Curtis 10,184 *U. S. V. Ciitajar 50, 1001 U. S. V. Dana & Laffan 68, 886 U. S. V. DeGoer 38, 80 U. S. V. De Visser 10, 042 U. S. ■" Doherty 27, 730 Vol. Page U. S. V. Earnshaw 45, 782 do. 12, 283 U. S. V. Easson 18,590 U. S. V. 8 Cases Paper 98, 416 U. S. V. Fawcett 86, 900 U. S. V. Fish c. ct.; 24, 585 *U. S. V. Gray 107, 104 U. S .V. Georgi 44, 255 "U. S. V. Hall (e. ct.) 76, 566 Xr. S. Grant, The 45, 642 U. S. V. Hansee (c. ct.) 79,303 U. S. V. Hart (charge) 74, 724 U. S. V. Hewecker 79, 59 U. S. V. Mary N. Hogan, The... 18, 529 *U. S. V. Horner 44,677 U. S. V. Kuenstler c. ct 74, 220 U. S. V. Laces 92, 601 U. S. V. Lantry, C. Ct 30, 232 U. S. V. Leng 18, 15 U. S. V. Leverich 9; 481,586 U. S. V. Lipkis 56, 427 U. S. V. McDowell 21, 563 U. S. V. McCarthy 18, 87 *U. S. V. Mathews 68,880 *U. S. V. Miller 26, 95 *U. S. V. Morgan 28, 48 U. S. V. Nunez, Laurada (charge) . 82, 599 U. S. V. O'Brien (charge) 75, 900 fU. S. V. One Case Paintings.. mss.; 1778 U. S. V. Pearson, C. Ct 32, 309 U. S. V. Ragazzini 50, 923 U. S. V. Riley 88,480 U. S. V. Riley (abatement) 104,275 •U. S. V. Rogers 28,607 tU. S. V. The Sadie 41, 823 *U. S. V. Sherman 107, 104 U. S. V. Seaman, e. ct 23, 882 *U. S. V. 76,125 Cigars 18, 147 U. S. V. 30,000 Cigars 18, 147 tU. S. V. 65 Terra C. Vases 10, 880 U. S. V. Stubbs (Aristol) 91, 608 U. S. V. Sturgis 14, 810 U. S. V. Taranto 74, 219 U. S. V. Thurber 28, 56 U. S. V. Tobacco, 19 bales 112, 779 U. S. V. Treadwell 15, 532 U. S. V. Turnure 10, 042 U. S. V. Yennie & Carson 74,221 Utopia, The 16, 507 do 19,527 Vadevl.ind, The 18, 733 Valentine, C. IT., Tlie 24, 703 Vandal, Tlie 59, 790 Vandcrbilt, The 20, 050 Vandcrbilt & Lee, The 37, llfl Vandercook, The 77, 805 -* do. V. L. (Schiedam) ... .70, 251 14 TABLE OP CASES. Vol. Page. *Vandercook & Plainfleld, The... 88, 559 * do & Purcell, The 65,251 Vanello v. Cred. Lyon 15, 637 Van Houten, The 50, 590 Vaughan, In re 97, 560 Veendam, The 46, 489 Veit, The 56, 122 Velox, The 21, 479 * Venezuela, 3 cases 50, 607 •Venus, The 16, 792 do 17,925 Vesper, The 9, 569 *Vetterlein, In re 26, 145; 20, 109 * do. accounting 18, 158 * do. In re Hare 44, 57 * do. ads. Barnes 16, 218 tVictoria, P., & Komuk, The 79, 122 * Victoria, The, ads. Craig 88, 524 *Vietor, In re, Lewis 91, 632 Vigilant, The 30, 288 Vigilancia, The (Lien) 58, 698 * do. Atlantic Tr 68,781; 63,726 * do. Empire Tr. Co 60, 766 * do. ads. Brown 63,726 do. do 63,733 * do. Gray 63,726 do. do 63,733 * do. Huntington ..63,726; 63,733 * do. do. 65,245 * do. Hutson 70,248 Vim, The 12, 906 Vincent v. Hogan 108,428 Viola, The 59, 632; 60, 296 Vito RuUo, The 43, 62 Volunteer & Syracuse 49, 477 W. A. Morrell, The 27, 570 *Wadena, The *89, 1021; mss. 1460 *Wadge, In re 15, 864 Wall V. Lumber 26, 716 Walleda & Helena, The 64, 807 Walsh Bros., The 36, 607 Warn v. Davis Oil Co 61, 631 *Warren Adams, The, Mar R., May 8, '95 Warren, The 18, 559 Washburne, The 19, 788 Washington G. . . .mss. 510; 2 M. R. 470 Waterman, R. H., The 82, 478 Waterwitch, The *44, 95; mss. Waxelbaum, In re 98, 589 do. 97,562 Welch, J. F., In re 108,367 Wells V. Ai-mstrong 29,216 •Wells City, The 57, 317 Wenberg v. Phosphates 15, 285 'Wessels v. Ceres 61, 701 Vol- Page. West, In re 39,203 *West Brooklyn, The 45, 60 do. 106,751 * Westchester Water Co., In re. . . .98, 711 Westernland, The 24, 703 •Western Un. v. Inman 43, 85 Westfield, The 38, 366 Wheaton v. China M. I. Co 39, 879 Wheelwright v. Walsh. .42, 862; 44,380 White, And. J.. The 94, 1020 Whiteash & Winnie, The 64, 893 Wliite Fawn, The 20,647 Whitehall, The 68, 1022 Whitliebm-n, The 89, 526 JWhitman v. Vand 75, 422 •Whitney & Shamokin 77,1001 Wilbur," The. . . .Mar. Reg. Apr. 3, '1895 tWilcox, In re tl09, 628 Wilder, V. A., In re 101, 104 William Smith, The 59,615 Williams, The, & Moran 68, 938 do. V. Ins. Co 56, 159 do. J. C, The 15,558 Willie, The 29, 153 W. J. MoCaldin, The 35, 330 Wilson, The. . .Mar. Reg., July 17, 1895. do. & Greig, In re 12, 235 Wiman, E., The 20,249 Wm. Cook, The 12, 919 Wm. Murtagh, The 17, 259 Wm. H. Beaman, The 18, 334 Wm. H. Payne, The 20, 650 Wm. Worden, The 23, 88 Wm. L. White, The 25, 503 Winifred, The, Salvage 102, 988 Winne v. Snow 19, 507 Wolff V. Int. N. Co 18,733 •Wood, In re 98, 972 •Woolsey, B. F., The 16, 418 Wordsworth, The 88, 313 •Workman v. Mayor P79 U. S. 552; 63,298 Wright, In re 16, 482 Wyanoke, The 40, 702 ; 42, 80 Yorkshire v. Jarvis (Ct. App.)..78, 61 Yosemite, Marsland 18, 331 Y'osemite & Welcome 18, 383 JYoung America, The 26, 174 do. ....54,410; 27,562 do. (Liens) 30,789 Yoimg V. Aronson 27, 241 • do. v. Lehman 27,383 Yumuri, The 68, 930 'Z. L. Adams, The 26, 655 APPEALS TO THE CIRCUIT COURT OR CIRCUIT COURT OF APPEALS. * Affirmed. t Kever8ed. t Modifled. H Decisiou ot the District Courtreinstnted in Supreme Court. § Certiorari denied, c. CoUiaion. n. op. No opinion. Ct. App. Dist. Ct. *Ablowitch, In re 105,751; 99, 81 * Advance, ads. Brown 73, 503; 63, 726 * do. Wharfage, Emp. 71, 987; 60,766 » do. Gray 72,791; 63,726 * do. Higgins 67, 345 ; 61, 507 » do. Huntington ....72,791; 63,726 -* do. do. 74,256; 72,791; 65,245 * do. Hutson 73,452; 70,248 *Agin8, In re 92, 1010; mem. *Ailsa & Bourgogne 86, 475 ; 76, 868 ♦Alaska & Columbia 33, 107; 27, 704 JAlbany & Susq., c 81,966; 74,314 *Alene, ads. Hall 79,976; 74,268 *Alert (Munson) 74,609; 61,504 do. The 61, 113; 44, 685 * Alhambra, The 33, 73 ; 25, 846 *Aller (Soule) 73,875; 59,491 ♦Allianca, The 44, 97; 39, 476 * do. ads. Brown 73,503; 63,726 * do. Com. Un 79,989; 64,871 * do. Emp. Go 71,987; 60,766 *■ do. Gray 72,791; 63,726 * do. Higgins 67, 345 ; 61, 507 * do. Huntington 72,791; 65,245 * do. do. 74,256; 72,793; 63,726 * do. Hutson 73, 452; 70, 248 * do. London Ass . . . . 79, 989 ; 65, 245 *Alva & Dimmock mem. ; 52, 598 ♦Alvena, The (rust) 79, 973; 74, 252 * do. & Chicago 78, 924; 78, 819 *Ambov, The mem.; 22, 555 Am. SS. Co. V. Int. Mar 108, 421 t America &, Tal., c 37,813; 32,845 *Anchoria, The 83,847; 77,994 ♦Archie Grossman 106, 985; 106, 984 tArcher, The 23,350; 15,276 ♦Ardan v. Thebaud mem.; 35, 620 ♦Arnold v. Nat. (Egypt).. n. op.; 29,184 ♦Arnstein, In re 105, 287; 101,706 'Asiatic Prince. 103, 990; 108,287; 97,343 ♦Aspasia, The 80,1003; 79, 91 ♦Atlantic T. C. v. Vig. . . .73, 452; 68, 781 ♦Atlas, The n. op.; 42, 793 JAtlas V. Col. Co 102,358; mss. 1688 JBabcock, ads. Bauer 85,978; 79, 92 JBaker, S. B 25,771; 23,109 ♦Baltimore & Catskill 38, 367; 34, 660 tBalcares Brook 75,1018; 66,358 ♦Balfour v. Wheeler 18,893; 15,229 ♦Banan, The 60, 447; 60, 447 ♦Barnes v. Vetterlein 16,759; 16,218 ♦Barney v. The Mayor. . . .40, 50; mem. ♦ do. V. Niag. Ins. C...67, 341; mem. Ct. App. Dist. Ct- JBarraconta, The 40, 498; 39, 288 JBaudouine, In re 101, 574 ; 96, 536 JBaxter, In re 28, 452 ; 25, 700 do 12, 72 ♦Baxter v. Smith Oct., '85; mss. ♦Bean v. The Drew mem.; 22, 852 ♦Belle, ads. Rose Co 93,833; 89,879 ♦Bennett, In re mem.; mem. tBerwind v. Schultz 28,110; 25,912 'B. F. Woolsey, The mem.; 16,418 ♦Blowers v. Wire Cable. .21, 352; 19,444 ♦Blue Bonnett, The mem.; 10, 150 ♦ do . .mem.; 2 M. R. 478 ♦Bolton V. Pendergast mem.; 30,717 ♦Bordentown, The mem.; 40,682 JBoskenna Bay, The 40,91; 22,662 {Boston V. Pettie 49, 464; 44, 382 tBooth, G. K., The 91,164; 64,878 "Botany v. Knott 82, 471; 76, 582 ♦Bouker, Smith 49, 954; 40, 839 ♦Bowring v. Prov 50, 613; 46, 119 do. V. Theband.... 56, 520; 42,795 tBrinton, ads. Fisher, C..66, 71; 59,714 ♦Briggs, In re 61, 498; mss. ♦Bristol, The 20,800; 11,156 ♦Britannia &, Beaconsfield 34, 546 (42,67; 11153, U. S. 130 ♦British & F. v. So. Pac. .72,285; 55, 82 ♦British King, The 92, 1018; 89, 872 ♦Brockway, In re 23, 583; 12, 69 ♦Brown v. Advance, &c..73,503; 63,726 ♦ do. V. Allianca 79,989; 65,245 do. V. Cornell 110,780 ♦ do. V. Kate 72,797; 63,707 *■ do. V. Seguranca ...73,503; 63,726 ♦ do. V. Vigilancia....73,452; 68,781 ♦Bunker, In re. . .mem. mss. July 8, 1884 Burrill v. Grossman. .. .t69, 747; 65,104 91,743; 11179 U. S. 100 ♦Buffalo, The 55, 1019 ; 50, 630 ♦ do. mem. 25, 457 ♦ do 114,535; 114,535 ♦Calabria, The mem. 24, 607 'Calderon v. Atlas 69, 574; 64, 874 ♦Calif ano. The 53,958; 49,376 ♦Campbell v. Pa. E. R 85,462; mem. ♦Canada Sug. Co. v. Ins.t87,491; 82,757; K175 U. S. 609 tCanima, The c. 32, 302; 17, 271 ♦Cargo Sp. Laths mem.; 41, 830 ♦Carribee, The 57,261; (ms.) 1114 ♦Carroll Boys, The 80, 416 ; 80,414 15 16 APPEALS; CIRCUIT CT. OF APPEALS. Ct. App. Dist. Ct. tCasUe V. Packer, e 28, 150; 22, 008 tCenturion, The 08,382; 57,412.. tCeres v. Wessels 72,936; 01,701 *Clialniette, The n. op.; 52, 174 tChampagne & Lisb. c... 53, 293; 47,122 t do. & Belle, 00,299; 43,444; 53,398 *Chase & Newark 108,110; 108,111 *Chicago, Atlas Co 78,924; 78,819 *Chrystie v. Davis. .. .110, 1006; 95,837 •Churr v. Hav. Co 49,280; 42,511 tCity of Alexandria 28,202; 23,826 t do. New York 35, 604; 15, 624 t do ads. Berwind 49,956; 44,693 * do. of Norwalk, The..l06,982; 106,982 t do. do 61,364; 55, 98 * do Spring & Sam. .36, 568; 29,923 * do. St. Aug. The... 68, 393; 52,237 tClara & Eel. c 55, 1021; 49, 765 *Clark, H. M., The mem. 22, 752 *Coe F. Young, The 49, 167; 45, 505 *Coe F. Young & Drew. . . .mem.; 25,457 *CoIumbia & Eagle, The. .92, 939; 92, 936 * do. & Alaska 33,107; 27,704 '■Compania de B. v. Sp mem. 31,492 *Concho, The 63,1023; 58,811 *ConnolIy v. Eoss mem.;ll, 342 *Conqueror, The mem.; 49, 99 *Conqueror & Winslow . mem. 2 M. E. 463 *ContinentaI v. Mayor. . . .n. op.; 36, 716 *Cornwall & N. Y n. op. ; 40, 900 *Crenshaw v. Pearee 43,803; 37,432 *Cushing, Mary L 65,528; 60,110 *Dakota, The 68, 507 ; 60, 1020 ■'Darey, J. S., Fisher 38, 619; 29, 644 *Dave & Mose 61, 330; 49, 389 *Daylight & Circassia,. . .73, 878; 55,113 *D. Burns, The 56,605; 52,159 De Farconnet v. W. Ass 110, 405 *Delaware, The 20,797; 12,571 *Demarest & Pequot mem.; 25, 921 JDentz, Plymouth E.. . .c. 29, 525; 26, 40 *Deyo V. Oswego 36, 720; mss. 578 tDoris Eckhofif, c. The.. 50, 135; 32,555 *Drew & C. F. Young mem.; 25, 457 * do. ads. Bean mem.; 22, 852 t do. & Knapp mem.; 35, 789 * do. & Eevenue n. op.; 41, 445 tDunbritton, The 73,352; 61,764 *Durchman v. Dunn.. . .106, 950; 101,606 E. A. Packer t49, 92; 20, 327 P40, U. S. 360 tE. A. Packer. . . .t58, 251; §154 U. S. 518 *Eaton V. Neumark 36, 375; 33, 891 •Edith Godden, The mem.; 23, 43 *Egypt, The, Arnold n. op.; 25, 320 *E. L Morrison 27, 136 t40,511; C153U. S.; 199 Ct. App. Dist. C(. »Elberon, The 70,720; 70,720 ■'FA Dorado, The n. op.;27, 7,62 '' do. & Florence.. 89, 1015; 68,940 tElectron, The 74,689; 56,304 •Emslie, In re 102,291; 98,710 ■'Enchantress, The 63,272; 58,910 «Energia (Ins. Co.) 66,604; 61,222 ' do. c 66,604; 50,124 *Erastus Corning, The mem.; 25,572 "Etona, The 71,895; 64,880 JEuripides, The 71,728; 63,140 'Excelsior, The 12, 195 *Excelsior, The mem. 17, 924 * do. Downs 40,271; 2 M. E. 477 tExe The 57,309; 52,155 ■^Express & Niagara 52,890; 46,860 *> do. ads. Healy 49,764;*mss. '' do. ads. Mayor mem.; 48,323 ' do 49,764; *mss. *Fanwood, The mem.; 28,373 *Farwell, Geo. (2 cases) 103, 882; mss. 1648 t do. do. (3 eases). 103, 882; mss. 1648 •Feldstein, In re 115, 259 ; 108, 794 *Ferguson> In re 102,1002; 95,429 "Fisher & Clara, The mem. mss. 649 *Five Mud Scows 64,495; 50,227 tFloat No. 4, c 95, 495; 89, 877 'Florence & EI Dor.,The.89, 1015; 68,940 * do. Thomas 71,527; 65,248 'Florida, The 89, 1010 ; 56, 614 'Fradley v. Hyland 37,49; mss. 667 tFrance, The 59,479; 53,843 *Fred. E. Ives, The mem.; 25, 447 tli^ey. The 106, 319; 92, 667 'Friesland, The 113, 1018; 104, 99 {Galileo, The, c 28, 469; 24, 380 'Gandolfi v. U. S 74,549; charge 'Gannon, Con. Ice C 91, 539; mem. 'Garfield &Barstow,The.66, 366; 50,620 'Garlick, The 28,765; 20,047 'Gates V. Eyan mem.; 37, 154 Germanic (ice) 107, 294 tGlenfinlas, The 48, 758; 42, 232 'Gracie, May, The 72, 283; mem. 'Greenpoint, The n. op.; 31, 231 'Green v. Comp. Ital.. .102, 650; 82,490 tGronstadt v. A¥itth 21,253; 15,265 'Gruhn, In re mss. ; mss. 'Guildhall, The 64, 867; 58, 796 *Gulf Stream, The 64,809; 58,604 'Gutwillig, In re 92,337; 90,475 tGuyandotte, The c. 92,933; 92,931 JGypsum Prince, c 67, 612; 57, 859 'Hadji, The 20,875; 18,459; 16,861 'Hanchette (salvage) . .76, 1003; 76,1003 'Harry & Fred 55, 426; 49, 681 APPEALS; CIRCUIT' CT. OF APPEALS. 17 Ct. App. Dist. Ct. *H,astorf v. Sup. Co. 114,1019; 110,068 *Hattie Palmer, The. .. .68, 380; 03,1015 'Havana, ads. Reed 04, 496; 54, 201 JHavilah, The, c 50, 331 ; 33, 875 * do. do mem.; 39, 333 *HelpershUusen 03, 1020; 50, 019 tHenschel, In re 113, 443; 109, 861 *Herbst v. Donkin 55, 1002; 49, 379 *Herman, In re 106,987; 102,753 *Hewlett, Strathallon 105,80; mem. *Heye v. N. Ger. Lloyd. .36, 705; 33, 00 *Hlggins V. Adv. AH., &e.67,345; 61,507 *Hins, H. W., The 23,413; 21,727 *Hindoustau, The 67, 795; 67, 794 ■'Hine v. Bermudez 73,852; 68,920 t do. Perkins 55,996; 50,434 *Hogarth, The 70,872; 70,872 *Horgau & Slattery 98, 414; 97, 319 *Howard Carroll 99,1003; mss. 1570 *Hugo (Brauer).*66, 776; 57,403; 61,860 *Hughes V. Pa. R. R 113,925; 93,510 *Huntington & Kate. .. .72,797; 63,707 * do. V. Advance 72,793; 63,720 ■* do. v. Seguranca. .72,793; 74,256 * do. V. Vigilaneia..72, 791; 63,733 'Hurlbert v. Turnure. .. .81,208; 76,587 *Hutson V. Advance, &c. .73,452; 70,248 *Iee ICing, The 74, 656; 52, 894 *Idlewild 64, 003; 59, 628 *Iniziativa, The 57, 311 ; 50, 229 '••luman v. West. Un 59,365; 43, 85 *Int. Nav.v.Br. F. Mar.108, 987; 100,304 ' do. Atl. Mut 108,987; 100,304 *Iroquois V. Powell 91,173; 91,173 *rsaac Bell, The mem.; 9, 842 tlseliu V. Hedden 31, 266; 28, 416 *Isle of Pines, The mem.; 24,498 tJansen, Fred c. 49,254; 44,773 '-'Joseph, In re 23 Blateh. 237; 24, 137 'Joseph Stickney 56,156; 50,624 JJosephine B., Arrow.. c. 58,813; 45,909 t Judson V. Courier Co 15, 541 ; 8, 422 'Kate, The n. op.; 56, 614 *Kate, Freights of (5 cases) 72,797; 63,707 'Katharine Whiting 99, 445; 99, 445 *Keen v. Morse 49,253; M. R.; 488 *Kenney, Inre..l05, 897; 95,427; 97,554 'Kensington, The 94, 885; 88,331 JKerruish v. Hav 49, 280; 42, 511 'Keystone, The mem.; 31, 412 tKillian, Garden City 67,366; 63,172 JKing V. McManus, c.49,469; M. R.; 482 tLamberton, Nelson, c. ..48, 730; 44,813 Ct. App. Dist. Ct. "Lamberton, O'Rourke mss.; 498; 2 M. R., 479 'Lamberton.&Skeer,The.85, 983; 79, 121 JLamington, The 86, 675; mss. 1523 'Lamson, J. W., In re mss.; mss. 'Lange, In re mem. ; 26, 145 *La Rue v. West. Elect. .31, 80; 28, 85 'Lawrence & Com 115, 791 ; 97, 351 'Leary & Evelyn 113,1019; 110,685 'Leeming (Schiedam) ..79,107; 70,251 'Lenox, ads. Gray mem.; mss.; 570 'Leonard, M. G., The . . . . 80, 414; 80,414 'Ijesser, lien 5 Am. B. 320 ; 100, 433 ' do. In re (stay) 99,913; mem. t do. discharge 114, 83; 108, 205 'Lewensohn, In re 104,1006; 99, 73 'Lewis, In re (Victor) ... .97, 989; 91, 632 'Lime Rock, The 61, 862; 55, 126 'Little Silver & Schultz. .84, 508; 74,674 'Luckenbach (3) 113,1017; 109,487 'Ludwig Holberg, The.. 43, 117; 36, 914 JLurline, Haw.55,422; 57,398; mss. 1047 'McAdam v. Boyer 37,74; 37, 73 'McCarty, Styffe 61,510; 55, 85 'McCuUough V. N. H.... 61, 364; 55, 98 JMcConachie V. Kerr 15,545; 9, 50 'McDonald & Lang. . 113, 1019; mem. 'McMillan & Moran. . . .113, 755; 107, 149 'Me Williams, V. & Pur.. 74, 648; 65,251 'Macy V. Perry 99,1004; 91,671 •'Magdala v. Baars 101,303; mem. 'Maharajah, The 49,111; 40,784 ■'Majestic, Potter tOO, 624; 56, 244 11166 U. S. 375 -Majestic, Nelson 48, 730; 44, 813 'Maracaibo, The 79,998; 79, 809 'Marinin, S., The 32, 918; 28, 664 'Mark v. Home I. Co 64, 804; 52, 170 •Martello. t39, 505; P53,U.S.64; 34,71 'Mary H. Packer, The.. 69, 741; 69,741 tMary K. Campbell 31,840; mss. 'Mary L. Peters, The 79,998; 68,919 'Mary Powell, The 92,409; 92,408 'Mary Powell, Sinott. .. .36,598; 31,622 'Maryland, The 19, 551 »Marx V. N. S. S. Co.... mem.; 22,680 tMascot, The c. 66, 74; 66, 74 * do. Rose B. Co 57, 512; 48, 917 JMascotte (tea) 51, 606; 48, 119 ' do. (oil) 51,605; 48,119 'Matthiesen v. Gusi mem.; 29,794 'Max Morris, The 28, 881; 24, 860 'Mayor v. Express 61, 513; 48, 323 'Melville, T., 30,708; 34,350; 37,271; 31,486 'Merida, The 107,146; mss. 1662 JMerritt v. Chubb 113,173; 113,174 18 APPEALS; CIRCUIT CT. OP APPEALS, Ct. App. Dist. Ct. *Menitt v. Schem 98, 746; mem. * do. V. Venezuela. .55, 416; 50,607 *Mexioo V. Nansemond..84, 504; 78,653 ^Mexican Prince, The. .91, 1003; 70,246 - do. do. 91,1003; 82,484 *Middleton v. Co. G. Tr. 100,866; 110,1001 •Mignano v. McAnd. .. .53,958; 49,376 •Miller v. O'Brien t67, 605; 35, 779 ri68 U. S. 267; 59,621 IMoore v. Sun. Ass 101,591; 95,485 *Movse V. Lehigh 36,831; mem. •Moses V. Hamburg (2 cases) 92,1021; 88,329 •Munson v. Dover 100, 1004; 99, 787 •Nacoochee 28,462; 22,855 •Nannie Lam. & Skeer... .85,983; 79,121 * do. O'Rourke. mss. 798; 2 Ivi. E. 479 tNathan Hale, The 99,460; 91,682 *Neall V. Un. Mar. Ins. 115, 776; 95,491 *Nebo, The mem.; 40, 31 JNeely, F., In re 113, 210; 108,371 jNether Holme 55, 996; 50, 434 •Nevius, The 67, 158; 67, 159 do 67,158; 48,927 •New Haven v. Mayor.... n. op. 36,716 •Newport, The 36, 910; 28; 658 •New York & Corn. n. op. 38, 710; 40,900 * do. & Norwich. ..mem.; 34,757 do. Light. Co. v. Hogan 70,872; 70,872 do. ...113, 810; 92,1021; 88,556 tNiagara & Flush. .c. 32, 334; 2 M. R. 466 * do. (Stahl) 84,902; 77,329 •Nicanor, The 44,504; 40,361 •Norma, repairs . .79, 999 ; 68,509; mem. •Normandie, Webb 58,427; 43,151 JNorwalk, ads. McCul...c. 61,364; 55, 98 •Nutmeg State (2 cases) .67,556; 62,847 •O'Brien v. L. Ch., n. op. 31, 494 •O'Rourke v. Peck. .24 Blat. 473; 29,223 •Olney v. Tanner 18.636; 10,101 tOnderdonk v. Smith. .. .27, 874; 21,588 •Ontario, The 115,769; 106,324 ♦Orange, The 64,141; 64,141 •Oregon v. Eosedale 92,1021; 88,324 tPac. Mail (Para) 74, 565; 69, 414 ♦Packer, M. H., The 69,741; 69,741 t do. E. A., 0. .58, 251; 49,93; 20,327 * do. N. E., Ter n. op. mss. 1122 ♦Parker, A. W., The 84, 832; mem. ♦Paoli, The 92,944; 92,940 •Patria, The, & F. M.. .107, 157; 92,411 •Pa. R. R. V. Cent 59,192; 59,190 •Paunpeck, Hall 86, 924; mem. •Pavonia, The 26, 106; 23, 204 Ct. App. Dist. Ct. tPearl Necklace (one) . .111, 164; 105, 357 ♦Peerless, yacht 55,342; 48,844 tPendergast, J. L 32,415; 29,127 tPentlarge v. Kirby 20,898; 19,501 ♦Pequot & Demarest mem.; 25, 921 tPersian Monarch 55,334; 49,669 •Phoenicia, The 99,1005; 90,116 •Plioenix & Atlanta 58, 927 ; 50, 330 ♦ do. V. Mayor mem.; 60,1019 tPietro, G., The.. 40, 497; 38,148; 39,366 ♦Powell & Iroquois 91,173; 91, 1T3 ♦Price, removal.. 89, 84; 83,830; 84,636 tPrinceton, The 67, 557; 61, 116 fPriscilla, baggage 106, 739 jProtector 113, 868; mss. 1742 •Prouty, In re mss. •Purcell & Morris 92, 406 ♦Quaker City v. Wilbur. 38, 155 •Racket v. Stickney mss. JRaleigh & Niagara, u. . . .44, 781 ♦Raleigh & Pentz 37, 125 •Ralli v. Throop n. op. ♦Raymond, C. P 28,765 •Red R. S. S. Co 91,168 •Regulus, The 23, 98 ♦Reliance Mar. v. Cuba. .77,317 ♦Rhode Island, The 33, 73 •Riker, In re 109, 63 •Riversdale, The 60, 459 ♦Roberts v. Havana 64,496 ♦Rockawav & Intern'l .... 43, 544 • do The 25,775 ♦Rogers v. Actua Ins. Co. 95, 103 ♦ do. V. Home Ins. Co. 95, 109 Ronalds v. Leiter . . . . Ct. App. ♦Rosedale St, Oregon 92,1021 ♦Rossman v. Havana .... 64, 496 ♦Rover (Chad. v. Den.) . . .41, 58 24, 554 92, 406 38, 153 27, 878 41, 527 32, 633 37, 888 26, 281 84,467 18,380 70, 262 25,846 107, 96 53, 286 54, 201 38, 856 19„ 449 76, 569 76, 569 109,905 88, 324 54, 201 33, 515 ♦Saale, The 64,479; 59,716 tSammie & Burke, c 37, 907; 35, 327 ♦Sammie, ads. Wnis. . . .n. op.; mss. 1157 ♦Sam Rotan, The mem.; 20, 333 ♦Sandfield, The 92, 663; 79, 371 ♦Sanford & Tantallon. . . .37, 148; 30, 714 ♦Sarah Cullen, The 49,166; 45,511 ♦Saratoga, The 15, 382; 9, 322 ♦Saratoga, ads. Cooper ... 40, 509 ; 37,119 ♦Saturn, The mem.; mss. tSaunders, B. B., c. .23 Blat. 378; 19, 118 ♦Schiedam (Van v. L.) . .79, 107; 70, 251 ♦Schlesinger, In re 102, 117; 97, 930 ♦Schreyer, In re n. op.; 19, 732 ♦Scotland, The n. op.; 42, 925 ♦Scow No. 15 92,1009; 88,305 ♦Seager v. N. Y. & Cuba.. 55, 880; 55,324 •Secaucus & Hawley n. op.; 34, 68 APPEALS; CIRCUIT CT. OP APPEALS. 19 Ct. App. Dist. Ct. •Seguranca, Atl. Tr. Co.. .72,793; 63,726 * do. Emp. Co 71, 987 ; 60, 766 * do. Gray 72,793; 63,726 * do. Huntington ..72,793; 63,726 * do. do. ..72,791; 65,245 * do. ads. Brown... 73, 503; 63,726 * do. Hutson 73,452; 70,248 * do. HigginB 67,345; 61,507 *Senff & Pavonia mem.; 32, 237 •Servia & Noordland n. op.; 30,502 *Serviss v. Ferguson 84,202; 84,202 *Shadwan, Herbst 55,1002; 49,379 *Shamokin & Wliitney . . 86, 697 ; 77,1001 *Shaw V. Folsom 40,511; 38,356 *Shoe V. Low M. Ins. Co. .mem.; 46, 125 *Shovah V. McDon. & L. 113, 1019; mem. tSidney, The 27,119; 23, 88 *Silverman, In re 97, 325; mem. *Silvia, The 68,230; 64,607 *Skeer, F. P 85, 983; 79, 121 tSkidmore, City of L. c . 115, 791 ; 108, 972 •Smith V. Pav. Co 56, 527; 56, 525 * do. V. Havermeyer...36,927; 32,844 * do. V. Yel. Pine 114, 99; 108, 881 •Southard v. Brady 36, 560; n. op. *St. Johns, Eosecrans 42,75; 34,763 *St. Louis & Haddon 107,540; mem. *St. Paul, The (salvage) .86,340; 82,104 *Stein, Jnle, In re 105, 749; mem. •Straits of Dover 100, 1005; 95, 690 * do. (arbitration).102, 926; 99, 787 ♦Stroma.p66 U. S. 280; t60,557; 42,922 •Stroma, McCauldin 53, 281 ; 41, 699 IStyria, (5) .. .101, 728; 93,474; 95,698 •Suliote, The mem.; 23, 919 tSundberg, Bailey, c 49,583; 44,807 tSurrey, The 40, 90; 26,791 •Survivor, The 25,575; 19,449 Sutcliffe V. Seligman 110, 560 •Syracuse, Goldsmith. .36,830; mss. 544 •Tielman v. Plock 21,349; 17,268 tTimor, The (rats) 67,356; 46,859 •Titan & Unit, The... 79, 117; mss. 1297 •Titan & Francis 49, 479; 44, 510 JTransf er 8 & Wat., c ... 96, 253 ; 82, 478 88, 551 •Trans. No. 8 (F.eddy) n. op.; 53,670 JTrans. No. 4 (McCul.) . .61, 364; 55, 98 * do. 9 & Sewell . . 107, 533 ; mss. 1713 tTrave, The, c 68,390; 55,117 •Trigg & Chase mem.; 37,708 •Trinacria, The n. op.; 42, 863 'Turner v. Havana 64,496; 54,201 *U. S. v. Aufmordt n. op.; 19, 893 »U. S. V. Badeau 31,697; 33,572 tU. S. V. Barnes 31, 705; mss. 442 Ct. App. Dist. ct. •U. S. V. Baldwin 113, 217; 107, 104 •U. S. V. Buxbaum 80, 885, Jury •U. S. V. Cutajar..67,530; 59, 1001, Jury *U. S. V. 43 Diamonds mem. tU. S. V Centl. Bk 24,577; 15,222 •U. S. V. Gray 113, 213; 107, 104 •U. S. V. Miller 26, 100; 26, 95 •U. S. V. Morgan 35, 489; 28, 48 tU. S. V. Paintings. .99, 426; mss. 1778 •U. S. V. One Case Woolens mss. *U. S. V. Rogers 32,890; 28,607 tU. S. V. The Sadie 41, 396; 41, 823 •U. S. V. 76,125 Cigars.... mem.; 18,147 tU. S. V. 65 Terra C. V. .18,508; 10, 880 •U. S. V. Sherman 113,217; 107,104 •Vanderbilt & Lee 37, 118 •Vandercook & Purcell. .74, 648 •Vanderoook & Plfld.. .105, 1004 •Vandercook ( Schiedam ) . 79, 107 •Venezuela v. Ins. Co. . ..55,416 •Venus, The mem. •Vetterlein, acct mem. • do. In re mem. • do. mem. • do. do. Hare. .. .mem. tVictoria & Komuk, c. 95, 184 •Victoria, ads. Craig. . .113, 1021 •Victor, In re (Lewis) . .97, 989 •Vigilanoia, Atl. Tr. C. 72, 793 •Vigilancia, Atl. Tr. C. 73, 452 •Vigilancia, ads. Brown. .72, 793 • do. Empire Co.. 71, 987 • do. Gray 72,793 • do. Higgins 67,345 • do. Huntington.. 72, 791 • do. do. ..72,793 • do. Hutson 73,452 37,116 65, 251 88, 559 70, 251 50, 607 16,792 18,158 20, 109 26, 145 44, 57 79, 122 88, 524 91, 632 63, 726 68, 781 63, 726 60, 766 63, 726 61, 507 74, 256 65, 245 70, 248 •Wadena, The 89, 1021 ; mss. 1460 •Wadge, In re 16, 332; 15, 864 ♦Warren Adams. .74,413; M. R., %, '95 •Waterwitch, The 44,95; mss. •Wells Citv, The 61,857; 57,317 •Wessels v' Ceres 72, 936 ; 61, 701 •West Brooklyn, The. .106, 989; 106,751 *W. Brooklyn, The 49,688; 45, 60 •Westchester W. Co. . .102, 1004; 98, 711 •W. Un. V. Inman 59,365; 43, 85 tWhitman v. Vand 75, 422 ; 75, 422 •Whitney & Shamokin . . 86, 697 ; 77,1001 •Wood, J., In re mem.; 98, 972 •Workman v. Mayor t67, 348; 63,298 P79,U.S. 552 tYoiing Amer., Gall 31, 749; 26, 174 •Young V. Lehman n. op.; 27, 383 *Z. L. Adams, The mem.; 26, 655 CASES APPEALED TO THE SUPREME COURT. *Afarmed. fReversed. tModifiecl. g Certiorari denied. HDistrict Court decision reinstated. §Advance, a(Js. Huntg. §Ailsa & Bourgogne. . . §Alene, ads. Hall "Alaska & Columbia. . iAUianca, ads. Huntg. *Alva, Morris. Met . . . § Asiatic Prince *Aufmordt, ads. U. S. U. S. Rep. .163,690; 172,646; .168,710; . 130, 201 ; .163,690; .147,14; .183,697; .122,197; §Bailey v. Sundberg. . .154, 494; *Barnes v. Vetterl 124, 169 ; *Beadleston v. U. 8. . . 181, 584; tBooth, G. E., The 171, 450; *Botany v. Knott 179, 69; *Brittania & Beac. . .11153, 130; tBvirrill v. Grossman. .P79, 100; tCalderon v. Atlas 170, 272; *Canada Sug. Eef. Co. P75, 609; gCenturion, The 163, 705 ; iCeres v. Wessels 163, 706; tChrystal v.F.Irawady.l71, 187; tCity of Neve York, The 147, 72; "Columbia & Alaska. . . 130, 201 ; *Compa. de Bilboa 140, 483 ; "Conqueror, Fassett. . .142, 479; tConqueror, The 166, 110; E. A. Packer, N. J. L. Co. 1[140, 360; §E. A. Packer, N. J. L. Co. 154, 518; *Ed. I. Morrison, The. 11153, 199; "Egypt (Arnold v. N. S. S.) 154, 51; "Greene & Gaynor 183, 249 ; "I-Iawlowetz v. Kass. . .136, 638; "Hollander v. Baiz 135, 403; "Hugo, Comp. V. Brauer.168, 104; "Hiiss V.N.Y.& P.Eico.l82, 392; "lasigi, In re 166,391; flnternl. v. Br.& F.(4) . 181, 623; "Kate, The 164, 458; ^Kensington, The 183, 263; Fed. R. •63, 726 "76, 868 "74, 268 27, 704 "63, 726 52, 598 "97, 343 19, 893 $44, 807 16,218 104, 295 64, 878 76, 582 34, 546 65, 104 "64, 874 82, 757 t57, 412 t61, 701 82, 472 tl5, 624 27, 704 31,492 49, 99 "49, 99 20, 327 t20, 327 27,130 29, 184 108, 816 25, 765 41, 732 61, 860 105, 74 79, 751 "100, 304 56, G14 »88, 331 "La Kiie v. Elec. Co.. 139, 601; 28, 85 Affirmed 35 Modified 7 Eeinstated . . . U. S. Rep. Fed. R. §Lisbonense, Champagne 149, 786 ; t47, 122 "LudwigHolberg, The..l57, 60; 36,914 §Lurline, The 147, 486; Jmss. 1047 §McCull.v.N.Y.&N.H. 163,693; t55, 98 "Majestic, The, Potter. 11166,375; t56,244 "Martello, The 11153, 64; t34, 71 "Max Morris 137, 1; 24,860 §Mexican Prince 174, 801 ; "82, 484 §Middleton, Comp. G. Tr. 177,694; "110,1001 "Miller v. O'Brien P68,287; t35, 779 tMoore v. Sun. Ass 183, 642 ; t95, 485 JNacoochee, The 137, 330; "22, 855 tEailli V. Throop 157, 386; "37, 888 §Eeliance Mar. v. Cuba. 165, 720; "70,262 "Servia & Noordland. .149,144; 30,502 "Silvia, The 171, 462 ; 64, 607 "Stroma (Napia v. P). P66, 280; t42,922 tStyria, The 186, 1; 93,474 §Titan & U..166,722; "79,117; mss. 1297 §Trave, The 163,692; $55, 117 *U. S. V. Badeau 140, 701; 33, 572 §U. S. V. Baldwin 184, 700; "107, 104 tU. S. V. Centl. Bk. .. .137,355; flO, 612 §U. S. V. Gray 184,700; "107,104 "U. S. V. Hall 168, 632; 76, 566 U. S. V. Hart, approved 163,651; 74,724 U. S. V. Hewk., certf. div. 164, 46; 79, 59 "U. S. V. Horner 143,207; U. S. V. Kuenstler, approved 164,363; "U. 8. v. Matthews... 161, 500; U. S. V. Zucker 161,475; (made up by counsel) u. op- gVictoria & Komuk. . . .175, 725; $79,122 §Vigilaneia, Huntg 163, 690; "63, 726 §Warren Adams, The . . 163, 679 ; *M. E. % § Wessels v. Ceres, The. .163, 700; "61, 701 §Westchester Co 179, 683; "98, 711 "Wooa, In re 140 278; 370; mem. "Workman v. Mayor .... P79, 552; 63, 298 Eeversed 5 Certiorari denied 25 10 44, 677 74, 220 68, 880 20 IISTDEX DIGEST. * Affirmed on Appeal. tEeTersad. J Modified. H Dist. Ct. decision reiastated in Supreme Court, d. Dismissed, dd. Damages Divided. ABATEMENT. Action for a penalty for fraud and undervaluation abates by defendant's death before judgment, U. S. v. Eiley, 104, 275. ACCIDENT. See Collision, p. 46. Steerage child scalded by a bucket ot gruel; slipping on wet floor, no fault, *Anchoria, 77, 994. Collision with rip-rap near Middletown Bridge through sheering, Gildersleeve 83, 763; Ratline caught in falls at head of mast, Men- emonee, 101, 136. ACTION. See Consul, Limitation, Practice, Jurisdiction. Abatement. — Forfeitures in customs cases abate with death; no revival. De Goer, 3S, 80. Privity between vessel and a freighter agreeing to load; Melloy, 37, 277. No action in rem against. A Scow Platform, S5, 158. Pre- mature, for freight before amount is fixed; for non-delivery, before tender of freight, Henderson, 38, 36. No action on Captain's B/L; Saugerties, 44, 625. If goods in cusiodia legis, or sold by order of Court, no conversion nor damages; Henderson, 38, 36. Lies on guaranty of capacity and speed, Baracoa, 44, 102. lione for setting fire to dangerous derelict scow at sea, Mersey, 48, 686 ; none, against wharfinger for uneven bottom away from berth, Chester, 50, 112; none, against canalboat hired by the day, for grain stolen, Burns 53, 159; of possession for withholding damaged yacht by shipwreck, Una, 5G, 157. Not maintainable for breach of agreement to arbitrate, and for the costs of a former suit in excess of the costs of an arbitration; *Munson, 00, 787. Not enter- tained here, when the contract, the breach, the law and the chief witnesses, are all foreign, and the assignment is only colorable in order to give judisdietion; Goldman, 101, 467. ADMISSIONS. See Evidence, p. 92. ADRIFT. See Drifting, p. 53; Salvage, p. 129. Through anchor chain getting entangled in swinging in winter season; neglect to examine; Hastorf, «4, 869. In " singling out," Crawford, OS, 939. Goods; oil barrels; Maggie M., 30, 692. Scows, a snowstorm in Haverstraw Bay, Brown v. Cornell, 110, 780; Lower Bay, 'Bordentown, 40, G82. Transfer No. 2; 50, 313. Lyndhurst, 03, 68. Comet, 103, 702; t^loat, 4, 80, 877; *Chase & N., lOS, 110. See Breaking adrift, p. 48. 21 22 AGENT. See Master, Principal, Ship's Agent, Claims brought by joint tort feasor ; only the price paid aHowed, *Gulf Str., 58, 604; as banker of ship, has no lien, *Advance, 63, 142. Signing charter party "for Sun Ass'n.," which afterward accepts and uses the vessel, held ratified and adopted; JSun As., 95, 485. Ship's agent as steve- dore; negligence of fellow workman, Pioqua, 97, 649. ALIENS. See Habeas Corpus, p. 96. ANCHORAGE GROUND. See Penalties, Collision, p. 46. APPLICATION OF PAYMENTS. Chronologically, as against liens for supplies, and notes; Barges 2 and 4, 58, 425; proceeds of surplus bags, on short delivery, applied to ship's credit as surety, not to prior accounts; 'Enchantress, 58, 910. Chronologically, on agent's accounts ; intent inferred, Campbell, 40, 906. After shipment of goods to order and drafts thereon paid by the consignee, no change in application of payments by shipper allowed; nor B/L rightfully withheld; delivery without B/L justified. *Asiatic Prince, 97, 343. Bot- tomry; current receipts first applied to general account, balance to the lien; Martha, 29, 708. ARBITRATION. For refusal to arbitrate as per charter, only nominal damages recoverable; greater costs of former suit not recoverable, *Munson, 99, 787. ARREST AND ATTACHMKNT. See Carrier, Practice, Process, Bankruptcy. ASSIGNEE— ASSIGNMENT. Voluntary, may be proceeded agst. in rem. without leave, Roy, 59, 784. Of choose in action, colorable to give District Court jurisdiction; suit not entertained, Goldman, 101, 467. ATTORNEYS. See Bankruptcy, p. 26. Changed at will; contingent fee; Lien, Security; Ronald, 30, 228. AUCTION SALE. Pendente lite, no damages for loss on; should bond, Henderson, 38, 43; of vessel, best evidence; Benison, 36, 793, *Baleigh, 32, 633. BAILMENT. See Charter-party; Damages. Canalboat hired by the day to store and carry grain, not liable for thefts, Burns, 52, 159; Bailee, liable for pounding, when improperly left at sea fence. Mayor, 60, 1019; do., for breaking adrift and salvage, Bath 13, 61, 692. BAGGAGE. See Passengers. BANKRUPTCY— ^ci of 1867. 23 BANKRUPTCY. Act of 1867. Accounting. — Attorney's fees disallowed; expenses in revision proceedings al- lowed; Bookkeeper, rent. *Barne9 v. Vet., 18, 158; Attorney's fees excessive; reasonable amt. allowed; no charge for doing assignee's duties; not to expend all of assets in search of more; Cook, 17, 328. Branch houses, no separation of debts and assets; acctg. is res judicata. U. S. liave priority; *Vetterlein, 44, 57. Amendments. — Of proof of debts under mistake; dividends returned. Suit pending; English cases; terras; "Baxter, 12, 72. As to Stat. Limita- tions; delay; levy a vested interest; Bear, 8, 428; not allowed as to objections after argument and release of principal debtor; Smith, 16, 465. AssiNGEE AND ASSIGNMENT. — On void assignment, no fees, beneficial services. Statutes not retroactive; Hunter v. Bing, 9, 277. Removal of ass. denied; *Briggs, 61, 498. Bonafide incumbrances hold agst. assignee; Usury; Paddock v. Fish, lO, 125. Assignee may have creditor's bill without prior judgment at law; Piatt v. Mead, 9, 91. When dilatory, removed; *Prouty, 24, 555. On conflicting assignments of claims, the second prevails, if bona fide and gets the evidence of debt and gives prior notice; Gillespie, 15, 734. Assignment not avoided for matter subse- quent; nor for want of schedules filed; *01ney, 10, 101. Attachment; on expectation of banky. ; private drafts, McKinney 23, 785. Attoknevs. — Excessive fees, reasonable amt. allowed; cannot charge for doing assignees' duties; Cook, IT, 328; disallowed on accounting; expense of revision proceedings allowed, *Barnes v. Vetterlein, 18, 158; Expenses allowed for collecting a fund ordered turned over to assignee; Devlin, 89, 970. Books of Account. — Absent, discharge denied; *Brockway, 12, 69; Defects in to be specified; self-rectification. Details unnecessary. Check and Cash books; Frey, 9, 376; Q-eneral objections, when insufficient; separate papers kept and transferred, held a part of the books; no concealment; Smith, 16, 485. Composition. — Creditor estopped as to a prior known sale; Shaw, 9, 495; Al- lowed, though discharge refused; small dividend; "Joseph, 24, 137. Contempt. — Order dubious; party to be served, if accessible; Gary, 10, 622; New suit a violation; proof of service too loose; Schwarz, 14, 787. Costs. — See Mead, 14, 287; Excessive; Cook, 17, 328; *Barnes, 18, 158. Creditor's Bill. — Injunction dissolved after 3 years laches; Lien of; turn years Statute of Limitation; Pitts, 9, 542; *01ney, 10, 101; Little, 76, 563; By assignee without judgment at law; 2 years Stat, of Lim.; actual fraud; wife; resulting trust; Piatt v. Mead, 9, 91; }37, 865; same, cognovit note; sale by debtor's consent 2 mos. before bankruptcy held indirect transfer; "Balfour, 15, 229. Two years' limit begins to run after collection of the fund by the assignee; Hackley contract fund. Devlin, 89, 970. Deposition. — Unsigned, rejected; laches; Stenographer; Cary, 9, 754. 24 BASKRVPICY— Act of 1867. Deposit, of $50, when re-imbursed ; Elmendorf, O, 545. Discharge. — Denied, for want of cash or stock book; *Brockway, 12, 69; for preference by giving a mortgage when insolvent 10 months before. Diehl, 15, 234; for bankrupts' sale of piano after assignment; Jessup, 19, 94; see also Strenz, 8, 311; *Joseph, 34, 137; Granted, when books suffi- ciently disclose real state of the business; Frey, 9, 376. Specifications on, see Smith, 16, 465. Pitts, S, 263. See "Evidence." Petition to vacate must show prior ignorancej Bates, 37, 604. DowEB, none in equitaJile assets, or partnership lands; Ransom, 17, 331. Evidence. — On former petition for discharge received in case of death or absence; *Brockway, 13, 69; See "Depositions," Gary, 9, 545; of insolvency; fraudulent transfer of Insurance policy; Vetterlein, 16, 218. RXPUEQING. — Claim disproved; advances on joint account; Mead, 14, 287. Fbatjdulent Assignments. — Of insurance, just before bankruptcy, evidence of insolvency; Vetterlein, 16, 218; foreign Receiver no title nor lien till suit here; right cut oflf by bankruptcy; *01ney v. Tanner, 10, 101; As to suits on, and Stat, of Lim., see "Creditor's Bill," ante; Prior mort- gage available; interest; Judson, 35, 706; Tracing trust funds, identi- fication; lien, when lost; *Vetterlein, 36, 145; Proceeds of fraudulent assignment of Haekley contract in hands of bankrupt's administrator; complicated frauds; Devlin; 89, 970. Gambling. — ^Money lost by must affect estate; Signer, IS, Sl9. Injunction. — ^Upon execution dissolved after 6 years; Jackson, 9, 493; New suit is violation; arrest; contempt; Swartz, 14, 787; dissolved in creditor's suit after 3 years, laches; Pitts, 9,, 542; Not allowed after discharge; Herzberg, 35, 699. Liens. — Storage paid as upon quantum meruit; Kelly, 18, 528; Foreign Receiver has none till suit here; out off by bankruptcy; *blney, 10, 101; Extent of in creditors' suit; Limit 2 years; Pitts, 9, 542; *01ney, lO, 101; Mead, 37, 865. See Marshalling, infra. When lost; trust funds; *Vetterlein, 36, 145. On decree in equity, may sell free of liens as ascer- tained on a reference, and pay them from the proceeds; Mead, 58, 312. Limitation. — Statute of; two years; Little, 76, 563; see "Creditor's bill." Liens, ante. On fraudulent assignment and re-assignment to bankrupt of HacJdey contract and subsequent collection of claim by bankrupt's Administrators, held 2 years statute not applicable and that it did not begin to run against assignee in bankruptcy until collection of the claim by the administrators; Devlin, 89, 970. Marshalling Assets. — If no joint fund, joint and several creditors share alike; no marshalling.; West, 39, 203; nor among the creditors of branch houses of same firm; priority of U. S. ; * Vetterlein, 19, 94; 44, 57. Mortgage guaranteed: consideration; building contract; intent construed from subsequent- acts; *Schreyer, 19, 732. Paetnees. — Jurisdiction if one partner is within the district; firm books, sepa- rate papers a part; cash book in clerk's name; individual discharge; objections to be specific; Smith, 16, 465. BANKRUPTCY— 4c( oj 1867. 25 Prepeuencek. — Rescission and part return of goods, not a preference; Aapin- wall, 11, 136; only when there is knoioledge, §5128; fJudson, S, 422; By cognovit note and sale; *Balfour, 15, 229; Acceptance of draft before bankruptcy, not to be returned; JBaxtcr, 35, 700. Proof of Claims. — Re-eooaminationj oleomargarine, short delivery, rescission; no iijaivcr of prior damages; Kelly 51, 194; Draft received before bankruptcy; JBaxter, 35, 700. See "Expunging"; Aspinwall, 11, 136; Amended; *Baxter, 13, 72. Receiver. — Foreign; See " Fraudulent Assignment " ; *01ney, 10, 101. Referee. — Fees of, to be paid by loitness; stipulation; Scott, S, 420. Rent. — Half allovs'ed; lien for storage; paid from proceeds; Kelly, 18, 528; allowed on accounting; *Barnes, 18, 158. Sales. — Of assets; of personalty and realty together, valuable to each; Secor, IS, 319; under decree in equity, free of liens which are to be paid from proceeds; Mead, 58, 312; Judgment Sale, fraudulent; Pitts, 8, 263. Trust Funds. — Followed and identified by assignee; *Vetterlein, 36,. 145; Mead, 9, 91; 37, 865; *01ney, 10, 101; Devlin, 89, 970. Wife's Equity.— See Mead, 9, 91; 37,865; Devlin, 89, 970; " Dower," ante. BANKRUPTCY. Act of 1898. The Statute is designed for a pro rata distribution of assets, the prevention of preferences and the discharge of the honest debtor. Its construction should have reference to those objects. It avoids frauds and preferences, supersedes State insolvent laws, and authorizes such u, stay of proceedings in other courts as is necessary to enable a trustee or receiver in bankruptcy to intervene and secure the assets for the equal benefit of the creditors. *Gutwillig, 90, 475; do., 481; Vaughan, 97, 560; JBaudouine, 96, 536; •Emslie, 98, 116; *Lesser, lOO, 433. Acts of Bankeuptcx. — See Fraudulent transfers, p. 29. Preference, p. 30. Making an assignment for the benefit of creditors, with or without prefer- ences; *Gutwillig, 90, 475; same, by two partners with assent of the third; Grant, 106, 496; A fraudulent transfer by one partner to the other and by latter to a third person; Shapiro, 106, 495; Failure to discharge a recent execution and levy preceded by a dormant one; *Ferguson, 95, 429; Absconding with prop&rty; concealment; failure to discharge a state attachment, quere; Filer, 108, 209; Conveyance or payment as a preference when insolvent, Lange, 97, 197. Adjudication. — ^Proceedings on, stayed for enquiry as to the proper district; *Waxelbaum, 97,, 562; 98, 589; a joint adjudication made a partnership one by amendment nunc pro tunc; Meyers, 97, 757. ALiMONY.^Claima for, not barred by discharge; no stay thereon granted; Shepard, 97, 187; Anderson. 97, 321. Amendment, of petition, by inserting on trial other similar preferences as shown by the evidence; Lange, 97, 198; nunc pro tunc, making a joint petition a firm one; Meyers, 97, 757; other creditors allowed after four months to join and move upon a slumbering petition; "Stein, 105, 749; Mem. 26 BANKRUPTCY— .4 ct of 1898. Appeal. — ^No findings of fact required for; Meyers, 105, 353. Arrest, of bankrupt allowed on ne exeat writ when necessary, under §9 (b) for examination, and under general and special powers of the court ; Lipke, 98, 970; may stay or discharge arrest in the state court until the question of bankrupt's discharge de-termined, but may require a ne exeat iond to be given; *Lewensohn, 99, 73; cannot discharge a defendant already in custody under execution before petition filed; Claibourne, 109, 74. AssETS.^ — Property transferred to assignee for benefit of creditors, passes to the trustee; *Gutwillig, 90, 475, 481. Income of trust property for life, so far as not necessary for support, is assets recoverable by the trustee; in the bankruptcy court summarily, if no adverse interest exists; otherwise, by plenary suit in state court; JBaudouine, 96, 536. Moneys collected hy sheriff on execution not paid over are assets that may be ordered paid by the sheriflf directly to the trustee; *Keimey, 95, 427; but collections on execution paid over to the creditors, or other property transferred or obtained from the bankrupt before petition filed, and held adversely, are recoverable only by plenary suit in the state court; Cohn, 98, 75; Blair, 102, 987; A contingent remainder not vested, is not assets; Hoadley, 101, 233; Gardiner, 106, 670; a remainder vested, is assets, *Wood, 98, 972. Machinery put in by the tenant (bankrupt) is assets; chattel mortgage and fixtures; distinction; Welch, 108, 367. Husband's net interest in endowment policy kept alive by wife's paying the premiums, is assets, but subject to the wife^s equitable interest; Diack, 100, 770. Firm assets fraudulently transferred to one partner, should be still treated as firm property and marshalled between the joint and several creditors; Shapiro, 106, 495. Attachments. — ^Dissolved by §70 (f). 'See Liens, p. 29-30. Attoknby. Omission from schedules of an expected payment for future services in suits pending, taken on shares is not concealment; McAdam, 98, 409. Is not entitled to vote in choice of trustee merely as attorney ai law; special letter of attorney required; Blankfein, 97, 191. Books op Account. — See Corporation, p. 27. Failure to keep; Berkowitz, 4 Am. Bank R. 37; Gross, 5 Am. Bank R. 271; Cashman, 103, 67. Misleading mode of keeping, inferred to be fraudulent, in order to conceal losses by gambling; *Feldstein, 108, 794. Held concealed, on evidence of late possession; *Ablowitch, 99, 81; Gross, 5 Am. B. E. 271. Kam- sler, 97, 194; Disappearance of, on long prior execution is not conceal- ment in "contemplation of bankruptcy"; Stark, 96, 88; Phillips, 98, 844. Innocent partner not affected; Schultz, 109, 264. Of a fictitious corporation, ordered produced; *Horgan, 97, 319. But when taken from a, wife actually carrying on the business, ordered restored; Cohn, 98, 75. Commercial Puesuits. — Water Supply Co. is not; *Westohester, 98, 711; nor a, dormant Mining Co., Rollins, 102, 982; boarding stables are; Morton, 108, 791. Compromise. — A settlement with all known creditors outside of the bankrupt law, is subject to the rights of after-discovered creditors; Lockwood, BANKRUPTCY— 4c« 0/759*. 27 104, 794; May be offered at first meeting after bankrupt's examination is completed; special meeting not necessary; referee to appoint a day for hearing before the Judge, and to issue notices; Hilborn, 104, 866; Must be approved by Court or Judge; held inadequate; Heyman, 108, 207. CoNOEAXMENT. — See Acts of Bankruptcy, Books, Discharge, p. 27. Contempt. — Commitment for, in not paying over money as ordered when deft.'s possession or control of it is necessarily inferred; McCormiek, 97, 566; *Schlesinger, 97, 930; Greenberg, 106, 496. Denied, evidence insufficient; Mendelsohn. Mss. 1767. Corporation. — See Jurisdiction, p. 29. Adjudicated bankrupt on consent, by letters to creditors authorized by the Board of Trustees; Marine Co., 91, 630; See Rollins, 102, 98.5. Fictitious, being in bankrupts' interest, its hooks ordered produced; *Horgan, 97, 319. Proceeding for a dis- solution in State Court is not a transfer of property authorizing adjudica- tion; Harper, 100, 266. Costs. — ^Allowed, on dismissal of involuntary petition, not including counsel fees; Sec. 3 (e) Gighlione, 93, 186. Allowances to State receiver for recovery of assets, *Lesser, 100, 433; same for recovery of the Hackley claims through bankrupt's administrator; Devlin, 89, 970; to bankrupt's attorney, only for necessary services in the bankruptcy proceedings; allow- ances; Kroas, 96, 816; to petitioning creditors' atty. $75; deposit of $25 to be repaid from the estate; "Silverman, 97, 325 *M6m. ; none allowed to bankrupt's atty. for services occasioned by bankrupt's fraudu- lent conveyance; O'Connell, 9S, 83. To trustee against claimant, a docket fee, referee's fee and 10 cents per folio for stenographer; Todd, 109, 265. Not allowed to attorney for examining bankrupt, out of assets needed to pay preferred claims of laborers; Rosinsky, lOl, 229; against trustee as substituted defendant in suit in State court, paid out of estate; not damages in replevin, the trustee not having had possession; tNeely, lOS, 371. Discharge of Bankrupt. See Arrest, Books, Partnership. Burden is on cred- itors, to prove grounds of opposing; Hirseh, 97, 571; Philips, 98, 844. Not stayed on account of a stale suit pending elsewhere alleging fraud; Cornell, 97, 29. Granted on debts of a commission agent, or factor; not "fiduciary"; Basch, 97, 761; Granted on debt upon a judgment in action of crim. con.; its effect as to such debts to be determined in a suit pleading the discharge as a defense; Tinker, 99, 79 ; may be granted to either partner after a firm adjudication; but the notice must specify firm and individual debts; Meyers, 97, 757. Refused for fraudulent concealment of property, business, or books of account; but the actual concealment must be proved, or necessarily in- ferred from facts proved, or from bankrupt's own examination; Cornell, 97, 29; inferred, from sudden large shrinkage of assets not reasonably accounted for, but only by contradictory or incredible statements; burden of explanation being on the bankrupt; Meyers, 96, 40; Finkelstein, 101, 418; Mendelsohn. 101, 119; Cashman, 103, 67; Bard, 108, 28 BANKUIJ-PTCY— Act of 1898. 208; Gross, 5 Am. Bank. R. 211i; E. Marks, Mss. 1808; where the business is still carried on, or the property is held, evidently on a, secret trust for the bankrupt; Hoffman. X03, 979; "Wood, 98, 972; *Wilcox, 109, 628; in wife's name; Lowenstein, 106, 51; fictitious mortgage to sister; Heyman, 104, 677; concealment from a State receiver before bankruptcy, is continuous and hars discharge; fLesser, 108, 205 [re- versed because bankrupt was held not to have had the alleged property] ; books secreted, inferred from recent possession; *Ablowitch, 99, 81; Kamsler, 97, 194; Gross, 5 Am. B. R. 271. mot refused to wife because books disappeared in 1891 on Sheriffs' levy; no fraudulent concealment; Stark, 96, 88; same. Philips, 98, 844; nor where bankrupt's husband, her agent in charge of the books, concealed his own frauds on her; had no books been kept, quere; Meyers 105, 353; jtoi refused to innocent co-partner; Schulz, 109, 264; not refused, now, on account of refusal of discharge under Act of 1867; that proceeding never being closed; *Herman, 102, 753. Refused, for failure to keep books; Cashman, 103, 67; Berkowitz, 4 Am. B. R. 37; for misleading mode of keeping books, in order to conceal gambling losses; "Feldstein, 108, 794. Refused, for false oath to schedules, in not stating property; See Hoff- man & Wilcox cases, supra; and in not disclosing a, vested remainder under a will; *Wood, 98, 972; but such concealment is not proved by showing omission of a leasehold of no net value; Hirsch, 9T, 567; nor of wife's furniture, or business, not appearing to be bankrupt's property; Preund, 98, 81; nor of contracts by attorney for future services and payment on shares in pending lawsuits; McAdam, 98, 409; nor for raising possible doubt as to the validity of wife's claim to property stand- ing in her name; De Leeuw, 98, 408; otherwise, where wife's claim to the business is an evident fiction; Lowenstein, 106, 51. Discharge vacated on petition, where former opposition was bought off; co-operating attorneys should have been notified of the withdrawal; reference ordered; Dietz, 97, 562; so where property was concealed; Meyers, 100, 775. Evidence. — On specifications, prior Exam, of bankrupt admissible; Mellen, 93, 326; Bard, 108, 208; Cooke. 109, 631; *Wilcox, 109, 628 [sub- sequently modified as respects the prior testimony of 3d persons, which ia now excluded; Wilcox, 109, 631]; As to resideilce, see "Residence," p. 30. Examination. — Of Bankrupt to aid creditor in framing specifications opposing dis- charge, to be allowed once on return day, on notice to all creditors; Price, 91, 635; and again afterwards to prove the specifications; Mellen, 97, 326; of bankrupt, of his wife, and of other witnesses, large latitude allowed in discovering frauds; Foerst, 03, 190; Cooke, 109, 628. As to witness's privilege, see Witness, p. 32. Execution. — Stay of, see Stay, p. 31. Sherift''s collections on, within 4 months, still in his hands, ordered paid to Trustee; stay till then; *Kenney. 95, 427; 97, 554; Dormant, by attorney's acts and directions; failure to BATfiKUVVTCY— Act of 1898. 29 discharge a later execution is an act of Bankruptcy; *Ferguson, 95, 429; cannot be levied on assets of trustee; JNeely, 108, 371; Sale on; time for redemption of real estate expired, not enlarged by banlcruptcy in trustee's favor; Goldman, 102, 122. Expunging Claim. — On a judgment already barred by St. of Lim. in the state where recovered; Lipman, 04, 353. Frauds; Fraudulent Transfers. — See Statute of Lim., p. 31. These are acts of bankruptcy and may be set aside by Trustee, as by a creditor; *Gutwillig, OO, 475; Lehman, OO, 452. See Jurisdiction, p. 29. Fraud by agent or partner in firm business or employment, afifccts the principal and all the partners ; acts outside of that, not so ; embezzlement ; Schultz, 109, 264; Speculating, Meyers, 105, 353. Wliether §23 (b) forbids Trustees' suits to vacate frauds in the District Court, quere; *Gutwillig, OO, 481; but frauds or preferences cannot be set aside by summary proceedings in bankruptcy against a person in adverse pos- session claiming title j such as money collected on execution and paid over; Blair, 103, 987; for such property, plenary suit necessary; Sheinbaum, 107, 247; where wife was in possession of business, the books taken from her were ordered restored; Cohn, 9S, 75. Habeas Corpus. — No discharge from imprisonment on execution issued before petition filed; Claiborne, 109, 74. Insolvency. — Admission of, by letters of officers of corporations authorized by Board; Marine, 91; 630; Rollins, 102. 985; letters are prima facie sufficient; bakery, boarding receipts; payment of rent when a preference; Lange, 97, 197. Jurisdiction. — When in several different districts, petition may be set aside, or stayed, on motion; Waxelbaum, 97, 562; 98,589; Not lost, hy Aelaj in issuing or serving process under order of the Court; *Lewis, 91, 632; nor by 4 mos. delay, when deft, is not found; other creditors allowed to join by supplementary petition; *Stein, 105, 749 (mem.); absconding debtor does not change his residence or affect the jurisdiction; Filer, 108, 209. None of a Water Supply Co.. not principally trading or commercial; * Westchester, 98, 711; nor of a dormant Mining Co., lands all leased; Rollins Co., 102, 982; but has jurisdiction of a Boarding Stable Co.; Morton, lOS, 791; to set aside frauds, quere, Lehman, 99, 542. Continues over insolvent partnership in liquidation which is over 3 mos. in the district so long as there are firm debts unpaid; Hirsch, 97. 571; or either partner is in the district; Blair, 99, 76. See Summary Proceedings, p. 31, Frauds, p. 29. Liens. — Of a judgment over 4 mos. old, upon real estate fraudulently conveyed, not affected; *Lesser, 100, 433; same of an old execution, if not dormant; *Ferguson, 05, 429; Workmen have lien on garments made up in lots, for whole bill, on any remaining in their possession; delivery for inspec- tion preparatory to payment is no waiver; Lewessohn, lOO, 770; attach- ments where enforced only through execution are dissolved by § 70 (f). 30 BANKRUPTCY— ^cj of 1898. unless judgment is recovered 4 mos. before bankruptcy; Lesser, 108, 201. Equitable lien, of wife in husband's endowment policy, for premiums paid by her, and how computed; Diack, lOO, 770; by creditor's bill to reach equitable assets is only inchoate before decree; and if no receiver is appointed, it is ineffectual under §70 (f), unless decree is obtained over 4 mos. before bankruptcy; §70 applies in voluntary cases also; *Lesser, lOO, 433; Vaughan. 97, 560. Mechanics' Lien. — ^llnder N. Y. law is a. " legal proceeding " and annulled by §70 (f) if within 4 mos.; Lien notice insufficient in particulars stated; Emslie, *98, 716; t97, 929. Ne Exeat Bond may be issued to prevent flight of bankrupt; or as a condition of release from a state order of arrest; operative till decision on discharge; Lipke, OS, 970; *Lewensohn. 99, 73. Obstkuctive Suit in Circuit Court disregarded; *Kenney, 97, 554; 95, 427. Paktnbeship. — See Jurisdiction, p. 29. Petition for adjudication of firm must show that all the partners are insolvent jointly and severally, as each is liable for all the firm debts, Blair, 99, 76 ; if there are firm assets, actual or presumptive, the proceeding must be joint, and a firm trustee appointed ; otherwise, no individual discharge; Meyers, 96, 408; Firm assets fraud- ulently transferred, after one partner had assigned to the other, marshaled as between the joint and several creditors; Shapiro, 106, 495; Juris- diction exists so long as fi/rm debts are unpaid; Hirsch, 97, 571; Assignment by tioo with consent of the third partner is valid, and con- stitutes an act of Bankruptcy; Grant, 106, 496. The proceeding is not invalid for not joining a. person liable as partner to creditors only, but not a partner inter sese, *ICenney, 97, 554. Peefeeence. — Payment of back rent is not, when necessary to realize on a lease, as an asset; Pearson, 95, 425; Payment is not recoverable back when creditor had no knowledge of insolvency; Blair, 102, 987; Payment in regular course of business to one having no knowledge of insolvency, is not a preference; Smoke, 104, 289 [overruled, 183 U. S.] ; Intent to pre- fer inferred from a transfer to a relative on an old debt, within 4 mos.; Grant, 106, 496. PuoCESS. — See Jurisdiction, p. 29. Pboof of Debts. — ^Debts may be proved for dividend, and .still be prosecuted for the fraud in contracting them; *Lewensohn, 99, 73; On lease may prove rent due up to adjudication only; Arnstein, 101, 706; Amendment allowed to state security held; Wilder, 101, 104. Receivee; in bankruptcy should apply to state Court as intervenor, as required; Price, 92, 987. Residence. — Former presumed till a legal change is proved; poll-tax, family residence; Waxelbaum, 97, 56. Sale of Assets. — By trustee or receiver when set aside for insufficiency, bond required; Findley, 104, 675; Sale of goods by creditor rescinded, when inducement was partly false representation ; Gany, lOfJ, 930. Schedules. — Goncealnient, false oath; see Discluirge, p. 27. State Couet. — Its prior receiver's possession of assets is not to be disturbed by summary order; trustee must apply to that Court; Price, 02, 987. BANKRUPTCY— ^c< of 1898. 31 Statute of Limitations. — A judgment barred by, expunged; Lipman, 94, 353; as against a fund colleeted by the administrator of the hankrupt, held that it begins to run from the time of collection; Devlin, 89, 970; as against frauds, 2 years; old law; Little, 7G, 563; on a fraudulent transfer does not iegin to run until creditor, by recovery of judgment and execution, is in a situation to begin an equity suit; Lehman, 99, 542. Stay Orders. — After adjudication, necessary to prevent preferences, or waste of the estate; or to protect the bankrupt, as authorized, from further useless litigation "n suits in the State Courts; or in " supplementary proceedings " to secure assets belonging to the trustee; Kletchka, 93, 901; Basch, 97, 761; or against an attachment void by the baulcrupt law; Lesser, 108, 201; or a suit on a void mechanics lien to reach assets; Emslie, *9S, 716; 97, 929; or from suit upon an unliquidated claim voluntarily with- held from being proved; Hilton, 104, 981; against sheriff and others to stop sale on execution and distribution of moneys; or the seizure and delivery of property in replevin, and to give time for election of a trustee, or the appointment of Receiver who can intervene to protect the right of creditors to the assets; *Gutwillig, 90, 481, 475; *Kenney, 95, 427; 97, 554; Vaughan, 97, 560; Lesser, *99, 913 (mem.) ; Goldman, 103, 122; So also against the distribution in a pending suit of a fund repre- senting a fraudulent transfer which should go to the trustee; *E,iker, 107, 96; Same on Voluntary petitions; Vaughan, 97, 560. A'ot granted against collection of alimony; such claims not being barred by the bankrupt's discharge; Shepard, 97, 187; Anderson, 97, 321 ; granted, against suits brought on old debts after as well as before adjudication; Basch, 97, 761. Stay vacated on suits against bankrupt after the question of dis- charge has been determined; Rosenthal, 108, 368. Stenographer; notes on objections to discharge are at creditor's cost for his direct ex.; Price, 91, 635; prior notes of bankrupt's testimony are admitted when verified, Mellen, 97, 326; Bard, 108, 208; *Wilcox, 109, 628; See "Evidence," p. 28. Summary. — Proceedings in Bankruptcy may be by motion on notice to require transfer of assets held by an assignee for creditors on a void assignment; *Gutwillig, 90, 475; or when held by Sheriff under an execution avoided by the act; *Kenney, 95, 427; 97, 554; or by any person not claiming an adverse interest with possession; Surplus income; JBaudouine, 96, 536; but plenary suit is necessary, if title dates prior to bankruptcy, is not void on its face, and deft, is in adverse possession; such as wife's business; Cohn, 98, 75; or Moneys collected on execution and paid over before the bankruptcy; Blair, 102, 987; or other property, so held; Sheinbaum, 107, 247. Transfer of case to another District. See Jurisdiction, p. 29. Trust; income under will. See Assets, p. 26. Secret trust for bankruptcy; See Discharge, p. 27. Trustee Choice of. — If person elected is disapproved, or declines, a new election on notice is necessary; bankrupt's allegations of bias against him are not 32 BANKRUPTCY— -4c« 0/^595. sufScient to disqualify; Lewensohn, 98, 570; Referee may appoint, if creditors are dilatory, and their delay is merely for manoxwenng, Kuffler, 97, 187; Keferee may disapprove selection when creditors' proxy is closely associated with bankrupt, in order to avoid collusion with him; Rekers- dress, 108, 206. Votes for by a proxy may be rejected, where the proxy is charged with collusion with the bankrupt, evidence is given, and proxy and his clerk refuse to testify when called as witnesses, though ordered to testify by the referee; new powers to same proxy make no change; fHenchel, 109, 861; All claims proved and before the Referee at the election are "present," and should be counted; fHenehel, 109, 861. Atty. at law, as such has not right to vote; a power necessary; Blanlrfein, 97, 191; power must be duly acknowledged and certificate show the venue; tHenschel, 109, 861. When a preference has been set aside, the creditor's claim is to be counted among the debts; Tirre, 95, 425. Wipe's Business, or property; Freund, 98, 81; De Leeuw, 98, 408; wife not debarred from discharge by reason of irregular books kept by her husband as her agent to conceal Ms frauds on her; Meyers, 105, 353; See Schultz, 109, 264. Will. — Trust property under; See Assets, p. 26. Witness is privileged as to testifying concerning his gambling debts; criminal offense; Feldstein, 103, 269. BARRATRY.— Thievish Seamen (?) Manitoba, 104, 145. BILL OP LADING. See Carriers, Charter-party, Foreign Law. On B/L to order, the goods, if B/L is wrongly withheld, may be rightly de- livered without the B/L to the true owner who has paid shipper for them; pre- vious application of payments cannot be changed by shipper; *Herbst, 97, 343. Signed by charterers, " for the captain," with his assent, binds the ship; Sprott, 70, 327. Taken by charterers for their own goods, are subject to the charter terms and bind the endorsees; *Sandfield, 79, 371. Controls Custom. — Chalk, "fast as can deliver"; tCrlenfinlas, 42, 232. Con- trolled by charter, *Crenshaw, 37, 432 ; Saugerties, 44, 628 ; contra, as to bona fide endorsee; JPietro, 39, 366. Controlled by charter, Chad- wicke, 39, 521. Construction and Effect. — See Demurrage, Charter-party, Lay-days. Imports the liability of a common car., save exceptions; tea, oil damage; *Mas- eotte, 48, 119; plumbago, do, shipment by charterer, ship liable to bona fide assignee, Braker, 48, 696 ; clause " to deposit on lighters " don't mean on those of third persons without authority; ship liable for cap- sizing sulphur, *Iniziativa, 50, 229 i recital of receipt on dock only, with option as to the ship, is not B/L proper; liable only for cotton put aboard, C. Miller, 53, 136 ; stamping " insured," &c., is only an agree- ment to procure insurance, no jurisdiction, Marquardt, 53, 603; endorsed conditions not referred to in passenger ticket, invalid; l[Majestie, 56, 244; adopt the practical construction of the parties; delay in finding berth. BILL OF hAmNQ. — Construction. 33 demurrage, Paving Co., 56, 525; " libei-ty to tow, etc.," don't authorize known sacrifice of ship's perishable cargo to earn salvage, without com- pensation; l^nowledge necessary to liability, "chilled beef," Wells, 57, 317; salvage, "half the value" means % of net value deducting liens. Alert, 50, 721. " Not accountable for damage." Held previous damage, not ship's damage. Iron in central bin scattered. Bin defective. Ship liable for rust and damage. Not for seawater through seams. Damage to be separated. Tommy, IG, 601. "Ready to discharge"; Stevedore named, JBoskenna Bay, 22, 062; Con- necting lines, " following steamer," and transshipment, construed by business usage, *Marx v. S. S. Co., 22, 680 ; " Invoice value,'' partial injury, Pearee v. Quebec Co., 24, 285; Fire on wharf; General orders; "Ready to discharge," without risk of Are, loss, or injury, *The Egypt, 25, 320; Same, City of Lincoln, 25, 835; Exception, "valuable goods" to be paid for accordingly; Value con- cealed; Musk; Box rifled; Not liable; The Denmark, 27, 141. Words " freigh t as per charter party," don't include charter demurrage or require consignee to pay it; *Burrill, 65, 104. " Ldberty to call," don't excuse taking insufficient coal for the voyage; *Hurlbut, 76, 587. Consignment of iron for delivery to ship " alongside," means delivery direct on board ship, not on dockj- Vincent, 108, 428. " To be transhipped and forwarded," binds carrier till goods are delivered to forwarding vessel; rice capsized; all liable. Smith, 1X0, 680. Deliveet ; See Charter-party, Carriers. Delivery to Collector is a " right delivery," McKay, 37, 229; B/L issued by mistake, not liable; "and or" goods not on board; *Crenshaw, 37, 432. On Captain's copy, delivery not re- quired; Saugerties, 44, 629. Freight to be paid or secMred before ; Hender- son, 38, 36. Recital of number of bales shipped, no estoppel ; may show mis- take or fraud in the tally, as against endorsee of B/L, Asphodel, 53, 835. Should be direct and timely ;' goodfi misplaced,overcarried tCalderon,64, 874; " at Baranquilla," means the customary port of Puerto Columbo, not the unsafe river port; Zambrana, 70, 320. 25 missing bags of sugar; loss by sea perils; custom house weights most credible after 15 months stor- age; Linklater, 88, 526. Poor bags; linseed spilled; ship not liable; exceptions of B/L; Payne, 74, 563. Description. — False; stearine called tallow; rain damage not recoverable; Mississippi, 7G, 375. Exceptions. — See Charter-party, Carriers. Validity ; Law of Flag ; discharging fruit ; JBoskenna Bay, 36, 697; of neg. collision don't absolve same owners of other vesselj Britannic^ 39, 395. " Weight unknown," and " as per charter party," bind endorsee of draft; McKay, 37, 229; must prove weight; JPietro, 38, 148; "More or less," excuses shortage of piles; Dixie, 46, 403. Do not excuse neglect of prior precautions against rat damage; fTimor, 46, 859. Exceptions don't excuse negligence, or unseaworthiness; *Rover, 33, 515; "Heat" covers the "cooking" of nuts, if no negligence; Portuense, 35, 670; "■Leakage" don't cover holes driven by thieves, if ship negligent; Giglio, 31. 432; nor the effects of loose dunnage, glycerine, *Marx, 34, 906; Weight un- 34 BILL OP LADlTiQ.— Exceptions. knoicn stamped, repels presumption of B/L.; other proof then necessary, *Mat- thiossen, 20. 794: Neumaik, 33,, 891; Abbott, 33, 895, Holder, liable for demurrage by vendee's delay; Nielsen, 30, 138; for freight on trans-shipment; prior damage, excess recoverable; Sumner, 30, 264; Liberty to call and to tow, means along the usual route; Thebaud, 35, 620. Warranty to deliver on fixed day not provable by parol; Petrie, 35, 310. Exceptions of negligence, invalid, UMajestic, 56, 244; same, on adopting "law of England," invalid, *Energia, 56, 124; *Guildhall, 58, 796; *Hugo, 57, 403; Brantford City, 39, 373; sea peril, hole caused by accidental log on shoal in slip; Ins. Co., 56, 301; don't cover owner's fault in appointing drunken master, leading to collision and cargo-damage; *Guildhall, 58, 796; of vermin, don't cover omission of reasonable precaution against rats before sailing; Italia, 59, 617; of negligence, valid by French law, which governs damage to brandy in Havre, or in land transit; Cornp. Gen. Trans., 59, 789; as to inaccuracy of marks of cargo, requires proof of marks shipped; *Enchantres3, 58, 910; "weight unknown " ; indirect proof of weight ; beans, sweepings to within i/4 of 0°^ per cent.; tTimor, 61, 633; JEuripides, 63, 140. See Carriers, p. 38. Neither exception of negligence, nor stipulation for "British law " or the " law of the flag " is available here as a defense for negligent damage here or on the high seas; contrary to public policy and to the Harter Act; *Eatona, 64, 880; *Knott, 76, 582. Exception of "breakage," boxes of firecrackers; ship not liable on proof of good stowage; Lennox, 90, 308. " Breakage " don't excuse loss from 'bad load- ing or bad stowage of glycerine, or shifting; tFrey, 92, 667. "Deterioration" of fruits, decay in garlic; bad ventilation not proved; held uticured when shipped; *Hindoustan. 67, 794. "Not responsible for condition of bags": linseed, bags poor, no fault in the ship, — good defense for spilling j no custom to re-condition bags; Payne, 74, 563. "Sweating"; to hold ship, negligence must be proved; Flintshire, 69, 471. " Perils of the Seas " includes damage from sea water coming through a hole caused by explosion of detonators; tBooth, 64, 878. " Weight unlcnown"; empty boxes: estimate of sugar damages, polariscope tests; JEuripides, 63, 140. Exceptions don't excuse negligent stowage nor over-carriage of goods, nor does Harter A,ortgagee for his damages and for use of his insurers; Grand Republic, 10, 398. Lies for death claims in personam; State Legislation recognized in ad- miralty; *McCullough, 55, 98; Stern, 110, 996. Anchor. — See Burden of Proof, p. 48. Duty to, on itAnd failing in strong tide; tJansen, 44, 773. In Kills; Rice, 40, 690; Media, 45, 79; do. in dense fog in North River; JRaleigh, 41, 527; To lash inboa/rd for quick cut- ting; Gevalia, 39, 47. Negligence to anchor and lie in shallow water; storm; Snow, 39, 334. Need not be buoyed; displacement of not proved; swinging with tide; close shaving; Baxter, 65, 250; of scow tied up; neglect to examine anchor after winter ice; entangled; going adrift; Hastorf, 64, 869. Necessary to be carried on scows in Hudson River; snow storm, getting adrift; failure of tug to go to rescue; Brown ■;;. Cornell, llO, 780. Must be sufficient for the ship; Rutter, 35, 365. While raising, vessel not bound to avoid another; *Aller, 59, 491; fishing schr. on Grand Banks ; fog bell not heard by steamer at 11 knots' speed ; Fulda, 53, 400; Russian man-of-war; boom projecting 60 ft., without light, no fault; Dimitri, 60, 111; both amchors to be used in ice or storm; Annerly, 58, 794; lighter pounds in casting off; swells; Rusted, 56, 1022. Anchorage Ground. — Schooner luffs toward; overtaking steamer negligent; Keller, 50, 142; running on in fog, at steamo-'s risk; Boston Harbor, 1,200 feet out of course; *Buffalo, 50, 630; do. in New York Bay; *Aller, 59, 491; in N. Riv. outside of prescribed limits; *Heipershausen, 56, 619; if unsafe, yacht liable; Sharpee She., 60, 928; derrick anchored over wreck by permission, has not the full immunities of; De- pew, 59, 791. A steamer has a right to go to the most suitable anchor- age grounds; on conflict held anchored in channelway (below Ft. Lafay- ette) ; thick fog; vessel's own risk; *Ailsa, 76, 868; wrecking opera- tions upon, application within 24 hours; Department permit sufficient; Monarch, 89, 875; See Dimitri, 60, 111; dredge's low white light mis- leading to tug and tow overtaking; ads. Bergen, 108, 557. At vessel's risk, to run upon unnecessarily; Middletown, 44, 941; JDrew, 35, 789. Anchoring. — Light required. James River — Steamer's track; anchorage ground; *Isaac Bell, 9, 842. Bell not necessary in short snow squalls. COhhlSlO^.— Anchoring. 47 *Roekaway, 19, 449. In slip, buoy necessary— old rule; Alabama, 18, 831. In dangerous places, both liable; Lucy J)., 31, 142. Improper anchoring does not excuse tug's going on; *Delaware, 13, 571. In improper place; notice to move; Westernland, 34, 703; Light and watch; *Er. Corning, 35, 572; Foul berth; fouling; drifting; Mary Fraser, 36, 872. Oflf anchorage ground at Quarantine in a clear night, immaterial when causing no embarrassment; Municipal, 108, 895; but material when vessel partly obscured by smoke of copper works; *Leary, llO, 685; required to be on anchorage ground in East River in dense fog; material; no lookout forward; tSkidmore, 108, 972; yacht moored in Shrewsbury River; narrow channel; whether dock lawful or not, immaterial; negligence; *Elberon, TO, 720. Anchor Light. — See Anchoring. At wharf; Rutter, 35, 365; in stream, Caldwell's; JDrew, 35, 789. Additional low stern light misleading; Bergen, 10.S, 557; anchor watch, lack of immaterial; yacht in hurri- cane; drifting at Bay Ridge; Comet, 103, 702; lack of light material off anchorage ground at Quarantine, in the copper works smoke; *Leary, no, 685. Necessary in a fair iray; Westfield, 38, 366. Anchob Watch. — Required mid a fleet of vessels in a fairway; Wells, 39, 216. In North River, when unnecessary; McCaldin, 35, 330. A^-gle op. — Proves small luff; Grace S., 63, 163. See JChampagne, 43, 407. Admit ted, proves schooner changed course; *Stickney, 50, 624; Brinton, 59, 714; often valuable evidence; proved by the blow; *City of St. Augustine, 53, 237; tHa%-ilah, 33, 875; Roanoke, 45, 905. Ai'PoiiTiojTMENT. — Under carrier's act of '93 {Uarter Act), liability of either vessel is not increased; deduct from the other's cor^o-claims, if necessary; Viola, 59,, 632; 60, 296; two vessels entangled collide with a third; the last pays half; Annerly, 58, 794. Of damages under Barter Act; in cases of mutual fault, cargo loses what the carrier gains; captain's and seamen's effects; *Niagara, 77, 329; not applicable to death-claims; all share pro rata in Urn. liability fund; Catskill, 95, 700; among three vessels; Harold, 84, 698; Lyndhurst, 93, 681; Thomson, 13, 189. Backing. — See Reversing, Computations. Across 'North river; delay in going ahead, misleading; *Servia, 30, 502; In slip, no lookout; Grape- shot, 38, 156; at Pier A; *Quaker City, 38, 153; Fault to back be- tween two moving tows at Horn's Hook; 'Transfer No. 9, 107, 533; Mss. 1713; Same N. river ferry boat backing after passing one tow in order to avoid danger ahead; *Paunpeck, 86, 924, mem. Batteet. — See Hugging shore, p. 59. In rounding, vessel must keep relative situation or signal in time. Delay. Beaman, 18, 334. Hugging shore; tE. A. Packer, 30, 327; 'Maryland, 1 9, 551 ; Uncle Abe, 18, 270. See *Sam Rotan, 30, 333. Becalmed, in tide, and drifting (round West Point), should use oars. Wash- burn, 19, 788. Beauikg. ^Mistake, must observe from line of stern or from both sides of ship; JGypsum P., 57, 859; Dorian, 68, 1018. Beating. — Drifting in stays 400 feet against a tow at a wharf; Bogart, 50, 48 COLLISION Beating. 140; duty to tack instead of crossing a hawser without signal; 700 ft. is sufficient space; Taylor, 52, 323. To finish tack; Idlewild. 30, 115; not against eddy; Johnson, 40, 601 ; *C. F. Young, 45, 505. Windward ioat to tack when leeward tacks j obstruction by a tow; Com. Jones 25, 506 ; Duty to crossing tug; *Isle of Pines, 24, 498. Bend in Stkbam. — At Esopus Point, North River; bad lookout; *Drew, 41, 445; Corlear's Hook keep mid-river; starboard rule don't apply; *Ex- press, 44, 392. At Corlear's Hook, to keep in mid-river; JDoris Eckhoff, 32, 555; Jn. H. Dillon, 30, 285; at Battery; *Britannia, 34, 546; Lights don't show course, Dillon, SO, 285; Throg's Neck; North Star, 29, 151; Anthony's Nose, *Ice King, 52, 894. See Corlear's Hook. Dangerous to come down at speed ob- scured by Bom's Book; signal required by prudence and by usage from ascend- ing boat, though the latter is not intending to round the Hook; JNo. 8 and Waterman, 82, 478; Vessels overtaking and passing at a bend must observe strictly Art. IS as to signals; Gedney's Channel; dd. Mesaba, HI, 215. Bond oe Stipulation. — See Practice, p. 118-119. Breaking Adrift. — See Accident, Piers, Drafting, Mooring, Salvage, Sagging. Wallaiout Canal; other fleet adrift; Nora, 46, 869. Adrift from collision; but damage partly arising from lack of necessary spare lines on board, dd. tFloat, 4, SO, 877; by tow tied up at rendezvous in Haverstraw Bay; neglect of tug to go to the rescue in a snowstorm; barges should have ancliors; Brown, HO, 780. Sec " Adrift," p. 21, 53. BiiiDGE. — Draw to be opened on signal; or notice given; *Pa. R. R., 59, 190; wrong side of draw; Greenville, 58, 805. Brooklyn Bridge. At high tide don't admit passing under with mast 134 ft. high. Mast broken; *MeMillan, 107, 149; Lights blinding; must slow in approaching; Demarest, 25, 921 ; A Draw must be rightly handled; city liable; going aslant; Egerton, 27, 230. At Middletown, not an obstruction; Gilder- sleeve, 82, 763. BuEDEN OF Peoof ou libellant; Chester, 18, 603; Hall, 14, 418; fSaundera, 10, 118. Wiman, 20, 245. Webster, IS, 724. To prove reduced speed. State of Alabama, 17, 847. Vessel must justify departure from rule. Alaska, 22, 548. For not backing; sustained, or not. See Fault, p. 54. Not changed by whistles; Columbia, 20, 716; Susquehanna, 33. 320. To excuse not backing; sustained; JGalileo, 24, 386; Contra, 28, 469; Aurania, 20, 98; Canal, wrong side; Ashf., 44, 703; to show damage; Pierce, 40, 767. Change of Couese. — See Course, Keeping Course, Signals. Channel Wat. — Ignorance of, causes collision; Ceres, 53, 665; on rocks out of channel, at low tide; Morris, 50, 616. Unnecessarily anchoring in, at vessel's risk, when it misleads or causes embarrassment in thick weather; below Ft. Lafayette in fog; *Ailsa, 76, 868; material, in East river; JSkidmore, 108, 972; at Quarantine when partly obscured by Copper- works smoke; *Leary, 110, 685; immaterial if causing no emba/rrassment in a clear night; Municipal, 108, 895. Close Shavino.^ — See Fault, Bugging Shore, Miscalculation. In crossing bows COLLISION.— Ofose-stoiTOff. 49 at Horn's Hook; Volunteer &, Syr., 4U, 477; ir. going between other boats; Dorothy, 5}), 636; Pratt, «0, 1022; to allow for leenay and sagging; *St. Augustine, 52, 237; Vandal, 5!», 796; Grace S., G3, 163; tKillien, OS, 172; 2 Sail Ves.; JGyp. Pr., 57. 859; New. Creek; Thompson, 12, 189; by sail vessels in passing; sagging; Grace Sey, 03, 163; in overtaking; tKillien, 03, 172; Magenta, !)3, 254; causing suction, Mcsaba, 111, 215; at Hell Gate, Hallet's Point; Sam Sloan, 05, 125; near scow at anchor, swinging with tide; Baxter, 05, 250; Unexpected stop of ferry boat 300 feet from her slip; dd. Garrison, 05, 253; steam and sail, opposite courses, contradiction as to lights, neither stoiy credihle, inattention, bad lookout; Dorian, 08, 1018; near Horn's Hook; *Titan, 70, 177; *rass. 1297; by tug in Newtown Creek near vessel moored, not hacking; pushed over into collision; fMascot, 60, 74; in L. I. Sound, delay in porting and reversing; *Paoli, 92, 940; in North River by steamer overtaking a tug and tow, converging one point; Magenta, 93, 254; small boat doing repairs in the mined channel at Sandy Hook, upset; death; *Middleton, 110,, 1001; same; laches; d. Stern, llO, 996; with a moored yacht in Shrewsbury River; *Elberon, 70, 720. See Margin, p. 64. Compromises. — Attempts at, always without prejudice. Vandal, 59,. 796. COMPUTATIOKS. — As to Stopping distance, *Normandie, 43, 151; Roanoke, 45, 908; tLaChampagne, 47, 124; Fulda, 52, 400; *Saale, 59, 716. As to speed, backing, distance traversed, rate at collision; *Alene, 74, 268; *Patria. 92, 411; *Mary Powell. 92, 408; Mesaba, 111, 215; British Queen, 89, 1003; *West Bkn., 106, 751. See Tide, p. 78. Conflicting evidence. Improbable navigation discredited; *City of N. Y., 15, 624; or luff; Wiman, 20, 249; *Sam Rotan. 20, 333. As to weather; F. P. Hall, 14, 408. Credit vessel with lookout; *Excelsior, 12, 195. As to light; State of Alabama, 17, 847. Distance, room to turn in. Webster, IS, 724. As to lights and bearing; consistency; *Alhambra, 25, 846; Same: Contemporaneous acts persuasive; *Am- boy, 22, 555; City of Atlanta, 20, 456; City of Merida, 24, 229; One-sided story must be credible; bias; *Columbia, 27, 704. Coeleab's Hook. — 400 ft. off; s7ieer in flood tide; no sijfmai or lookout; material, tClara & Rel., 49, 765; See Express, 55, 340; JKillien, 03, 172. Rounding, sheer, going too close in overtaking and passing; JKillien, 63, 172. Costs. — See page 84. COUKSE. — Ghamge of to follow wind; fault; J. Augiiste, 21, 134; do. within 2 miles; Vim, 12, 906; to get into Battery eddy; fE. A. Packer, 30, 327 ; Vesper, 9, 569. Sudden change ; torchlight; material ; *Excel- sior 12, 195; In extremis; not a fault; State of Alabama, 17,, 847. When not in extremis; tCity of N. Y., 15, 624. Mistake by other vessel; *Amboy, 22, 555; Going to the left; City of Chester, 24, 91 ; Sail vessel; when not to keep course; eddy; Haight ■». Bird, 26. 539; sail vessel to give icay to avoid collision; JNaeoochee, 22, 855; *Isle of Pines, 34, 408. See Sail Vessel; Aurania, 29, 98. 50 COLLISION Course. Converging, high speed; Aurania, 29, 123; Ferryboat's course in swingmg on rownding into slip; *Darey, 20, 644; To stop is not, "keeping"; HBritan., .'M, 546; Changing; Rose, 28, 104; >f. Star, 29, 151; When hound ta change; JAmeriea, 33, 845; JDoris Eckholf, 32, 555; Columbia, 29, 716; Susquehanna, 35, 320. Change of, xcrong ; *Allianea, 39, 476; *Gulf St., 43, 895; across tug's bow by schooner, Ives, 44, 445; by brig 7 points, proved by angle of collision; Koanoke, 45, 905; Kept rightly; *Normandie, 43, 151; *West Brooklyn, 45, 60; Dorian, 68,, 1018. Change of, across bow; at Hell Gate, Trans No. 5, 49, 398; at Battery; *Garfield, 50, 620; elsewhere; Van Houghton, 50, 590; by sail vessel, in L. I. Sound; *Stickney, 50, 624; by schr., 10 knots, near Ellis Is., slow tug; Rose C, 52, 328; in extremis, previous fault; *Day- light; 55, 113; five points; *Saale, 59, 716; necessary, if no broadening off; JGypsum P., 57, 859; in Arthur Kills; Brinton, 59, 714; in preparing to anchor; Pratt, 60, 1022; going on wrong side of Cut Channel; *Energia, 56, 124; Leeway, explains apparent change; *City St. Augustine, 52, 237. Ceossing Bows. — See Course; Left, going to; Luffing; Signals delayed. At steamer's risk; Alaska, 22, 548; Pavonia, 23, 204; Pennland, 23, 551; Nereus, 23, 448; In beating; *Isle of Pines, 24, 498; *Demarest, 25,921; »Columbia, 27, 704. At Battery, Beaman, 18, 334; tPacker, 20, 327; by ferry-boat, not privileged; Geo. Washington, Mss. 510; 2 Mar. R., 470. By non-privileged vessel, at steamer's risk; JAmerica, 32, 845; City of Albany, 34, 812; *Fanwood, 28, 373; *Darcy, 29, 644; *Senff, 32, 237; Previous courses safe; Farragut, 35, 617; Crossing to the left, no assent; ^Baltimore, 34, 660; by sailing vessel. North Star, 29, 151; By pilot boat on supposed luff; Cambusdoon, 30, 704; By non-privileged vessel at her own risk, North River; Talisman, 36, GOO; Stranger, 44, 815; to port, to get into slach water; Cement R., 38, 764; do., *Rockaway, 38, 856; do., at sea, close shaving. Beta, 40, 899; By sudden sheer, *Express, 44, 392; By priv- ileged vessel; leeway, Roanoke, 45, 905; Ives, 44, 445; JLa Champagne, 47, 122. Bight to make landing on signal; wrong to persist without assent, at Castle Gar.; Stone, 49, 475; by non-privileged vessel, n. Astoria shore without assent; mistake; Trans. No. 5, 49, 398; do., on contrary signals; ^Orange, 64, 141; do., and no signals, misunderstanding; *McCulIough, 55, 98; Horn's Hook, 150 ft. off; close shaming; miscalculation of speed; delay in starboarding; Syracuse, 49, 477; when too near, liable though signals assent; *Garfield, 50, 620; inattention to whistles, delay in baching; Baltimore, 56, 127; do., E. R. ; tug goes to left ahead of ferryboat; liable; *Dakota, 60, 1020; Brooklyn, 62, 759; after being agreed on, fault to slow and stop; *Nut- meg State, 62, 847. Luffing just after; Elmira, Mss., 1355. By ferryboat and steamer at Battery, two whistles, no assent; contrary signals, late reversing, going to left; dd. Saratoga, 77, 224; by burdened vessel with two whistles unanswered (dissent) ; at vessel's own risk. *Floreuee & El D.. 68, 940; Ferguson, 108, 973 ; same, where dissent is given; *Columbia, 92, 936; assenting 2 whistles followed at once by danger signals, not misleading; but assent to 2 whistles is not required by rule 3; Bergen, 108, 555; crossing COLLISION.— Oomn^ Boteg. 51 a vessel going to anchor, contrary signals, whistles not heard, going to left at ship's risk; Rule 21, rightly stopping; Friesland, 76, 591; at north end of Blaekwell's Island, crossing is dangerous navigation; *Titan, 79, 117; Mss. 1237; by ferryboat without signalling; *Roaedale & 0., 88, 324; by small launch through inattention; *Mary Powell, 92, 408; same, by steamer at Starin's Pier; City of Augusta, 102, 991; by tug and float near South Ferry, not in mid-river, bad lookout; "Lawrence, 07, 351; of a ferryboat entering slip, and without signalling; Republic, 102, 997; Going to the left to land in the Kills; winding channel, early signals required, delayed; King, 106, 980; Ferry-boat forbidden to cross ahead of tow. Art. 19 Inland Rules; contrary whistles; reckless persistence by ferry-boat; Garland, 110, 687. Grossing or overtaking, occasional difficulty in determining; *Mary Powell, 02, 408. Gkowding. — Sec Close Shaving. Rounding point; Bay Queen, 27, 813; Aurania, 20, 98; Near slip to turn; Spraker, 29, 458; Ferry-boat; Columbia, 29, 716; In narrow channel; Camelia, 38, 458; by ferry- boat, Corlears Hook; Garden City, 38, 860; Neg. Poirft; Northam, 37, 238; of vessel docking; Cyclops, 45, 122; In passage between two ioats; Dorothy, 59, 636 ; in narrow channel, not to pass; Lamberton, 50, 326; in Hell Gate, Brockton, 47, 333. Alleged, but disproved. North Brothers Isl.; reef; conflict, inexpert captain; d. Craigearn, 106, 973. Custom. — To seek slack water at Pier A; notice presumed; Wilbur, 38, 153; at Negro Point; t Josephine, 45, 909; to carry false lights, illegal; Chase, 46, 874. Warp across slip; notice; Fulda, 31, 352; when notice not required; *N. York, 88, 556. Not valid to justify passing near ferry slips at 10 lai. speed at night; City of Augusta, 102, 991; unavailing, Farragut, 35, 617. See p. 85; Usage, p. 80, 138. Damages. — See Apportionment, Death, Old Boats, Personal Injuiics. On total loss, value and net freight; Utopia, 16, 507. Expense of saving and landing the other's crew; Whitwill, 10, 547. Best evidence of do. ex- aggerations, demurrage, raising, &c., *Venus, 17, 925; *Excelsior, 17, 924; Quaker City, 19, 141. Old boats, see Offset; Carrier recovers for cargo; Macon, 20, 159. See p. 87. Invoice value allowed; shrinkage disregarded; commissions disallowed; City of York, 23, 616; For loss of life, recoverable; *Columbia, 27, 704; Only proximate allowed; Reba, 32, 546; T. P. Way, 28, 526; Intervening voyages; deduction; *H. M. Clark, 22, 752; Marshaling claims for; Grape- shot, 22, 123; Mending required, instead of new; J. T. Easton, 24, 950; Sea- man's and Master's effects against their own vessel; City of New York, 25, 149; Half damages for ice crushing old boat; Reba, 22, 546; General repairs in excess scrutinized; City of Chester, 27, 399. Massing don't include shipowner's cargo; Bristol, 29, 867; Only cost of repairs allowed; Estimates, when incompetent; Chester, 34, 420; Dead freight not allowed when freights procurable; "Raymond, 28, 765; \\harfage, com- mission, int. net earnings; Dumont, 34, 428; Sunk vessel to be raised promptly; Can't abandon; delay; \^■ay, 28, 526; Seeks port to repair jibboom; Wells u. Arms, 39, 210. Loss of charter, tcagcs, profits, adjusting coi,ipass, suivr;/, Superintendent, rating, protest; Belgenland, 36, 504. 52 COLLISION— DamojeJ. Survey, demurrage, spore 6oa(, crew's wages, *Contlnental, 36, 716; Increase suspicious; survej< not used ; Olive Baker, 36, 717; Seamen get half , on mMtMal fault; thrown overboard, actual damage only: Queen, 40, 694; allow salvage paid, not costs of salvage suit; unusual (boiler cracked), discredited; deduct charter expenses; Fletcher, 42, 504; insurance re- rating; allotment notes; subsequent capsizing not allowed; Beta, 44, 389. Old boat and no damage proved; Pierce. 40, 767; only prommate and natural allowed; not contingent proiits, nor lost charter; Queen, 40, 694; lost charter when allowed; Belgen- land, 36, 604 (see City of Lincoln, 15, P. Div., 15; JTantallon, 37, 148); wrist broken by interference. Mystic, 44, 398; An old boat's exaggeration is not fraud; JPettie, 44, 382. On ship-owner's goods, no freight, but only value of ship and expenses of voyage allowed; Havener, 50, 232; ship's duty to prevent subsequent damages; rise of tide; refusal to pay double wages; $400 deducted; Penn. R. R.. 50, 335; do.; Scott. 59, 638; when the wreck is sold, allow salvage paid, not costs; interest, not demurrage, whole freight less subsequent expenses; value of vessel, how ascertained; JLa Champagne, 53, 398; on claims bought up, allow price paid, as on a common burden; *Gulf Str., 58, 604; foreign average adjustment on cargo, recoverable; lex fori; *Energia, 61, 222; polariscope test, good if sampled on notice and survey; allow average for empty bags; JEuripides, 63, 140; value vessel, great conflict; *6ulf Str., 58, 604; Proxi- mate only; subsequent neglect; Brinton, 50, 581; Penn. R. R., 50, 335; Scott, 5», 638. Caused by a salving tug through collision during a salvage service, recover- able; Ashbourne, 90, 111; by collision with City vessel; repairs under adver- tised bids excessive and not allowed in full; Haddon, 68, 1017; marine ins.; abandonment by vendee in possession; delivery in escrow; waiver of rights; reference as to amount of loss; Dininy, 68, 943; allowed $1,250 to wife for nervous shock; $250 to husband; *Rosedale, 88, 324; for loss of hand. $100 is an unreasonable limit in ticket; $2,500 allowed to child, $500 to father; *Moses V. Hamb, 88, 329; Confined to proximate results; for persistent tow- age of disabled vessel until she sank in deep water, $1,000 of entire damage charged to this subsequent negligence; JNo. 8; 83, 478; 88, 551. Under Harter Act the lost vessel need not contribute, though in fault, for cargo losses, but she retains lier own recover}'; nor should the other vessel pay more than before; seamen's effects; no good fog horn; *Niagara, 77, 329. Demurrage for delay while doing other necessary repairs not allowed, if no real detention, and the vessel sailed on her regular day; Saginaw, 95, 703. Z)jt;moji, other than by 7i.aii)es suggested ; Little S., 84, 512; equally among three in fault; Harold, 84, 098; Lyndhurst, 93, 681; Thompson, 13, 189. Depreciation by twisting; $1,800 allowed; Helgoland, 79, 123. Dangeb. — Proved by reappearance of red light; *Gulf stream, 43. 895; tug baching across ferry slip, not expected; *West Brooklyn, 45, 60. Death. — Suit by widow; *Columbia, 37, 704. New York State waters; no action on muiual fault; Idlewild, 30, 115. Claims in personam, State Act, competent, marine tort; fireman is felloiv servant with pilot or master, as to ordinary navigation; JMcCuUough, 55, 98; JKillien, 63, COLLISION— i)ca, 844. Lights not seen, credit otticers watching; Wcstfleld, 3S, 366; JCliampagne, 43, 444; Monmouthshire, 44, 697; Best evidence of loss 54 COLLISION.— JSWffejice. is original statements; 'Continental, 36, 716; City of Alexandria, 40, 697; as to the angle of collision in dark night, not trustworthy; JCham- pagne, 43, 447; in moonlight, reliable; proves seven points change; Roanoke, 45, 905; Parol to vary prior written contract discredited; City of Alexandria, 40, 697; place in channel, conflict; credit those in lest places to observe; Brockton, 47, 333; as to course or change, credit the probable; JChampagne, 43, 447; Brittanic, 37, 398; *Drew, 41.. 445; Roanoke, 45, 905; Quichwater forvpard don't prove full stop; Susque- hannah, 35, 320, 325; navigation impossible on plotting; Roanoke, 45, 905; Weed, 40, 844; *Rhode Island, 35, 846. Conflict in; both accounts rejected; determined by angle of col- lision; *Stiekney, 50, 624; Brinton, 50, 714; vertical light, held out before collision; Skeer, 55, 123; held put out by the collision; Express, 55, 340; held green light obscured; *Daylight, 55, 113; no change in schr.'s course proved; *Energia, 56, 124; improbable navigation, making a, circle; Dorothy, 59, 636; libellant agst. 5 witnesses insuffi- cient; Ravensdale, 63, 624. Reticence and detoj/, suspicious ; Moon- light, 50, 478. As to lights alert observers credited; JGyp. Prince, 57, 859. Abstraction of first report of collision from Inspector's office, discredit- ing; Sam Sloan, 65, 125; Steam & Sail, opjiosite courses, contradiction as to lights, neither story credible as stated; inattention; close shading; Dorian, OS, 1018. Pilot's evidence discredited as to striking rocks near Constable Hook. Neither story credible; Walleda, 64, 807. Depositions in perpet. rei mem. without notice excluded; *Green, v. Co. Ital., 82, 490. On conflict, whether propellor blade was broken in the slip, dredging or sounding required; *How. Carroll, 09, 1003; mss. 1570; See Carbonero, 106, 329. On conflict as to place of collision, held upon critical computations to have been in the channel way and off of anchorage ground; *Ailsa, 76, 868; same, held vessels nearly opposite, in about midrchannel and near Buoy No. 9; Nymphoea & May, S4, 711; same, near west entrance of Gedury Channel; Mesaba, 111, 215. Evidence, Insufficient to warrant decree; as to striking some unknown obstruc- tion in usual channel near Mill Rock; Horton, 68, 931 (see 14 Wall, 414; 17, Blatch 82) ; as to identity of wrong-doer; A. J. White, 94, 1020; *N'ewport, 28, 658; City of Chester, 18, 603; as to negligence in warping steamer across slip; New York, 88, 556; or as to falling stone-bins in Rondout Creek; *Has- torf, 110, 669; or negligence when only 1 min. time in Newtown Creek to avoid disabled tug; JProtector, 113, 868, mss. 1742. See Negligence, p. 65. EXTBAOKDINART. CIRCUMSTANCES. — See Inevit. Accident. Derrick raising wreck, E. R.; cross tide; collision excused; Depew, 59, 791. Extremis. — See In Extremis, p. 60. Fault. — See Course, Crossing Bmcs, Crowding, Inattention, Lookout, Lights, Narrow Passage, Reversing, Signals, Speed, State Statute, Right of Way. Of the other, no excuse; C. Allen, 11, 317; Monticello, 15, 474; Vim, 12, 906; Warren, 18, 559. Proved, but not alleged. Costs withheld; ^Maryland, 19, 551. Basis of suit; Hall, 14. 408; tSaunders, 19, 118; Lepanto, 31, 651. Duties correlative; Rhode Island, 17. 554. Reduction of pressure not a fault; nor sailing from apparent sound in fog; Lepanto, 31, 651. COLLISION.— FaMit. 56 Prior, don't excuse lack of reasonable effort by other vessel; City of Merida, a4, 229; Roslin, 33, C87; *Fanwood, 38, 373; Aurania, 39, 98; Departure from rule. See Rules. To ground in dangerous place; *Drew, 33, 852; Proxi- mate fault only considered; Nereus, 33, 448. Of privileged vessel, not reversing in danger. No fault if time insufficient after danger apparent; Belle, 33, 719; »Greenpoint, 31, 231; Gratitude, 31, 232; Susquehanna, 35, 320; Nor if reverses when necessity appears; City of Alb., 34, 812; *Springfield, 39, 923; *Servia, 30, 502; Farragut, 35, 617; *St. John, 34, 763; Proximate cause, u)i-ong side of river causing fear; IJBritan- nia, 34, 557; or near slips; Columbia, 39, 719; See Piers; Tow partici- pating in tug's illegal navigation; JDoris E., 33, 558; Dangerous start; *Greenpoint, 31, 231; *John S. Darcy, 39, 644; Running on anchorage ground out of usual track; *Drew, 35, 789; Obstruction of vieiv; Raritan, 33, 847; Of lights; *Secaucus, 34, 68; Delay in shaping course; JHavilah, 33, 875; Truro, 35, 317; McCaldin, 35, 330. Reversing as soon as danger could be seen is enough; Alaska, 38, 764; Not reversing; Wilbur, 38, 856; *C. F. Young, 45, 505; *Gulf Stream, 43, 895; Tardy reversing, see Reversing. Close shaving in crossing course; Beta, 40, 899; in going between two others; Chase, 46, 874; near vessel docking; Cyclops, 45, 122; too near piers; Francis, 44, 510; Garden City, 38, 860; 37,899; 43,398; 44,384. Signals omitted, S. J. Weed, 40, Sii; At Negro Point; t Josephine B., 45, 909; Signal unanswered, material; *Express, 44, 395; Fletcher, 38, 156; Not porting after signalling under Art. 19; JCham- pagne, 47, 122. Not keeping course; *Gulf Stream, 43, 895; Roanoke, 45, 905;. bad screens, not proarfmatey *Drew, 41, 445; Not finishing tack; *Young, 45, 505; Johnson, 40, 601; Wrong side of channel. Hell G., Brockton, 47, 333. Wrong place in river immaterial; Francis, 44, 510; do. near slip; Emperor, 46, 143; Chase, 46, 874; Old boat; no notice; immaterial; North, 37, 270; Signals unnoticed, see Sudden sheer; *Express, 44, 392; by privileged vessel, Ives, 44, 445; Roanoke, 45, 905; Tow participating is liable; "Express, 46, 860; hoists sail and obscures view from tug; Levering, 36, 511. Prior faults, not fine points near collision, regarded; Cyclops, 45, 122; Not noticing leeway of twos in high wind; Burnett, 46, 415; third vessel's fault, fleet adrift, Nora C, 46, 869. Dangerous Start. Nereus, 33, 448; Washington, 2 M. R. 470. Not porting after one whistle; fChampagne, 47, 122; *Peerless, 48, 844; N. Bros., dock, not sounding in fog; inattention to fog bell; "Express, 48, 323; to increase of wind, by elevator, gusts; Columbia, 48, 325; none, to hug shore in fog; Midland, 48, 331 ; not keeping away from vessel landing; Stone, 49, 475; close shaving at Horn's Hook, and miscalculating speed; Syra- cuse, 49, 477; none, to luf for anchorage ground, leaving room for overtaking steamer; Keller, 50, 142; not sounding in fog, in harbor; "Buffalo, 50, 630; mistaking tide and proper position, Anthony's Nose; liquor; *Ice King, 53, 894; collision with wreck; pilot's ignorance of channel; Ceres, 53, 665; too long haivser. Sea fence; Skeer, 55, 123; Govvanus Crk., shoving up; lines unguarded; running into bulkhead; "Lime Rock, 35, 126; not sending helper to avoid anchored vessel, "Heipershausen, 56, 619; incautious ap- proach in collecting bill from yacht; Vandal, 59, 796; boom and launch pro- jecting 60 ft. without anchor light; no fault; Dimitri, 60, 111. 56 COLLISION.— Fan/*. Unlicensed and inexperienced pilot in charge; JKillien, 63, 172. Unlicensed pilot put in charge at Corlear's Hook; close shaving by an overtaking ferryboat; JKilien, (JS, 172; overtaking vessel not conforming to the signals and move- ments of the vessel ahead; unlicensed deck hand in charge; Whiteash, 64, 893. (Contrary signals given on account of a supposed mistake by the other vessel; *Orange, 64, 141 ; to port the helm when green to green; reversing gear made fast; *MexicOj 78, 653. Bad mechanical fog-horn, lack of Inspection; should have spare one or means of repair; *Niagara, 77, 329. No spare lines on tow, tFloat i, 89, 877; no anchor on harge in Hudson River; Brown, 110, 780. Fault to omit bend-signals at Horn's Hook; hugging lee shore; tTrans. No. 8 & Wat., .82, 478 ; to assent to signals to back at Horn's Hook between two moving tows; *Transf6r 9; 107, 533, *Mss. 1713. To obscu/re one's own lights by running under a higher boat; JAlbany, 74, 314. Crossing to the left without giving signal; *Rosedale, 88, 324; not promptly turning to the right \^hen head and head; Mahan, 106, 86; "singling out" a tow in East River tide- way outside of the slip, causing three collisions; Crawford, 68, 939. Violating an agi-eement made by signals; tow and ferry b. ; *Vandercook, 88, 559; Disregarding Art. 18 as to signals by both vessels on overtaking and pas- sing at bend; Gedney Channel; and passing without assent; Mesaba, 111, 215. If fault doubtful, or not proved, no decree; Republic, 102, 997. See Evi- dence Insufficient, ante, p. 54. Ferryboats. — See Fault. To go in mid-river as nearly as may be. "Rockaway, 19, 449; Great care required near the slips; Monticello, 15, 474; Garden City, 19, 529. Lookout necessary, crossing bows; Pavonia, 23, 204; Not to start if risk involved; Nereus, 23, 448; To avoid drifting vessel; Roslin, 22, 687. To moderate speed in fog; Howard, 30, 280; Smnging " course" in entering slip to be counted on; *Darcy, 29, 644; *Senff, 33, 237; Columbia, 29, 716. Embarrassed by tug near slip, former should stop; Rockaway, 38, 856; Cem. Rock, 38, 764; Baltic, 41, 603. Entering slip, tug presumed to keep away; *West Brooklyn, 45, 60. In fog, to keep off anchorage ground, Middletown, 44, 941; May run near piers in fog; obstruction to; Orange, 46, 408. Grand and Hous. St., barge obscured; swing of tide, right of way; tug too near, high speed; Intrepid, 48, 327; obstructions in slip; Brooklyn, 50, 588; do.; ordinances, inattention, not waiting; Jackson, 5S, 607; improperly in another's slip, in fog; (Princeton, 61, 116; tug too near slip, crossing bows; obstructions, tardy reversal; Chicago, 61, 521; Baltimore, 56, 127; Fulton, 62, 604; tug catching on center, no signals; Fanwood, 61, 523. Should give good margin in overtaking at Corlear's Hook; JKillien, 63, 172; contrary signals, thwarting maneuvers; *Orange, 64, 141. Two boats starting abreast from Battery Slips; one is obliged to stop outside of slip from lapping; thwarting, false start; Garrison, 65, 253. May run in fog; signals not heard; a lighter in fog should go out of ferryboat's track; Whitehall, 68, 1022. 7 knots is excessive speed in fog; Inattention to whistles, Maun Chunk; M. R., June 19, '95. Lights obscured by going near intervening high COLLISION.— i«'en'2/-6oa(3. 57 boat; JAlbany, 74, 314. E. River, right of way, two tows; one turns too slowly and is to blame; Clinton, 97, 510. Forbidden to cross ahead of tows, Inland Rule 19; recklessly disregarded; Garland, llO, 687. Crossing propellers' bows under two whistles not assented to; dd. 'Columbi.a & Eagle, Oli, 930. Ferry-boat has a right to unobstructed landing at her slip, Shadyside, Uii. 507; but this does not free her from the rules of navigation when out in the river; 'Columbia, »3, 936; nor from duty to reverse to avoid collision near the slip when necessary; Fanwood Mar. Reg., Apr. 10, 1895; crossing near shore; bad start; Washington Mss. 510; 2 M. R. 470. Ferky Slip. — Collision near Starin's Pier (13) tug or tow's fault in obstructing egress, contradictions; ferry b. not in fault, Chicago, lOl, 143; both in fault; Chicago & Alvena, 78, 819; Fanwood; Mar. Reg., Apr. 10, 1895; *Columbia, 93, 936; City of Augusta, 102, 991; tug crossing and obstructing entrance, no signals; tug alone to blame. Republic, 102, 997. Vessel not identified; City of Chester, IS, 603. FlETY-NiNTii RuiJE IN Admibalty. — See Pkactice, p. 120. Origin of, Hudson, 15, 162; New deft, brought in to answer libel and petition; Greenville, 58, 805; purchased claims; *Gulf Str., 58, 604. See p. 72. Flash or Torch Light. — ^Material; *Excelsior, 12, 195; Rhode I., 17, 554. Net required of foreign ship. \Vhen immaterial; State of Ala., 17, 847. Proof of, doubtful; Alaska, 23, 548; Required; City of Merida, 24,229; *E. Corning, 25, 572; At anchor, *E. Corning, 25, 572; When immaterial; Pennland, 23, 551. Must be shown on North River; 'Saratoga, 37, 119; Stranger, 44, 815; to overtaking vessel; Savannah, 41, 891; right, though not over- taking; {Champagne, 43, 444. Not required when not overtaking, i. e., when not 2 points aft of abeam; how ascertained; Cheruskia, 92, 683; »Mai7 Powell, 92, 408. Fog.— See Speed. tCity of N. Y., 15, 624; Rhode I., 17, 554. State of Ala., 17, 847. Aberrations of sound. 5 points error. Reducing pressure. steering atcay from apparent whistle, right; Lepanto, 31, 651. Et-ror in locating by whistle not a fault; Must reverse if near; City of Atlanta, 26,456; immoderate speed, 6 to 7 miles; JNacoochee, 22, 855. To stop, or ease, if signals near; UMartello, .34, 71; Running too fast by piers; St. John, 29, 221. Disputed, no signals, too long hawser; *L. Holberg, 36, 914. If signals ahead near (% mile) reverse, keep course till seen; 13% knots excessive; Brit- tanic, 39, 395; *Normandie, 43, 157; do., steamer 7 knots, schooner 6; Wyanoke, 40, 702; do., 5 knots; *Raleigh, 41, 527. Long toio, helper to sig- nal from tow; tCity of N. Y., 44, 693; in North River should anchor; *Raleigh, 41, 527. Ferryboat in fog may run as is necessary near her pier; obstruction by a moored tug; Orange, 46, 408. Not heeding fog bell, in N. Bros.' dock; *Express, 48, 323; at 45th St., may go near shore; JPrinceton, 61, 116; do., must stop dead when whistles heard near; Midland, 48, 331; must sound, when near anchorage ground; 'Buffalo. 50, 630; 'Express, 48, 323; running into fog bank, must reduce speed before; tTrave, 55, 117; signals unnecessary, within pier lines, to another ferry boat carelessly there; JPrinceton, 61, 116. 58 COLLISION.— i^off. Signals not heard, Maun Chunk; Mar. Reg., June 19, 1895; Same, lighter should keep out of ferry-track; Whitehall, 68, 1022. Anchoring in channel- loay in fog is at veasel's risk; a steamer may choose the best of different anchor- age grounds; *Ailsa, 76, 868. Steam and sail, excessive speed, horn out of order, no spare one nor means of repair; *Niagara, 77, 329. Dangerous round- ing at Pollock Eipp; duty to anchor in thick fog, or to give signals from toio; steamer hearing signals should watch and wait at the light; *Whitney & Shamokin, 77, 1001. A long tow should show position by whistles prearranged, and have lookout; excessive speed by sail vessel; Harold, 84, 698. On signals heard near and about ahead, the vessels delayed reversing; dd. Nymphaea & May, 84, 711. 'Nine knots is excessive speed, in moderate fog for a 11-knot steamer; held, on dispute, vessel not overtaking; Cheruskia, 93, 683. Must reduce speed promptly when signals heard near; computations as to stopping power; *W. Bkn., 106, 751. Seven knots excessive in thick fog; horn not heard until near; *Patria, 93, 411. A new obstruction (moving rock-breaker) excuses grounding in entering Boston Harbor; Taurus, 95, 699. Fog Horn. — ^Mechanical, required on sail vessel; Wyanoke, 40, 702. Spare me- chanical, necessary on ocean voyages; mouth horn bad; JTrave, 55, 117. Foo Horn out of order, mouth horn used; heard but three minutes before col- lision; Kenilworth, 64, 890. Duty of inspection, and to have spare horn or meoMS of repair, on ocean voyage; *Niagara, 77, 329. Inatten- tion to fog signals of steamer anchored in E. River off of anchorage ground; JSkidmore, 108, 972. Foreign Law. — No protection in torts, lex fori; *Energia, 56, 124. Fouling. — See Anchorage ; Drifting; Hawser, p. 58. (Jetting under Way. — ^Mid large fleet, care obligatory; Wells v. Arms., 39, 216; backing across N. River misleading; delay; *Servia, 30, 502. Giving Way. — Duty delayed; *Excelsior, 13, 195; Warren, 18, 559. A duty, to avoid collision when the necessity obvious; *Isle of Pines, 34, 498; JNaooochee, 33, 855; *Fanwood, 38, 373; Aurania, 39, 98; Columbia, 23 Blatch, 268. See Bight of way, Privileged vessel, p. 69. Harter Act. — See p. 97. Hawser. — Fouled by crossing; to tack; tug to slacken, Taylor, 53, 323; too long, off Red Hook; Skeer, 55, 123. Hazardous Navigation. — See Hugging Shore, Close Shaving. Going between other vessels; Active, 33, 175; Both assenting to, by whistle; both in fault; Nereus, 33, 448; JPlymouth Rock, 36, 40; In starting from slip, 33, 448; Westernland, 34, 703; Crossing East River from under Horn's Hook at speed; stopping between two moving tows; JTransf. No. 8, 83, 478. Overtaking & passing near, at Corlear's Hook in strong tide; JKilian, 63, 172. Stopping in a tide-way in East River to " single out " tows; 3 collisions; Crawford, 68, 939. Crossing the bows of other boats at Horn's Hook; *Titan, 79, 117, *mss. 1297; JTrana. No. 8 & Waterman, 83, 478. Overtaking and passing at west entrance of Gedney channel at 12-knot speed without herui- signals; Rule 18; suction; Mesaba, 111, 215. By delaying signals, and not reversing till near; Catskill & St. John (Re Central), 93, 1010; City of Augusta, 103, 991. COLLISIOJ^. —Hazardoua JSTav. 59 Long tows in fog without provision for tow to signal its position; "Whit- ney & Sh., 77, 1001; Harold, 84, 698; Washington, 2 M. E. 470. Head and Head. — See Signals, p. 74. Inspector's Rules, p. 60. In meet- ing must turn to the right promptly; Mahar, 106, 86. Helm. — Action of, on reversing; rate of turn; Aurania, 29, 121; "Britannia, 34, 555. Experiments in rate of turning and reversing till ship is stopped; *Normandie. 43, 159; Britannic, 39, 397; Put wrong way, Northam, 37, 238. Hell Gate. — ^Descending boats to keep the right-hand channel; *City of Spring- field, 36, 158; Going up; right of way; going abreast illegal; JPly- mouth Rock, 26, 40. Hawser towing; t Josephine, 45, 909; do., right of way; Dasori, 47, 330; alongside, to give half the channel; Brockton, 47, 333. See "Peerless, 48, 844. No signals; "McCuUough, 55, 98; two boats may pass on signal; sag- ging, inattention, weak tug, iiyrong side, Brockton, 47, 333; crossing bows without assent. No. 5; 49, 398; do.; towing alongside and on hawser, both good; Dasori, 47, 330; Brockton, 47, 333; must obey signal by timely sheer. Volunteer, 49, 477. Steamer overtaking yacht; crowding at Hallett's Pt., signals delayed; Sam Sloan, 65, 125. Horn's Hook. — See Crossing Bows, p. 50. Going near shore inside of the bend is dangerous; obscured; signals required from ascending boat; JTransfer 8, 82, 478; Same, backing between two tows; signals improperly as- sented to; "Transfer 9, 107, 533, "Mss. 1713. See Bend in Stream, p. 48. Hugging Shore. — See Ferryboats, Piers, State HLatute. Fault; near Battery; Garrison, 65, 253; to get into slack water; delay in keeping away; "CarroUBoys, 80, 414; Shadyside,93, 507; Lawrence, 97, 351 ; near /Stor- m's Pier, No. 13 North River; Chicago, "78, 819; 101, 143. Near a ferry- slip or dock; City of Augusta, 102, 991; "Columbia, 92, 936; Republic, 102, 997. Not go within 800 ft. with other parallel tows near; fHoboken V. White, 86, 924, mem. See Horn's Hook, ante. In Shrewsbury River; "Elberon, 70, 720; in tiewtovm Greek; fMascot, 66, 74. Same, near East Shore of Blackwell's Pt., dd. Chrystal Stream; mss. 1794. At Castle Garden, at ship's risk. Stone, 49, 475; "McCuUough, 55, 98; "Trans. No. 8; 53, 670; Senff, 53, 669; right, off Flood Rock, No. 5, 49, 398; Horn's Hook, crossing bows, miscalculation, Syracuse, 49, 477; right, in fog. Midland, 48, 331. Ice. — At dock; unreasonable delay; old boat, half dam. ; Ulrichs, 35, 308. Identity. — ^Not proved; conflicting ev.; discredited witnesses; "Newport, 28, 658. Of vessel charged, not proved; d. A. J. White, 94, 1020; on col- lision in slip; City of Chester, 18, 603. Identification. — Expenses of, not allowed; Dimitri, 60, 111. Inattention. — See Lookout, p. 63. Fog signals given only 3 min. before col- lision; Kenilworth, 64, 890. Tugs and tows, L. I. Sound; signals not given; sheer discredited; Eagle, 69, 157. Inattetion to vessel wear- ing around; "Green v. Comp. Ital., 82, 490; Williams, 68, 938. Causes signals to be delayed and unheeded, thicarting orders and confusion; dd. Saginaw, 84, 705; "Rosedale, 8S, 324; Ferguson, 108, 973; to sig- 60 COLLISION.— /rea«eni!on. nals on entering Atlantic Basin Gap; Defiance, 92, 521 ; by a yacht- launch crossing North river; *Mar.y Powell, 92, 408. East Eiver ferry b. meets two tows, the last too slow in turning, from not heeding the one ahead; Clinton, 97, 510; to 15 whistles of ferryboat entering her slip; Fanwood, Mar. R., Apr. 10, '95; in going near slip; City of Augusta, 102, 991; Republic, 102, 997; to anchored vessel off Quaran- tine; Municipal, 108, 895; to fog-bell in E. River; JSkidmore, 108, 972; to tug's lights and signals in rounding up-river near Brooklyn Bridge; Ferguson, lOS, 923; of steamer backing out of her slip in North river, dd. ; *St. Louis, 107, 540, *mem. Inevitable Accident. — Loss remains where it fell; Edam, 21, 651; Fl. P. Hall, 14, 408. When not; tNacoochee, 22, 855; Lilian M. Vigas, 32, 747; *Roekaway, 25, 776. Wind fails in tide way; fJansen, 44, 773; Media, 45, 79. Not inevitable; run into N. Bros.' docJc, no sounding in fog, not heeding bell; *Express, 48, 323; against 23d St. dock in high wind, no "gust,"' Columbia, 48, 325; out of course in fog on anchorage ground, no soundings; *Buffalo, 50, 630; sustained, when tow moored in blizzwrd; unexpected ice floe. Trans. No. 2; 56, 313; collision with anchored derrick in E. R., crosstide, amid many vessels, Depew, 59, 791 ; spile pulled out in heavy storm; ship well moored, *Cushing, 60, 110. In Extremis. — Change of course, no fault; *City St. Aug., 52, 237; luff of 2 points immaterial ; Grace, S., 63. 163 ; when first seen, error not a fault when there is no time for judgment; Battery, *Trans. No. 8, 53, 670; liable, if arising through previous fault, as by obscured green light; *Daylight, 55, 113; no change required of pilot boat in Lower Bay within 100 yds. in fog; Orizaba, 57, 247; when right for privileged vessel to stop; *Plioenix, 50, 330. Errors in, disregarded; real faults anterior; obstructing ferryboat in fog from adjacent pier; Orange, 46, 408; Wilbur, 38, 153; Cyclops, 45, 122; secus, when too early, or too distant; AUianca, 39, 476; or induced by ship's own fault; *Express, 44, 397. Luff of two points in L. I. Sound, not a fault; Grace S., 63, 163. By sudden porting of the other vessel ; "Mexico, 78, 653. At mined passage in Lower Bay; notice and signals disregarded; Chalmette, 93, 500. In Newtown Creek, at Bridge, one minute before collision to avoid a, disabled tug and another tow; Protector, 113, 868; JMss. 1742. Ikspectoe's Rules. — See Promptness. Limit option; Grand Republic, 16, 424; Uncle Abe, IS, 270; Binding; tB. B. Sanders, 19, 118. Exceptions in; tE. A. Packer, 20, 327; Garden City, 19, 529. Two whistles by tow leaving slip; Rio Grande, 38, 849; passing at Negro Point (7, 8), Northam, 37, 238; signals necessary; {Josephine, 45, 909. Importance of; signals especially necessary at bends, Corlear's Hook; JClara, 49, 765; N. Riv., Van Houghton, 50, 590; at Anthony's Nose, nearly head and head; *Ice King, 52, 894; at Hell Gate; *McCullough, 55, 98; do not dispense with duty to keep good lookout; Ice King and Clara, ante, Chicago, 61, 521. Inspectob's Rules. — Rules 1, 3 and 6; See Hignals, lieccrsing, pp. 70, 73. Rule COLLISION.— /7(»/)c(!(or,s' Sulcs. 61 1; keep to therigrit; violated, without agreement, iikn. Bridge; Ferguson, lOS, 973; Importance and materiality of strict observance of each rule. See Signals, p. 73. Disputed lights, 2 push tows; signals too laic, not repeated, reversing delayed; Mahan, lOG, 86; Garland, 110, 689; Catskill & St. John (re Central), !)a, 1010. Rule 3. On misunderstanding, must stop, on rounding Bay Ridge buoy; failure to stop; Saginaw, 84, 705; Same, junction of Main & Stcush Channels; British Queen, 89, 1003; in North River (re Central), Catskill & St. John, Oa, 1010, 1017; CUty of Augusta, 102, 991; Rule 3 don't require assent to tivo whistles, crossing signal. An answer of two is immaterial when followed at once by danger signals, Bergen, 108, 655. Rule 11. Tow must carry white lights (30 Stat. 102) at bow and stern of outside boats. Duty of both tug and tow; Lyndhurst, 92, 681. Keeping Away. — See Landing. Steamers, from sailing vessels; Alaska, 22, 548; City of Merida, 24, 229; *Drew, 22, 852; *Isle of Pines, 24, 498; JNacoochee, 22, 855; Pennland, 23, 551; ♦Columbia, 27, 704; By reasonable margin; Halght v. Bird, 26, 539; L. V. Rose, 28, 104; The Bay Queen, 27, 813; Duty not shifted by two assenting whistles; The Nereus, 23, 448; Right of way don't excuse when the other's neglect and danger are obvious; *Columbia, 27, 704; Aurania, 29, 98. Paral- lel courses, steamer's duty begins only on notice of schooner's intent to cross; Ives, 44, 445; small boat, by oars; Bay Queen, 42, 271. Must steer according to whistles given; see Thicarting. On parallel courses, rounding Corlear's Hook; (Clara, 49, 705; do., at Battery, making land- ing; Stone, 49, 475; from sail ves. in E. R. ; enough, to take tow to wlw/rf and stop; Bogart, 50, 140; must change more, if no broadening off; tGypsum Pr., 57, 859; Grace S., 63, 163; not bound to do more than is possible; swift sch'r to avoid a slow tow; Taylor, 52, 323; Rose C, 52, 330; 'Trans. No. 8; 53, 670. More effort required, if no broadening off is seen as vessels approach; Grace S., 63, 163; same, lights misleading from bad screening; inatten- tion; *City of Norfolk, 106, 982. Deioi/ed, through inattention; Dorian, 68, 1018. Long tow at sea in fog; tug's risk; tow must co-operate and signal her position; Harold, 84, 698; difficulty in determining whether crossing or overtaking; yacht's launch; inattention; *Mary Powell, 92, 408. Lighter in fog, to keep out of ferry-track; Whitehall, 68, 1022. Good mwrgiM required; See close shaving, p. 48-9. Failure to keep away through inattention and trying to cross bows; City of Augusta, 102, 991; Republic, 102, 997; Failure through sagging in a crosstide upon a small boat repairing a mined channel-way; Stern 110, 996; 'Middle- ton, 110, 1001; failure through esetraordiimry sagging and leeway of sail vessel in light imnd; no fault; 'Iroquois & Powell, 91, 173. KEEriNG Course.— See Stopping. Duty of privileged vessel; forbids stopping or backing; HBritannia, 34, 546; *St. John's, 34, 703; Change in extremis not a fault; JHavilah, 33, 875; Around bend; See Bend; 62 COLLISION.— ^eepin^ Com-se. ferryboat's swing i:. to slip; *Darcy, 39, 644; course changed; Rose, as, 104; North Star, 39, 151. Duty of sail vessel though in fear; *Allianca, 39, 476; *Normandle, 43, 155; by privileged steamer; *Gulf Stream, 43, 895; by steamer in fog, till positions known, if whistles ahead; Britannic, 39, 395. Requires some speed; can't stop, contrary to signals; *Nutmeg St., 63, 847; except in extremis, 200-300 ft.; *Phoenix, 50, 330; Britannia, 153, U. S., 141. Forced stop near shore, outside of Battery Slip; had start, lamping; Gar- rison, 65, 253. Is the duty of privileged sail vessel; Dorian, 68, 1018. Violated by luffing in fog unnecessarily; *Alene, 74, 268; *Paoli, 93, 940. Changing 6 or 7 points toward shore; fog; *Lawr6nce, 97, 351. To avoid collision the privileged vessel must, when seen to be clearly necessary, aid by changing her course, see Privileged Vessel, p. 69. Landing. — See Piers arid SUps, p. 67. Right of way to; hugging shore; Stone, 49, 475. Small boats must give way for the necessary landing of large vessels; Etruria, SS, 555; Tugs to keep away from the slips; Ferguson, 107, 155. Violent landing of tow by tug; *Victoria, 88, 524. When crossing another vessel to make a landing, care and early signals are required; King, 100, 980; Shadyside, 93, 507. Leeway and Sagging.— Causes change of lights; *City St. Aug., 53, 237 ; by ship in ballast; necessary to account for collision; in keeping away, must allow for and make broaden off; JGypsum Pr., 57, 859. Ex- pected; Star of S., 3, 578; of tow in gale; Burnett, 46, 415. By hoth sail vessels on a free wind; Grace S., 63, 163. By reefing on mndward side of a near-passing tow 4,000 ft. long; dd. Rathburn, SS, 549. By effect of a crossing tide; *Middleton, llO, 1001; Stern, 110, 996; Mesaba, 111, 215. Left, Going to. — Fault, in order to cross bows unnecessarily or to get benefit of tide at Blaekwell's Is.; *Titan & Unit, 79, 117; *Mss.; same, at Battery; Saratoga, 77, 224; *Carroll Boys, SO, 414. Without signals; *Rosedale, 88, 324; or assent; Catskill & St. Johns (re Central), 93, 1010. See British Queen, SS, 1005; on signal of 2 whistles unanswered; Ferguson, 108, 973. On crossing to the left in order to land, care and early signals required; King, 106, 980. Lighters.— -Must in fog keep away from the ferryboats' track; Whitehall, 68, 1022. Negligently cast off in swell; Rusted, 56, 1022. Lights. — See Flash Light. Obscured or not seen. Vesper, 9, 569; State of Ala., 17, 847; Fontenaye (screen bad, no lookout), 31, 134. *Hill3 (umbrella, no lookout), 31, 727; Alaska, 33, 548; *Amboy, 33, 555. Necessary at piers. Shields, 18, 748. Contradictory bea/rings, mistake for tow; *Alhambra, 35, 846; Not seen, held bad; Alaska, 33, 548; *Amboy, 22, 555; *E. Corning, 35, 572; Anchor necessary; *Erastu3 Corning, 35, 572. Conflict determined by the probability and consistency of story; tHavilah, 33, 875; City of Truro, 3."», 317; Many watching, not seen; JDrew, 35, 789; Seen across bend; don't indicate course; Dillon, 30, 285; Obscured by running astern; special lights; *Secaucus, 34, 68; COLLISION.— £,>/i(s. 63 Not bound to answer pilot's flash light; Cambusdoon, 30, 704; Not needed at Piers; Eutter, US, 3G5. See Anchoring, p. 46. Conflict; discredited when not seen; Westfield, 38, 366; or poor and obscured, mistakes as to; JChampagne, 43, 444; too far aft, Mon- mouthshire; 44, 697; alleged improper screens immaterial; *Drew, 41, 445; two vertical, shows tow; none at side of a tow alongside re- quired; alleged practice to carry false, no defence; Chase, 46, 874. Green, near Astoria shore, don't mean going to Horn's Hook; Trans. No. 5, 49, 398; obscured by tow's pilot house, fault; Tug No. 13; 50, 628; by staysail; 'Daylight, 55, 113; cJumges in, explained by leetvay and yai^ng; *City St. Aug., 52, 237; the Jcind displayed not material, to show a dangerous loreck; Ceres, 53, 665; only one vertical tow light; Skeer, 55, 123; staff light put out by collision; no lookout; attention distracted; Express, 55, 340; staff light out before collision; tow's light not noticed; Skeer, 55, 123; not seen, held bad, on conflict; Viola, 59, 632. Contradiction; opposite courses; neither story credible; Dorian, 68, 1018; tow lights not seen, crossing, inattention; no signals till within 300 ft.; Eagle, 69, 157; Ferguson, 108, 973. Of ferryboat obscured by intervening high boat, fault; JAlbany, 74, 314. Two white lights required by Rule 11 on outside boats in a tow; duty of the tiig and of the boats in tow to observe the rule; drifting and abandoned; Lyndhurst, 93, 681. Misleading, too much crossing, screens bad, 6.6..; *City of Norwalk, 106, 982; Misleading on anchored dredge; dd.; Arthur, lOS, 557. Limitation op Liabh.itt. See p. 106. Limitation of Suit. — 8% years stale, though suit in rem. meantime. Raymond, 18, 547. See *Bristol, 11, 156. Not to be set up by amendment. Bear, 8,428. See Lien. Six and a half years, laches, pending other suit; stale; *Amboy, 36, 925; do. (five and three-quarter years) ; JSundberg, 43, 81; do., 44, 807. See p. 105. Lookout. — See Inattention, ^p. 59. Material; *Excelsior, 13, 201; Monticello, 15, 474; E. Wiman, 30, 245; *Hills, 31, 727; *Sam Rotan, 30, 333; St. of Texas, 30, 254; Immaterial; Bermuda, 17, 397. Negligence of; Johanne Auguste, 21, 134. Bad lookout. Less vigilance required of tow; *Excelsior, 13, 195; or at anchor; *Rockaway, 19, 449. Insufficient; *Amboy, 32, 555; E. H. Webster, 23, 171; *Pavonia, 33, 204; watch necessary on lights ahead; *Demarest, 35, 921. Bad; JHavilah, 33, 875; City of Truro, 35, 317; JSammy, 35, 327; on tow; Raritan, 33, 847; MeCauldin, 35, 330. Obscured by tow's sails; Levering, 36, 511. Should see 500 feet without lights; *Saratoga, 37, 119; and vessel ahead 300 feet; Savan- nah, 41, 891. Pilot of tug insufficient; Grapeshot, 38, 156; Ripple, 41, 63. Bad lookout, Idlewild, 39, 115; Johnson, 40, 601; 'Express, 44, 392; do., at sea. Beta, 40, 899; do., as to schooner's lights; *Drew, 41, 445; in North and East Rivers; *C. F. Young, 45, 505; *West Brooklyn, 45, 60; Emperor, 46, 143. Inattention to signals; tCity of jq- Y., 44, 693; Wilbur, 38, 153; Middletown, 44, 941; to tows sag- ging; Burnett, 46, 415. 64 COLLISION.— Lookout. Inattention to signals j Baltimore, 56, 127; to signals of disabled steamer; 'Riverstlale, 5S, 28G; to two vertical lights and scow both visible; Express, 55, 340; to scow near and visible at night; Skeer, 55, 123; to the bearing and luff; Viola, 59, 632; must be continued after signals; the latter no sub- stitute; Chicago, «1, 521; *Concho, 58, 811; Cor. Hook; JClara, 49, 765; tliillien, 63, 172; bad in backing out of slip; Don Juan, 50, 618; in rounding Anthony's Nose; *Ice King, 52, 894; to be doubled in fog; mate, as lookout, preoccupied; Orizaba, 57, 247; bad, in not observing hoisting anchor and not under way; *Aller, 59, 491; while taking in sail, to anchor; Pratt, 60, 1022; bad, mate preoccupied, Sound, bark and schr.; luff in extremis immaterial; Grace S., 63, 163. Pilot alone, not sufficient on tug; Express, 55, 340; Senff, 53, 669; Chicago, 61, 521; not seeing vessel on clear night till near; Viola, 59, 632. Bad; Negligent on bark in Sound; preoccupation; Grace S., 63, 163; on two schooners, both inattentive; both luff; Walleda, 64, 807; in fog, inatten- tion to horn; Kenilworth, 64, 890; bad on leaving dock, where good lookout is required; tug and tow 1,000 feet out; pre-occupation with another vessel, El Eio, 66, 360; tug and sail, inattention to wearvng round; Williams, 68, 938 ; same, bark and steamer; *Green v. Co. Ital., 83, 490 ; same, tugs and tows, L. I. Sound; signals too late, alleged sheer discredited; Eagle, 69, 157; steam and sail, opposite courses, contradictions as to lights, neither story credible; change of course, close shaving; Dorian, 68, 1018. On yacht's launch in cross- ing North River; *Mary Powell, 93, 408. Bad on ferry boat; *Eosedale, 88, 324; City of Augusta, 102, 991; Republic, 103, 997; Bergen, 108, 555; *St. Louis, 107, 540; *Mem. Bad on tug and tow near Battery; *Law- rence, 97, 351; same, approaching dredge at anchor; Arthur, 108, 557; bad on approaching a steamer at quarantine, anchored a little off anchorage ground (immaterial), and going much to the left of mid-stream; Municipal, 108, 895; same; off anchorage ground material, where anchor light was partly obscured by copper smoke; *Leary, llO, 680. Good lookout requ/ired at the far projecting bow of a long float in tow along- side; Lyndhurst, 92, 681; specially in fog; JSkidmore, 108, 972; also upon a long tow astern; Harold, 84, 698; required to be on steamer's bow and doubled in thick fog, or in the crow's nest, aloft; *Patria, 92, 411. Luffing. — Improperly; Viola, 59, 632; 2 points, in extremis, immaterial; Grace S., 63, 163. Wrongful through bad lookout; L. I. Sound; Kenil- worth, 64, 890; same, off Ba/rnegat; Walleda, 64, 807. Do., luffing just after crossing tug's bows; Elmira, Mss., 1355. Often charged, here proved; *Alene, 74, 268. Is required, in order to aid in avoiding col- lision when clearly necessary and easy; Rule 21, *Patria, 93, 411. See In extremis. Keeping Course, Privileged Vessel. Malice. — Erie Canal. Steam canal boat. Suction. Third boat hit; * Venus, 16, 792. Crowding; Bay Queen. 37, 813. Margin to be Safe. — See Close Shaving, p. 49. Safe Margin, p. 72. To allow for all contingencies; Naval Mines in channel way at the Narows; War Regulations; a swinging tow goes on wrong side; notice and signals by Govt, boat disregarded; Chalmette, 93, 500; upsetting a repair boat GOLLISIO'S.— Margin. 65 by sagging in crosstide and in disregard of notice given; miscalculating effect of tide; *Middleloii, 1 1 O, 1001; Stern, 1 1 O, i)90. MiD-RivKR. — See Statiiies, p. 7G. Mistake. — In locating vessel's bearing, by viewing her from one side, instead oi from the line of the stem. Dorian, <;,S, 1018; tGypsuni Pr., 57, 859. As to the other vessel's course; *Araboy, 22, 555; Orange, 04, 141. MooBliS'G.— Negligent change of lines; storm. Bath 13; Ol, 692; at sea fence, *Ph(enix, 60, 1019. Narrow Channel. — Non-privileged boat to wait; Belle, 34, 669; Aurania, 29, 99; tow's view obstructed; Raritan, 32, 847. At Four Mile Point, must keep to right and not pass vessel ahead; Camelia, 38, 858; do., Negro Point, 37, 238. See Fault. See Hell Oate; not to pass in bend; tow with tide has the right of way; Lamberton. 50, 326; passing, in Hell Gate; Brockton. 47, 333; anchored derrick in E. Kiv., Depew, 59, 791. Navigation. — ^Not credible as alleged, on plotting; Roanoke. 45, 905; Weed, 40, 844; *Ehode Island, 25, 846. See Stopping, p. 76. Navioation, Critique Upon. — ^Distance ahead, computed from bearings and beam changes; H. Keller, 50, 142; Old. Prov. Is., nearness observable from rapid change of bearing; Dexter, 52, 152; manageability at low speed. (See *Normandie, 43, 155) Fulda, 52, 400; Grace S., 63, 163. Neither account of collision accepted; JGypsum, Pr., 57, 859; do. *J. Stickney, 50, 624; whether excessive speed in fog was material; *Saa]e, 59, 710; Aurania, 29, 98. Steam and sail; both stories discredited; Dorian, 68, 1018; same, held that sail vessel luffed; *Alene, 74, 268; Cheruskia, 92, 683; col- lision in fog above Swash Channel, testimony irreconcilable; reversal delayed, dd. Nymphasa, 84, 711; rounding Bay Ridge buoy, change of lights, inattention to first signals, bad lookout, thwarting manoeuvres, bearings and the time of stopping confused; distances exaggerated; Sag- inaw, 84, 705; fog, computations as to manoeuvres; *Patria, 92, 411; same, found not to be overtaking; nine knots excessive in moderate fog; Cheruskia, 92, 683; as to place of anchoring in lower bay; in channel; not in anchorage ground; *Ailsa, 70, 868; extraordinary navigation; *Mexieo, 78, 653; as to distance from pier; *Chicago, 78, 819; as to place of rock in new dug out channel in Harlem Riv.; *Belle, 89, 879. Signals and navigation misunderstood; junction of Main & Swash Chan- nels; reversal delayed. Rule 3, conflict as to position and distance; computations; British Q., 89, 1003; uncertainty whether crossing or overtaking; disputed; *Powell, 92, 408; Cheruskia, 92, 683; as to place of collision near entrance to Gedney's Channel bend, distances run, overtaking, Rule 18, suction; Mesaba, 111, 215. Negogence. — See Close Shaving; Crossing Bows; Fault; Fog; Lights; Look- out; Signals, &c. Negligence. — Burden of proof on liiellant; on contradiction and doubt, held not sustained; on icarping a steamer across the slip and eanalboat impaled; *New York, 88, 556; not identified; A. J. White, 94, 1020; 66 COLLISION.— JVe^%CTce. nor negligence shown in the falling of stone Mns; *Hastorf, 110, 669; nor on a, rear tow boat running up on a widely sheering burge ahead; Baker, lOt!, 87; nor on grounding caused by an obstruction in Harlem River; *Belle, 89, 879; Boston harbor, Taurus, 95, 699. See In Eai- tremis, p. 60. Evidence Insufficient and Fault, p. 54. Obstructions. — See Ferryboat j Piers j Derrick anchored over wreck, lawful; collision excused; Depew, 59, 791; in slip; not waiting; Jackson, 58, 607; by drawbridge, not opened on signal; *Pa. Jl. E., 59, 190; Log sunk on shoal in slip; Pa. R. R., 56, 301; fleet of canal boats tailing down from a longer pier, J. City, lawful; reasonable exit; Medea, 63, 1014; by other boats in slip; notice to move; liable; Express, 49, 764. *Mss. Tow at the end of her usual pier is not a faulty obstruction; Medea, 63, 1014; nor the bridge and rip-rap at Middletown; draw 130 ft. wide, approved by special tribunal; Gildersleeve, 83, 763. Tow run on known rocks near Robin's Reef; *Packer. 69, 741. Tow too near ferry boat's slip; *Alvena, 78, 819; unknovm. rock in a new dug-out channel- way, Harlem River; not liable; *Belle, 89, 879. In mid-channel near Albany, a sunken xoreck, position known; tug answerable; size of tow; tug's power; Levy, '108, 435. Obstructing slip while picking up tow in drift- ing; no lookout or attention to signals; other boat careless, dd. ; *Chase & N., lOS, 110. By the new position of a rock-digger in fog in Boston Harbor; not liable; Taurus. 95, 699. Offset and Subrogation. — By insurers; Anchoria, 9, 840; Hadji, 16, 861. By paying liens; Williams, 15, 558. By one vessel against the other. Alexandre, 16, 282; tCanima, 17, 271; Whitwill, 19, 547; Wm. Mur- tagh, 17, 259; *Hills, 21, 727. Old Boats get half damages when; Bordentown, 16, 273; Wm. Murtagh, 17, 259; Syracuse, 18, 828. See Damages. To give notice of need of special care; Syracuse, 18, 828. Crushed in ice; no notice; half damage; Reba, 22, 546. Jammed in Slip; half damages after notice to clear out; City of Augusta, 30, 844; for no notice; Starbuck, 29, 797; Atalanta, 34, 918; Ulrichs, 35, 308; When full damage; Howard, 30, 280. Run against dock, full damages; North, 37, 270; Hit, no marks, and run 21 months; case not proved; Pierce, 40, 761. Damages on; JPettie, 44, 382. Old rusty bolts in stern plank; Young Ajnerica, 54, 410. Ordinances of City. — See Jackson. 58, 608. Overtaking Vessel. — D. M. Anthony, 10, 760; Bermuda, 17, 397; Reed, 19, 111; Texas, 20, 254; Warren (20 yds. oflf), 18, 559. Flash light not necessary to; State of Ala., 18, 847. See Statutes. "Overtaking." — Whistles on; meaning of; rounding a point; Bay Queen, 27, 813; Hell Gate; JPlyinouth Rock, 26, 40; meaning of; Commodore Jones, 25, 506; Aurania, 29, 98; torch-light required; City of Merida, 24, 229. Means not over two points aft of abeam; Aurania, 29, 98; Non Pareille, 33, 524. Passing forbid at Negro Point; must wait; Northam, 37, 238; do. Four Mile Point; Camelia, 38, 858; at less than 20 yards, Corlear's Hook; Garden City, 38, 860. Should see COJjLISIOT^.— Overtaking. 67 schooner 300 to 500 feet ahead, though no stern or flash-light shown, as required; Savannah, 41, 891; *Saratoga, 37, 119. Doubt whether vessel was two points aft of abeam; JChampagne, 43, 444. Striking a schr., luffing to anchor; H. Keller, 50, 142; passing too near at Cor- lear's H.; JKillien, 63, 172. OVEETAKING. — See Hell Gate, p. 59. At Corlear's Hook should give good mar- gin; JKilien, 63, 172. Must conform to the necessary movements of a leading vessel in avoiding another, with proper signals; Whiteash, 64, 893. Overtaking tug breaks down, collision accidental; No. 3, 91, 803. Uncertainty whether the crossing or overtaking rule is applicable; depends upon relative position and direction of each; small launch in fault; *Mary Powell, 92, 408. See Cheruskia, 92, 683. In overtaking at high speed in N. Eiver and converging one point, the sidewise approach is rapid; no sheer; no duty to attend to ordinary signals astern; over- taking boat liable; Magenta, 93, 254. Same, through delay in shaping course. D. M. Anthony, 10, 760. Tandem barge ran on one ahead widely sheering; fault doubtful; Baker, 106, 87. Pabties. — City not liable for navigation of Commissioners of Charities; Haight V. Mayor, 24, 93; New parties defendant, on defendant's petition; forced intervention; Hudson, 15, 162; 59th Rule. Sec Rules, p. 72. Practice. Personal Injuries. — *Hills (knocked senseless) 31, 727; Harold (foot) 21, 428; Carl (locker) IS, 655; City of Alexandria (hatch) 17, 390. See Infra Pkbsonal Injuries, p. 115. Piers and Slips. — See State Statutes, Obstructions, Wharves. Going too near, Monticello, 15, 474; *Sam Rotan, 20, 333; Motion in, Quaker City, 19, 141; Macon, 20, 159. Projecting beyond; tCanima, 17, 271; Shields, 18, 748. Running too near; E. H. Webster, 22, 171; Active, 22, 175; Swung under propeller blades; stay lines required; British Empire, 34, 493; City of Chester, 24, 91; Suction; surface current; *E1 Dorado, 27, 762: Boom in; close shave; no light; Industry, 27, 767; Projecting boats, swinging; Martino Cilento, 33, 859; Ice in crush- ing; old boats; Reba, 22, 546; Obstructing, a fault; Roslyn, 22, 687 ; *Fanwood, 28, 373. See Wharves, pp. 80, 140. Jamming; delay in casting ofiF; City of Augusta, 30, 844; Going too near. See Statutes. Fault, when material; Columbia, 39, 719; Howard, 30, 280; JDoris EckhoflF, 32, 555; HBritannia, 34, 546. Projecting Boats.— Lee, 31, 570; tSandford, 30, 714; »Powell, 31, 622. Warp across, to have notice; Fulda, 31, 352. On repairing, notice of concealed dangers necessary; Heiscnbuttell, 30, 456; *0'Rourke, 39, 223; In fog, near, at mod. speed; Howard, 30, 280. Old boats jammed, without notice, half damages; Starbuck, 29, 797; Boats moored don't need lights; Rutter, 35, 365. See Faiilt. Going too fast near; Grapeshot, .38, 150; going near a shifting tow; Wilbur, 38, 153; crowding neur; *Rockaway, 3S, 856; near ship dock- ing; Cyclops, 45, 122; obsiructin g ierry hont in fog ; Orange, 46, 408; aihimrt ieTTj boat at the Battery; Baltic, 41, 603; preventing exit; Rio Grande, 3S, 68 COLLISION.— Ker« and Slips. 849; *Mem. in Healy v. Express, 49, 764. Jam in, broken wrist; Mystic, 44, 398; backing across ferry slip; *West Brooldyn, 45, 60. Navigating near, immaterial, when could reverse in time; Intrepid, 48, 327; right in fog, if careful; Midland, 48, 331; but not, to carelessly get into another's slip; JPrinceton, 61, 116; material, at Battery; *Garfield, 50, 620; Stone, 40, 475; *Trans. No. 8, 53, 670; at Corlear's Hook; JClara, 49, 765; JKillien, 63, 172; when catching on center; Fanwood, 61, 523; Gowanus Crk., lines unguarded hitting bulkhead; *Lime Rock, 55, 126; in Atlantic Basin excessive sternway; Carnie, 49, 682; obstruction in slip, not waiting; Jackson, 58, 607; overlapping slip; So. Brooklyn, 50, 588; by tow, as customary in J. City; Medea, 63, 1014; spile pulled out in storm; *Cushing, 60, 110; landing against light canal boat in a strong tide way, at vessel's risk; Moonlight, 50, 478; swinging against and upon yoke of steamer's rudder at pier; *Chalmette, 53, 174; right of exit; other boats obstructing, notice; not liable; *Express, 49, 764, *Mss. A steamer leaving her slip requires a good lookout; col. with tug and tow one thousand feet outside; other vessels; El Rio, 66, 360. On leaving, star- board hand rule applies; contrary signals; *riorence & E., 68, 940. 'Schooner dilatory in wearing round; bad lookout, no effort to avoid collision; Williams, 68, 938 ; large steamers have right to land; if swinging against adjoining piers is necessary, small boats, upon notice, must move away; Etruria, 88, 555. Pro- peller blade of steamer alleged to have been broken off in the slip; on doubt, slip required to be examined for evidence; held liable; *Howard Carroll, 99, 1003; *Mss. 1570. On steamer warping across a slip, canalboat impaled; no notice required, d. ; *New York, 88, 556. Tug going near slips and whistling to ferryboats obscured in the slip is at tug's risk; Chicago, 101, 143. See 06- structions, p. 66. Landing, p. 62. Pilot. — ^Vessel taking, must stop and not veer; *Columbia, 37, 704; to have view unobscured; *Drew & Young, 35, 457. Crossing bows, signals; Cambusdoon, 30, 704. Unlicensed, & inexperienced in rounding Corlear's Hook; JKilien, 03, 172; deck hand in charge; Whiteash, 64, 883; Media, 63, 1014. Pilot Boat. — Mistaking schooner for, should stop; (Champagne, 43, 444. Pleading and Pbacticb. — See Peacticb, p. 118. Real causes of collision should be stated; Garden City, 38, 860-862; Rehearing, not granted on new disputed evidence, JHavilah, 30, 333; owners suing in rem for ship and cargo on apportionment can't have full value of cargo; JD. Eckoff, 41, 156; concur- rent suits in rem. and in personam; one judgment only; re-cross-examina- tion on depositions; *Normandie, 40, 590; 43, 159; on suit; in rem. bond to Marshal and no advertisement, judgment don't bind other lienors; tSundberg, 44, 807; decree joint for distinct damage interests; City Alexandria, 44, 361 ; amendment to increase demurrage denied after apportionment; *Continental, 36, 716. Pounding. — Scow left at sea fence by Bailee; liable; *Phoenix, 60, 1019. Presumptions. — See Burden of Proof, p. 35, 48. Repairs and supplies, p. 125. Char- ter, p. 42; adverse, if no lookout; E. Winian, 30, 245. In favor of ship at anchor; *Rockaway, 19, 449; or moored; Echo 19, 453. Of personal COLLISION.— PresMTOjofeons. 69 credit on supplies to oicner in foreign port, Francis, 31, 715, 921. That other vessel will keep her course ; Haight v. Bird, 36, 530 ; No excuse for neglect to avoid effects of obvious fault of the other vessel ; *ranwood, as, 373; Aurania, 29, 98. Of usual course, in backing out, *Servia, 30, 502; that signals will be observed, not thwarted; HBritannia, 34, 546; *St. Johns, 34, 763. To know usages of slip; Fulda, 31, 351; to know a double propeller when in her usual slip; Willie, 39, 153; of steamer liable to sail vessel, if latter not in fault; Truro, 35, 317. Tliat the other vessel will do her legal duty; Susquehanna, 35, 320; HBritannia, 34, 546; *St. John, 34, 763. Of fault, on running into Pier 45 ; Weed, 40, 844. Privileged Vessel. — See Bight of Way, p. 71. Whether sail vessel or steamer, must aid in a/voiding collision, when doing so is easy and is seen to be necessary, by luffing or reversing; Art. 21; "'Patria, 93, 411; *Little S., 74, 674; *Titan, Mss. 1297, *79, 117; Waterman, 83, 478; City of Augusta, 102, 991. Failure to aid is no fault when the inability of the other vessel is not perceivable till too late; *Mary Powell, 93, 408 ; Clinton, 07, 510; rounding for slip, crossing, without any answering signal; tug near shore should also have given way; dd. Shadyside, 93, 507. A boat entering Atlantic Basin gap is privileged ; Defiance, 93, 521. Promptness, in maneuvering. *Bluebonnet, 10. 150; *Bristol, 11, 156; JCity of New York, 15, 624; D. M. Anthony, 10, 760; Grand Republic, 16, 424; Mary Ann, 11, 336; Vim, 13, 906; *Exeelsior, 13, 205. See Re- versing; Signals. Necessary in maneuvering and backing; Alaska, 23, 548; City of Atlanta, 36, 456; City of Merida, 24, 229; *Columbia, 37, 704; Com. Jones, 25, 506; *C. P. Raymond, 36, 2^1; JGalileo, 34, 286; Roslin, 33, 687; *Fanwood, 38, 373; Standard, 33, 207; *Drew, 35, 457. Enough for privileged boat to act when other can't or won't clear. Acquitted; Belle, 33, 719; *Greenpoint, 31, 231; Gratitude, 31, 232; Susquehanna, 35, 320; City of Albany, 34, 812; *City of Springfield, 39, 923; *Servia, 30, 502; *St. John, 34, 763; Farragut, 35, 617. Con- demned. — iS'ee Right of Way, p. 71. Pbopeli,er. — Cut by blade; The Pennsylvania, 33, 208; Suction; "El Dorado, 37,762; Aurania, 29, 98. Lost in Slip; *Howard C, 99, 1003; Effect of reversing on steering. See Helm, p. 59. Blade broken, slip explored; held done by tug within the slip; *How- ard C, 99, 1003; *Mss. 1570; Key ruptured and propeller lost; held caused by sea perils on a voyage around Cape Horn, not by a prior col- lision in Chili; Homberg, 106, 960. Proximate. — Cause of damage only regarded; Nereus, 33, 448; Reba, 33, 546; T. P. Way, 38, 526. Embarrassment; too near Battery; *Garfield, 50, 620. See Fault, Damages. State Statutes. Proximate Cause, infra, p. 123. QuiCKWATER. — Forward, not proof of full stop; Susquehannah, 35, 320-325. Reckless Navigation. — Bay Queen, 37, 813; Garland, 110, 087. Res Judicata. — In rem. After bond for value, master free from further suit 70 COLLISION. for same fault; tSundberg, 43, 81; but on bond to Marshal, and no ad- vertisement, quere; do., 44, 807. Reversing. — When obligatory, on privileged ship. See Bight of Way, Stopping, p. 76. To be prompt. Monticello, 15, 474; St. of Alabama, 17, 847; Garden City, 19, 529. Necessary in fog when near, Lepanto, 21, 651. At bend, tug & tow; Raritan river; *Bluebonnet, lO, 150. Delayed after contrary signals; *Bristol, 11, 156. Grand Republic, 16, 424. Failure vn, a. iaxAt; Alaska, 23, 548; *Amboy, 32, 555; Nereus, 33, 448; T. P. Way, 22, 739; Necessary when near in fog; City of Atlanta, 36, 456; Pennland, 23, 551; 'SufScient when danger apparent; *C. P. Raymond, 26, 281; (Galileo, 24, 386; Aurania, 29, 98; Should use helm; JNacoochee, 23, 855; Helm has some normal eflfeet; Aurania, 39, 98. See Helm, p. 59. Too late, *Lee & V., 37, 116; Rio Grande, 38, 849; Baltic, 41, 603; John- son, 40, 601 ; Wyanoke, 40, 702. Duty soon as danger apparent, Johnson, 40. 601; Bay Queen, 43, 271; Alaska, 38, 764; *Rockaway, 38, 856; danger proved by the ineffectual starboarding. Gulf Stream, 43, 895. Soon as anchored ship known; Westfield, 38, 366. In time, if other had not taken unexpected and forbidden course; JLa Champagne, 47, 122. By privileged vessel sufficient, soon as the other is not likely to clear; *West Brooklyn, 45, 60; Talisman, 36, 600; Cement R., 38, 764; *Express, 44, 392. See Right of way, p. 71. Sufficient, if as soon as any danger or neglect is visible; *Peerless, 48, 844; Transf. No. 5, 49, 398; Syracuse, 49, 477; Lowell, 58, 701; *Dakota, 60, 1020; Fanwood, 61, 523; *Orange, 64, 141; wrongly delayed or omitted by privileged vessel after danger visible; Baltimore, 56, 127; Stone, 49, 475; Don Juan, 50, 618; Jackson, 58, 607; do., by non-privileged vessel after danger visible; Intrepid, 48, 327; *Phcenix, 50, 330; Van Houghton, 50, 590; Brin- ton, 50, 581; 59, 714. ^^ It is sufficient to reverse as soon as that is apparently necessary ; *Orange, 64, 141; El Rio, 66, 360; required of a crossing tug, on hearing a ferry-ioat's starting signal only 500 feet distant; Garrison, 65, 253; wrongly delayed after first contradiction of near signals; material; reasons for the rule; Catskill & St. John (re Central), 93, 1010; same, delayed in fog in lower bay; Nymphsea & May, 84, 711; time for stopping computed and manoeuvres, *Patria, 93, 411; required in order to avoid a moored vessel and the blow of another boat in Newtown Creek, fMascot, 66, 74; justifiable in the privileged vessel, on contrary' signals when danger is near and reversing is apparently necessary; Friesland, 76, 591; the duty of the privileged vessel, when it is clear that the other can not or will not avoid collision; *Little S., 74, 574; *Mary Powell, 93, 408; City of Augusta, 103, 991; sufficient if done then, or as soon as the danger is apparent; tug disabled. No. 3, 91, 803; *Columbia & Eagle, 93, 936. Wrongly delayed when signals are heard or ought to be heard near in fog. Maun Chunk, Mar. Reg., June 19, 1895; *West Bkn., 106, 751; same, after two whistles to cross bows not assented to; Saratoga, 77, 224; *Col- vimbia & Eagle, 92, 936; same, at Atlantic Basin gap by tug inside; Defiance, S3, 521 ; Same in Kills, when crossing bows to go to landing; King, 106, 980; Must be prompt imder Inspector's Rule 3, on head and head meeting; push tows; COLLISION.— i^fDera%. 71 Mahan, 106, 80; Not required if reversal would run the vessel into a pier; Forguson, 107, 155. Ohligatory on crossing vessels near the junction of Swash and Main- Channels, when the navigation is not understood or inconsistent with the understood signals; Inspector's Rule 3; computations as to positions; British Queen, Sf>, 1003. Right of Way. — See Privileged vessel, p. 69. Ferry-ioats, p. 56. Reversing, p. 70. Privileged ship to give way when the other loill not, or cannot, avoid collision. No right of way into collision; America, 32, 845; Aurania, 29, 124; *Baltimore, 34, 660; *Fanwood, 28, 373; *J. S. Darcy, 29, 644; Non Pareille, 33, 524; »Senff, 32, 237; JSammy, 35, 327. Same though turning; Columbia, 29, 716. Disputed in approaching Gedney's Channel; Aurania, 29, 98. Lies with descending tug; Belle, 34, 669. Two whistles first given by privileged vessel don't change turden; Columbia, 20, 716; but waives privilege, and the other may cross; Sus- quehanna, 35, 320. Descending ship has, in middle passage at Hell Gate; Dasori, 47, 330; do. near Gedney's Channel (?). Waived by whistling under Article 19 (?); JLa Champagne, 47, 122. Privileged ship must reverse when danger evident through other's fault; *Rockaway, 38, 856; Garden City, 38, 860; Rio Grande. 38, 849; Baltic, 41, 603; Enough, to do so when other vessel is not likely to clear. See Reversing, p. 70. Off Sandy Hook, must port on one whistle; thwarting; tChampagne, 47, 122; in boat making a landing, over one hugging shore, at Battery; Stone, 49, 475; in boat going with tide; Hell Gate; Dasori, 47, 330; same, bend. Hud. Riv. ; Lamberton, 50, 326; boat having, must give timely signal; Van Houghten, 50, 590; no preference to boat improperly near slip, over one going out; Don Juan, 50, 618; don't excuse inatten- tion, or not reversing; Baltimore, 56, 127; not in fault, when tug was to be expected to keep away; Brooklyn, 62, 759; Fulton, 62, 604; sail ves. must tacTc rather than run into a tow; Taylor, 52, 323 ; Rose C, 52, 328; none into collision; privileged vessel to give way when col. foreseen; Jackson, 58, 607. Is with sail vessel on starhoard taclc; bad lookout; Grace S., 63, 163. Starboard hand rule applies on leaving dock, contrary signals; *Florenee, 68, 940. Privileged vessel must give way, if possible, when that is seen to be necessary to avoid collision; *Patria, 92, 411; *Little S., 74, 574; *Titan, 79, 117 *Mss.; City of Augusta, 102, 991; At Horn's Hook, JNo. 8 & W., 82, 478. In boats entering Atlantic-gap Basin ; Defiance, 92, 521. Risk op Coiusion. — ^Meaning of; Aurania, 29, 98; Backing vessel; tGalileo, 24, 386. Rounding to. — To observe rules; crossing bows; custom unavailing; Farragut, 35, 617. Rules of Navigation. — See Inspector's Rules: Starboard rule don't apply to encumbered tug in extremis at Battery; *Trans. 8, 53, 670; don't relax duty to keep good lookout; Savannah, 41, 891. Don't lessen duty of lookout; Savannah, 41, 891. New Rules applicable near Gedney's Chan- nel; Article 19 not to be acted on by prwiZejretJ vessel; Mitsf change course 72 COLLISION.— flwies of Nav. on whistling; JLa Champagne, 47, 122. New rules ambiguous; "Har- bor," not below Narrows; applied as understood; Aurania, 29, 98; Non Pareille, 33, 524. Apply to long hacking; *Servia, 30, 502. Rule 3. — Of Inspectors; to signal in doubt; fDoris E., 32, 555; Municipal, 34, 812. Rules. — 59th, Origin of, Hudson, 15, 162; Adding vessels defendants; E. H. Webster, 22, 171; Departure from, presumed fault; British Act, 1873; Alaska, 22, 548; City of Atlanta, 2e, 450; Nereus, 23, 448; Pennland, 23, 551; Conflict in overtaking and crossing; Commodore Jones, 25, 506; Departure immaterial; The Eosedale, 22, 737 ; Burden on violating, sustained; JGalileo, 24, 386. Bringing in vessel defendant; ^Britannia, 34, 546. Petitioner, if unsuccessful, pays costs ; *New York, 34, 757 ; John Cottrell, 34, 907. May bring in oioners of another vessel (Rule 15) in personam; tI>oris Eeklioff, 32, 555; or a wharfinger; Joiee, 32, 553; City of Lincoln, 28, 835. Bee Practise, p. I20-I. Rule 18. — In overtaking and passing at a. bend, signals must be first given and answered. The Rules of Navigation don't sanction relaxation of the vigil- ance previously required; Gedney Channel, place of collision disputed, computations; stiotion in shalloiv water; dd. Mesaba, 111, 215. Safe Maegin. — Bee Crowding, Fa/ult, Close Shaving, Yawing. For contingencies ; Aurania, 29, 125; for swing of tow by the tide; Belle, 34, 669. To prevent fear in turning; IfBritannia, 34, 559; for passing; *City of Springfield, 29, 923; Raritan, 32, 847; 50 feet at night too little; Rose, 28, 104; 100 feet in harbor by day enough; *St. Johns, 34, 763; for yawing in starting; Wells, 29, 216. Necessary to allow for leeway and yawvng; *City St. Aug., 52, 237 ; must make the other's light broaden off more; JGypsum Pr., 57, 859; Grace S., 63, 163; Dexter, 52, 152. Sagging. — 'See Tide, p. 78. In high wind, neglect to notice; Burnett, 46, 415. On encroaching canal boats, in entering slip; So. Brooklyn, 50, 588; to allow for and provide against, in keeping away; *St. Aug., 52, 237; in E. Riv., Intrepid, 48, 327; Vandal, 59, 796; at Hell Gate; Dasori, 47, 330; do.; Brockton, 47, 333; Grace S., 63, 103; tKillien, 63, 172. Sail ves. sagging on a tow while reefing; Rathburn, 88, 529; See *Middl., 110, 1001; Stern, 110, 996; Rapid approach sideways in overtaking, on a con- vergence of one point; miscalculation; Magenta, 93, 254. Unusual amount by a light sailing vessel in a light wind; ly^ points difference between true and apparent courses; no fault; *Iroquois & P., 91, 173. Sail Vessels. — See Beating, Yawing, Tacking. Short-handed; when to change course; JNaeoochee, 22, 855; *Isle of Pines, 24, 498; Haight v. Bird, 26, 539; *Columbia, 27, 704; Not keeping course, when material; Rose- dale, 22, 737; do. T. P. Way, 22, 739. To take means to avoid col- lision in fog; ^[Martello, 34, 71; or in danger; Non Pareille, 33, 524. Yawing; bad lookout; Rose, 28, 104. Changing course, don't excuse steamer, if collision avoidable; *Allianca, 39, 476; Idlewild, 39, 115; On a failure of wind, should anchor; fJansen, 44, 773; Media, 45, 79. To avoid a slow tow; Taylor, 52, 323; Rose, C, 52, 328. Bark and Sch., both free, one on port tack mxist keep away; bad COLLISION.— S'aj/ Vessels. 73 lookout, leeway, luff in extremis; Grace S., 63, 103; same, lioth free, both luff, bad lookout, dd.; Vtalleda, <>4, 808. Ship and sch. in fo(j, bad lookout; horn not properly sounded; mechanical horn not used; help not given, " sailing away " ; Kenihvorth, (!4, 390. Yacht's lights too much crossing; screens had, misleading the steamer, which however delayed keep- ing off more when its necessity was evident from yacht's not drawing astern; dd.; *C)ty of Norwalk, lOG, 982. Excessive speed in fog; Har- old, 84, 698. Schooner under leeway passes to windward of long tow & reefs near and sags into collision; dd. Rathburn, 88, 529. Must aid in avoiding steamer when easy, and plainly necessary. *Patria, 92, 411. Salvage. — See Salvage, p. 126. Unavoidable damage done in slip by collision during a salvage service in fire; salvor must pay the damage, but may recover it back as a necessary expense in the salvage service; Ashbourne, 99, 111. Seamen. — See Seamen, infra, p. 129. Not privy to owner's fault in not sup- plying a proper fog horn, *Niagara, 77, 329. Sheer. — See Tide. Corlear's Hk.; JClara, 49, 765; fKiHien, 63, 172; Express, 44, 392. Discredited; tug and tow, L. I. Sound; inattention, bad look- out; Eagle, 69, 157. In N. River, alleged sheer disproved; Miscalcula- tion in overtaking a tug on a convergence of one point; Magenta, 93, 254. Signals. — See Fog, Lookout, Lights, Overtaking. Whistles must be answered; Nereus, 23, 448; Roslin; 22, 687; to be repeated if not answered; *Drew, 25, 457. Assenting don't change burden to keep out of the w^ay; *Greenpoint, 31, 231; tSammy, 35, 327; Columbia, 29, 716. ^Yhen it does so; Susquehanna, 35, 320. On conti-ary signals, should stop; Dillon, 30, 285; Must be given by long tow in fog; C. of Alexandria, 31, 427. Contemporary, drowned, Nereus, 23, 448; Central, 93, 1010. To be given and answered promptly; dd. *Blue bonnet, 10, 150; tB. B. Saunders, 19, 118; Thompson, 12, 189; Garden City, 19, 529. If con- trary, danger begins, G. Republic, 16, 424. Horns at sea. State of Ala., 17, 847. Assent required to vary rule, Hudson, 14, 489; Webster, 18, 724; Garden City, 19, 533. Bell not i-equired in short squall; *Rockaway, 19, 449. Assenting, does not require ship at rest to start up. Vander- bilt, 20, 650; Garlick, do., 047. ToiD signals necessary in fog; *L. Holburg, 36, 914. To be given from long tow in fog by helper; tCity of New York, 44, 693; JRaleigh, 41, 527. Required by prudence when beating and lights hid; *Saratoga, 37, 119; to ferryboat coming near a moored tug in fog; Orange, 46, 408; Omitted, cause embarrassment; ^Express, 44, 395; Pilot bombs in fog not heard; *Normandie, 43, 161; Unanswered do. demand caution; Grapesbot, 38, 156; two whistles required by tow leaving slip; Rio Grande, 38, 849. By anchored ship in Fairway, four minutes apart insuffi- cient; Middletown, 44, 941. Negligently omitted, supra, do.; Weed, 40, 844, if assenting, required to act accordingly; *Lee and Vanderbilt, 37, 116; do. in Hell Gate, keep on right side of channel; Brockton, 47, 333. Necessary on meeting at Negro Point; JJosephine B., 45, 909. Must wait for answer before crossing bow, at Astoria; Trans. No. 5, 74 COLLISION.— %naZs, 49,398; at Battery; Stone, 49, 475; whistles; delayed or omitted; im- portance and necessity of to prevent mistakes in crossing bow, or when head and head, or at a bend; in Hud. Eiv.; Van Houghton, 50, 590; do., Anthony's Nose, liquor; *Ice King, 52, 894; do., in Hell Gate; Arrow, 45, 912; *MeCullough, 55, 98; do., at the Battery; *Garfield, 50, 623; do., Oorlear's Hk.; JClara, 49, 765; Bell rung, though not heard, by vessel preparing to anchor; *Buffalo, 50, 630; do., by steamer going 11 knots in high sea; Fulda, 52, 400; inattention by schr. to disabled steamer's whistles; *E,iversdale, 53, 286; to ferryboat's; Baltimore, 56, 127; place of a wreck; any good warming signal sufficient notice; Ceres, 53, 665; N. Riv., contrary whistles; thwarting manoeuvre (See Thwarting), tug and ferrybt.; Grossman, 58, 808; do., crossing bows; *Orange, 64, 141; misunderstood; whistles not a substitute for a good lookout; Chi- cago, 61, 521; Brooklyn, 62, 759; fog signals unnecessary within pier lines; JPrinceton, 61, 116; signals disregarded, Lowell, 58, 701; horn of anchored vessel misleading; Battler, 62, 612; alarm signals wrongly omitted; Baltimore, 56, 127; when signals unanswered; do., Chicago, 61, 521. Navigating contrary to, see Thwa/rting, p. 77. Rules 1 and 6 are designed to prevent mistakes; hence signals must be timely; delay within the half mile limit of the rule or waiting till signals are thought necessary, is at vessel's risk; such delays held material in Catskill and St. John (re Central), 92, 1010; Mesaba, 111, 215; Saginaw, 84, 705; JGuyandotte, 92, 931 ; Mahar, 106, 86. Signals wrongfully contradicted, on the supposition of a mistake by the other vessel; *Orange, 64, 141; The first signal should be repeated if not answered; Ferguson, 108, 973; Given too late; Hallett's Point, overtaking; reply immaterial; Sam Sloan, 65, 125; same, between tugs and tows 300 to 400 feet apart in L. I. Sound; inattention; Eagle 69, 157; not heard, from coming contemporaneously with one's own lohistle; Central (Catskill), 92, 1010; not heard by lighter in fog; lighter should be out of ferry-boat's track, Whitehall, 68, 1022; Going to the left on a 2-whistle signal unanswered is at vessel's risk; *Little S., 74, 574; Friesland, 76, 591; Ferguson, 108, 973. Contrary Signals. — On leaving dock. Eight of Way; starboard hand rule; *E1- dorado, 68, 940; on crossing courses & contrary signals, if in danger, the privileged vessel may stop; Friesland, 76, 591; long tow in fog must give signals showing its position, or should wnchor; tug to arrange for signals from the tow, and for the movements required; Harold, 84, 698; *Whitney & Shamokin, 77, 1001. Delayed: On crossing courses, and a misunderstanding, should stop; Saginaw, 84, 705; JGuyandotte, 92, 931; nearly head & head; Central (Cats- kill and St. John) ,92, 1010; head and head,^viali tows,signals not repeated, late reversing; Mahar, 106, 86; in crossing to make a landing in the Kills; special care needed; King, 106, 980; on entering the Copper- Works smoke in the Kills; *Archie C, 106, 984; answer delayed to steamboat rounding into her slip; Shadyside, 93, 507; answer not given, as re- quired by Rule 18, to overtaking vessel at a bend; Gedney's Channel; dd. Mesaba, 111, 215. COLLISION.— %na««. 75 Signals necessary in going up past Horn's Hook though not intending to round it; Waterman, 83, 478; must navigate accordingly, and slow, if necessary; *Vandercook, 88, 559; required from a ferry-hoat leaving her slip, not heeded; *Kosedale, 88, 324; not heeded, while ohstruoting slip; *Chase & N., 108, 110; when misunderstood, or when the naviga- tion is apparently inconsistent or not understood, prompt reversal required by Rule 3; Swash & Main Channels, dd. British Q., 89, 1003; not ob- ligatory upon a vessel being overtaken under the former rules; signals astern, unless overtaking, need not be noticed; Magenta, 93, 254. Slackening 'Speed. — ^Not required when danger not apparent; Bay Queen, 37, 813; Required when danger apparent, though having right of way; JGalileo, 34, 386; 28, 469. Sups. — See Piers £ Slips, p. 67. Wharves, p. 80. Smai-l Boats. — Becalmed, must use oars; Rule 24,- Bay Queen, 42, 271. Naptha launch crossing steamer's course, on her port side, must keep away; *Mary Powell, 92, 408; lighter in fog to avoid ferry-boat's usual track, Whitehall, 68, 1022. Smoke. — Of copper-works in the kills; duty to signal hefore entering & while in it at night; dd.Wilbur; M. Reg., April 3, '95; dd.; *Archie C, 106, 984. Occasionally obscures lights off Quarantine; *Ijeary, 110, 685. Soundings. — Duty to take, in fog; *Express, 48, 323, *Buffalo, 50, 630. Speed. — ^High, demands great caution; Alaska, 22, 548; In fog, 6 to 7 miles not moderate; tNacoochee, 22, 855; Moderate, means reduced speed; Penn- land, 23, 551. Must be such as not to injure others by swells. See Swells, p. 77. Immoderate, if not "reduced" from full speed; tCity of N. Y., 15, 624; Rhode I. (15 m.) Sail vessel (7 m.), 17, 554; Vesper, 9, 569; State of Ala., 17, 847; 13 m. across Hudson; *Hills, 21, 727; Edam, (7 m.), 21, 651. Moderate, Lepanto (4 m.) ; immoderate (7 m.), Edam, 21, 651. Too great on a converging, narrow angle; Aurania, 29, 123; ferry-boat must moderate in fog; Howard, 30, 280; 5 knots too much in steamer at Sandy Hook; 4 in bark; fMartello, 34, 71; near piers to be able to stop before striking; St. John, 29, 221; into fog bank at full speed, liable; Alexandria, 31, 427. Excessive, 14 knots in dark night, North River; *Saratoga, 37, 119; in fog 13 J knots; Britannic, 39, 395; do. 7 knots (%) by steamer and 7.6 knots by schooner, Wyanoke, 40, 702; do. 11 knots, (discussed) *Normandie, 43, 151. Moderate, 7 knots, when lights visible i mile ; *A1- lianca, 39, 476. How applied to ferryboats in fog; Orange, 46, 408. Excessive; 6 knots, with long projecting tow near Brooklyn shed piers, at night; Intrepid, 48, 327; 10 knots, near the Battery; *Garfield, 50, 620; in East Riv.; Express, 55, 340; backing in Erie Basin, Carnie, 49, 682; to be moderate near slips, Don Juan, 50, 618; *Transf. No. 8, 53, 670; in fog in Lower Bay, 7 kn., critique on, Orizaba, 57, 247; 15 knots, running into fog bank; computations; *Saale, 59, 716; 10 knots by schooner, Ellis Is., Rose C, 52, 328. In thick fog at sea, 8 to 10 knots, excessive; nearly full; *Niagara, 77, 329; 76 COLLISION— Spee(?. same, Nantucket Shoals; Cheruskia, 92, 683. Must be reduced when signals heard near; *West Bkn., 106, 751. 7 knots excessive for ferry-boat in fog; inattention to signals; Maun Chunk; M. R., June 19, '95. 7 knots is excessive in fog off Fire Island ; " half speed " is ordinarily two-thirds of " full speed " ; *Patria, 93, 411; 6 knots by saM vessel is excessive; Harold, 84, 698. In East River 12 to 13 knots is excessive at all times; statute allows but 10; *Rosedale, 88, 324. On conflict, how ascertained; computations, distance traversed, rate at collision; *Patria, 92, 411. In passing near ferry sUps at night in North river, 10 knots dangerous; usage does not justify it; City of Augusta, 103, 991. Standing by. — Required by Act of 1890; neglected; steamer held in fault; Kenilworth, 64, 890. Statutes. — U. S. Harter Act of 1893, construed and confined to cargo claims; Viola, 59, 63; 60, 296. Permit to anchor derrick in E. Riv. ; Act of 1888, Depew, 59, 791. See Hautek Act, p. 97. Statutes. — To go in mid river; 15, 476; 19, 555, 451. When immaterial; tE. A. Packer, 30, 327. When material; *Maryland, 19, 551; *Sam Rotan, 30, 335. To keep "20 yards" off, Warren, IS, 559; Thompson, 13, 189; Uncle Abe, 18, 272. Twenty yards; Bay Queen, 37, 813; British Act, 1873; Alaska, 33, 548; City of Chester, 24. 91; "Mid river," requirement material; ^Britannia, 34, 546; JDoris E., 83, 555; Spraker, 39, 457; Dillon, 30, 285; *Darcy, 29, 644, Columbia, 29, 719. Binding as to mid-river, and 20 yards off; material, Garden City, 38, 860; *Rockaway, 38, 856. Wrong Side, pass to right; *Express, 44, 392; When immaterial, Emperor, 46, 143; Francis, 44, 510. See Personal Injuries, p. 67. Going too near piers; material; N. Riv., Chicago, 61, 521; outlook obstructed near Pier 7; Senff, 53, 669; *Trans. No. 8, 53, 670; at Corlear's Hk., tClara, 49, 765; JKillien, 63, 172; at Battery, Stone, 49, 475; speed exeeding 10 knots; *Garfield, 50, 620; crowding into narrow passage not 20 yds.; Dorothy, 59, 636; to go in mid-river not applicable in fog ; Midland, 48, 331. State Statutes. — Require to keep middle of East River as nearly as may be; violated by ferry-boat at Corlear's Hook; material; JKilien, 63, 172; by going near shore and obstructing access to steamer's slip; 'Shadyside, 93, 507; same at Battery; Garrison, 65, 253; *Lawrence, 97, 351; near Brooklyn Bridge; Ferguson, 108, 873; Same duty in Kills at Con- stable Hook; Smoke; Pioneer, Mar. Reg., April 3, 1895. Limits speed to "10 knots in East River"; violated; Shadyside, 93, 505; *Express, 55, 340; *Rosedale, 88, 324. STEERiNG.^Six knots enough for; Fulda, 53, 400. Sternway. — Too great in leaving Atl. Basin; Carnie, 49, 682. See Backing, p. 47. Stopping. — See Reversing, Right of way. Lawful, in stream, Garlick, 20, 647; Vanderbilt, 30, 650. When Illegal; Mayumba, 31, 476. Theory of time and distance traveled, on reversing full speed. Tables for dis- tance traversed when time of slopping is known; *Norniandie, 43, 160; time and distance of; Britannic, 39, 397; stopping from 10 knots; JLa Champagne, 47, 122; *Patria, 92, 811; Aurania, 39, 121; *34, 555. COUASWS.— Stopping. 77 See Keeping Course. At 10 knots speed, not practicable to stop within 500 feet; Fulda, 52, 400; within 1000 ft, running only knots; *Saale, 50, 716; fault to stop after agreement to cross ahead; *Nutmeg State, W3, 847; except in doubt and in extremis; *Phoenlx, 50, 330; in fog, to stop dead; Midland, 48, 331; City of N. Y.. 147 U. S. 79, 84. Required, on uncertainty as to the intent of the other vessel; Insp. Rule 3; Saginaw, 84, 705; same in dense fog when signals are heard near; Nymph- sea & May, 84, 711. Distance traversed after reversal and the rate at collision computed; *Patria, 92, 811; Cheruskia, 02, 683. Suction. — Slight, between equal vessels passing in deep water; Marten, 50, 729. Large steamers overtaking and passing within 100 or 150 feet, at the west entrance of Gedney Channel; in shallow water, its elfect much in- creased; Rule 18 not observed by either vessel ' as regards signals, dd. ; Mesaba, 111, 215. At the Hoboken fire, the Bremen drawn out of her slip by the suction of Kaiser W.; Ill, 228, 231. See *Venus, 16, 792; *E1 Dorado, 37, 762. See Swell. Sunken Boats. — See Oistruction, p. 66. Continued towing, tug's risk; o^vner must care for, on notice; Scott, 59, 639. Collision while raising, E. River, excused; Depew, 59, 791. Swell and Suction. — Causing damage, duty of steamer to keep away; "Drew, 22, 852; The Rhode Island, 24, 295; From propeller blade; *E1 Dorado, 27, 762; Boats fastened too close; shovellers; Morrell v. Rhinefrank, 24, 94. 'See TuG & Tow, p. 78 ; Suction, ante. Comparatively slight in deep water; Aurania, 20, 120 ; Steamers pass- ing in North River to avoid, by waiting; speed to be moderated or propel- ler stopped while passing; New York, 34, 757; not to injure small ioats; Atalanta, 34, 918. By ferry-boat; Garden City, 38, 860. Swells and Subging. — Caused by too great speed in going near Pier 1; wind- lass broken; neglect to take up slMk steel line in changes of tide; dd. New Hampshire, 88, 306. See Rusted, 56, 1022. Tacking. — See Turning, p. 80. In front of approaching vessel; fault. Mary Ann, 11, 336; or immediately after crossing her bows; Elmira, Mss. 1355. Near obstructing tow. Com. Jones, 25, 506; In edge of eddy; Haight v. Bird, 26, 539. Unusual overreaching, not re- quired; Renovator, 30, 194; Swinging 16 points; Nokomis, 30, 711. Near tug, when no fault; *C. F. Young, 45, 505; Johnson, 40, 601. Tack, rather than run into tow; Taylor, 52, 323. Third Vessel. — ^Hurt by others colliding; Grapeshot, 28, 156; North Am., 37, 238; *Venus, 16, 792. Two entangled, drift on a third; ice; Anerley, 58, 794. See Crawford, 68, 939. Three vessels in fault. J. M. Thomp- son, 12, 189; Harold, 84, 698; Lyn4Jiurst, 02, 681. Thwarting MANffiUVRES. — Stopping, without signal; doubt don't justify; f Brit- annia, 34, 546; "St. Johns, 34, 763. Don't excuse if perceived in time to stop; Gulf Stream, 43, 895; Baltic, 41, 603; Secus, a defense; *A1- lianca, 39, 476; 'Express, 44, 392; Media, 45, 79; five changes of helm; 'Holberg, 36, 914; seven points change of course by brig, Roanoke, 45, 905; resuming former course after slight starboarding under Article 78 COLLISION.— rAwortmff. 19. Must port after one whistle, Art. 19, tChampagne, 47, 122; *Peer- less, 48, 844; tug and tow, contrwry signals and crossing bow; *Orange, 64, 141; whistles not heard; Chicago, 61, 521; Grossman, 58, 808; Brooklyn, 62, 759; rounding out of slip, E. E., 2 whistles; thwarted by stopping; *Nutraeg State, 62, 847. Luffhig just after crossing bows. Elmira, Mss. 1355. Through assuming that a ferry-boat's signal was a mistake, and contradict- ing it; *Orange, 64, 141; by stopping 300 ft. outside of slip; false si^rt; Gar- rison, 65, 253. On rounding Bay Ridge; bad lookout, late signals amd inatten- tion; misunderstanding, not stopping; Insp. Rule 3; Saginaw & P., 84, 705. Signals and navigation misunderstood, but reversal delayed; critique on evi- dence as to position a/nd distance; Main and Swash Channel crossing; British Queen, 89, 1003 ; thwarting by not slackemng speed, to fall astern, on an agree- ment by whistles; *Vandercook, 88, 559; contrary whistles contemporaneous, one drowned; misunderstood; signals delayed; head and head; going to the left; Catskill & St. John (re Central), 92, 1010; going contrary to notice re- ceivied, and to signals immediately ahead, through a mined channel at the Nar- rows; Chalmette, 93, 600. Tide. — See Right of way; Sagging. Differs from current; changes much earlier; table of differences in North and East Rivers; *L. Holberg, 36, 914; swinging by cross-current to be provided against. Garden City, 38, 860; in Kills; Rice, 40, 690; in East River, Cyclops, 45, 122; Francis, 44, 510; but not 200 feet out; fJansen, 44, 773. Exaggeration of set of flood towards Pier 45; Weed, 40, 844; Towards Pier 20, Cyclops, 45, 122; from yeffro Pom* towards Rocks; J Josephine B., 45, 909; Descend- ing boat has right of way. Flood Rook and Middle Passage; sagging, Dasori, 47, 330. Sheering caused by tide to be foreseen and allowed for, Cor. Hook; tClara, 49, 765; JKillien, 63, 172; sagging in entering slip, Pier 2, at encroacher's risk; Brooklyn, 50, 588; at Hell Gate, East Ch. ; Brockton, 47, 333 ; do. middle chan. ; Dasori, 47, 330. Vessel boimd to take account of the tide in her manoeuvres; *Titan & Unit, 79, 117, Mss.; Carroll Boys, 80, 414. Sagging in passing through a cross- tide; computations as to the effect of it near Sandy Hook; *Middleton, 110, 1001; Stern, llO, 996; same near Gedney Channel; Mesaba, 111, 215; High tide usually leaves 133 to 135 feet under Brooklyn Bridge; *McMillan, 107, 149. See Sagging, p. 72. Tow. — An obstruction; authorizes tacking; Com. Jones, 25, 506; Liable when her own pilot is in control; *C. P. Raymond, 26, 281; The Stra- thay, 27, 562. Less vigilance required of; *Bxcelsior, 13, 195. Tback of Steamers. — ^Rhode I., 17, 554; Lucy D., 21, 142; *Isaac Bell, 9, 842; Mayumba, 31, 476. To be avoided in fog, Whitehall, 68, 1022. Tug and Tow. — See Tug and Tow, p. 135. Making up, turning in East River; Osceola, 33, 719; North River, Four mile Point; tows meeting; Belle, 34, 669; Tug not held for faulty start by toio; *Anglo. &c. v. Cornell, 33, 798. Too long hawser, no tow signals, thioarting changes; *L. Holberg, COLLISION.— ruir and Tow. 79 36, 914. Stoinging in North River, steamer to keep away, tardy revers- ing; *Lee, and Vand, 37, 116. Bun on dock, negligence presumed; Weed, 40, 844, do. old boat, full damages; North, 37, 270; Shifting tow at Pier A; others to keep away, Wilbur, 38, 153; leaving slip, two whistles necesi^ary; for rounding, use the slip noose; right to clear the slip; Rio Grande, 38, 849; Long tow at anchor, helper to signal; JRaleigh, 41, 527; Lookout necessary; Emperor, 40, 143; Side lights to tow alongside not necessary; false lights, custom illegal j Chase, 46, 874; hoth participating in navigation, both masters on bridge, both liable; opinion of Betts, J.; •Express, 46, 860. See Hell Gate, p. 59. See Stranding: To keep in right half of East ch.. Hell Gate; Brockton, 47, 333; towing on hawser, and alongside; both right in Hell G. ; Basori, 47, 330; too great sternway of steamer, Atlantic Basin, Carnie, 49, 682; N. Riv. Van Wei's Point; bend too narrow for passing; right of way with tide; Lam- berton, 50, 326; tug and schr., concurrent negligence in landing in tide-way against canal -boat; j\Ioonlight, 50, 478; swi/nging J across Kills; Brinton, 50, 581; to be avoided by a fast schooner; Rose, 53, 328; only one vertical light, too long hawser, tow's light unnoticed; Skeer, 55, 123; two vertical lights unnoticed; one light put out by collision; separate lookout required; *Express, 55, 340; fault in not sending helper to keep off anchored vessel; *Heipershausen, 56, 619; must slack hawser to let sail ves. cross; Taylor, 521, 323; too weak tug in East Riv. tide; *Concho, 58, 811; do. in Hell Gate; Brockton, 47, 333; "catching on center"; Eanwood, 61, 523; quick handling of; *West Brooklyn, 45, 60; Fanwood, 61, 523; Senff, 53, 669. Master of tug may maintain action for damages to the tow, as bailee. Buena V., 108, 559. It is negligence to start after dark in thick ice with tow running 40 feet ahead; boatman acting as lookout is tug's agent; Rambler, 66, 355. Hawsers 180 or 360 feet long in day time in the North River, not unusual or culpable; El Rio, 66, 360. Getting adrift by "singling out" in a tide-way; 3 collisions; tug's fault; Crawford, 68, 939. Schooner too dilatory and negli- gent in rounding up river; inattention and bad lookout; no efforts to avoid collision; dd. Williams, 68, 938. L. I. Sound, inattention, signals not given; sheer discredited; Eagle, 69, 157; tow run on rocks at Constable Hook; •Packer, 69, 741. Long tow in thick fog must give signals to show her position, or anchor; dangerous navigation; *Whitney and Shamokin, 77, 1001. Tug, barge and sail vessel; tow 2600 feet long; dangerous navigation in fog; co-operation necessary by prearranged signals from the tow to show its position; all three held ; Harold, 84, 698. Obstructing ferry slip near Starin's pier; tug liable, tow not; *Alvena, 78, 819. Insufficient power, north end Blackwell's Island, *Titan, 79, 117. *Mss. 1297. Sheer by unwieldy barge at Middletown Bridge; accident, bridge not an unlawful obstruction; Gildersleeve, 82, 763. Tug not liable if it is only a helper to a steamer which is under her own control; nor for striking on un- known rocks in a new dug-out channel, Harlem river; *Belle, 89, 879; fFloat 4, 89, 877. Fog arose at Pier 5, E. River, while a tow was left there five hours swinging with tide; held liable for not returning to make the tow fast, or pro- vide needed fog signals, *Hughes, 93, 510. Tug entering Atlantic Basin has right 80 COLLISION.— TV^ and Tow. of way; Defiance, 93, 521. Going to the left; delay in porting; *Carroll Boys, SO, 414. Neglect to keep away from sail vessels; Rathbum, 88, 549. Tandem barge behind overtakens and runs upon the barge ahead through latter's wide sheering; proof of negligence insufficient; Baker 100, 87. Tow should carry spare lines for the ordinary emergencies of navigation. tFloat 4, 89, 877; and an anchor. Brown, 110, 780; outside boat must carry a white bow and stern light, Insp. Rule 11, and a lookout ahead on a long pro- jecting tow; getting adrift, all liable; Lyndhurst, 93, 681; Stranding in Boston Harbor; from a movable rock-breaker, a new obstruction; tug owes only ordinary prudence and skill, Taurus, 95, 700. Obstruction; sunken wrecks in mid-channel near Albany; position known; tug liable; size and power of tug; Levy, lOS, 435. TuKNiNG. — Tug to know what she can do and allow safe margin; Osceola, 33, 719; Gratitude, 31, 232; Columbia, 39, 716. Battery; HBritannia, 34, 546. See Bend, p. 48. Ferry-boat on backing; *Servia, 30, 502. Sail vessel Dilatory; Williams, 68, 938. Unseawobthiness. — ^Worn rudder chain breaks; *Riversdale, 53, 286; drunken master, absent from his post; *Guildhall, 58, 796. See Unseawobthi- ness, p. 137. Usage. — Rounding battery; fE. A. Packer, 30, 327. Hugging shore illegal; Beaman, 18, 334. Uncle Abe, do. 270; *Maryland, 19, 551. Does not require bell at anchor in squall; *Rockaway, 19, 449. Requires light at pier, if projecting; Shields, 17, 748. Line across stream; Echo, 19, 453; Swan, 19, 455. "3 Idle Days"; Bowen, 18, 751. Goods on deck illegal; Canaria, 16, 873. See Usage, p. 138. Stevedore's men to aid coal boat; British Empire, 34, 493; Bad to cross bows to the left at night; *Demarest, 35, 921. Excessive speed. City of Augusta, 103, 991. Waep across stream. Legal custom; Echo, 10, 453. Illegal without due notice, Swan, do., 455. See *New York, 88, 556. Weamng Around. — Inattention to sail vessels by steamer; *Green v. Conip. Gen. 83, 490. Dilatory turning, inattention by both; Williams, 68, 938. Wharves and Sups. — See Piebs and Slips, p. 67. Tow moored at end of usual pier, no obstruction; Medea, 63, 1014. Canal boat impaled on propeller of steamer warped across the slip; notice not required, d. *New York, 88, 556. On leaving slip, steamers to keep good lookout for tows; El Rio, 66, 360. A boat aground slips on a sloping bottom against an- other through slackening of its lines; liable; *Campbell, 85, 462; *Mem. Ferryboat's access to slip icrongfully obstructed by tug and tow; dd. Shady Side, 93, 507; Must keep aivay from steamer making a landing; Ferguson, 107, 155. See p. 140. Whistle.— See Signals, Thwarting, Fault. Meaning of, on overtaking ships; Bay Queen, 37, 813; Error- in locating «« fojr not a fault ; City of Atlanta, 36, 456; Two whistles not assented to. City of Chester, 34, 91; When contrary, should reverse; *Demarest, 35, 921; Necessary on swinging; E. H. Webster, 23, 171 ; Simultaneous, drowned; not an answer under rule; Care in seeing, do.; misunderstanding, do.; Nereus 33, 448; Cats- kill (re Central), 93, 1010. To manoeuvre accordingly; Standard, 33, 207. COLLISIONS.— TTAisiics. 81 New rules; on one whistle, must go to starboard of mid channel; Aurania, 29, 127. After agreement neither to thwart the other, nor change mthout notice; HBritannia, 34, 546; "St. Johns, 34, 763; Susquehanna, 35, 320. Don't change hurden; Columbia, 29, 716; *Greenpoint, 31, 231; When it does; Susquehanna, 35, 320. Optional, at sea; UMartello, 34, 71. Tow held for Jiot toWstJmy in fog; Alexandria, 31, 427. Designed for a third boat; adoption of ; estoppel; Susquehanna, 35, 320; to be given seasonably; Farragut, 35, 617. Under Article 19, must change course on signalling; not compatible with Article 22 for privileged ship to initiate unnecessarily; Inspectors' rules different; JChampagne, 47, 122; Art. 19, must port after one whistle; JChampagne, 47, 122; not to stop crossing, after two; *Nut- meg St., 62, 847; except in doubt and in extremis; *Pho2nix, 50, 330; importance of omission, material, at Cor. Hook; JClara, 49, 765; Van Houghton, 50, 590; at Astoria, *McCulIough, 55, 98; Anthony's Nose, *Ice King, 52, 894; confusion in, conflict; immaterial; *Aller, 59, 491; inattention to tug by ferry-boat; Baltimore, 56, 127. Wind. — See Close Shaving, Sagging, Inevitable Accident. Ordinary effects of, no defence, *C. P. Raymond, 26, 281; The Aurania, 29, 98. Otherwise in a hurricane. Comet, 102, 702. Wind and tide to be foreseen and provided against; Britannia, 153 U. S., 138; Dasori, 47, 330; Intrepid, 48, 327; in landing; Moonlight, 50, 478; wind in slip, not a sudden "gust," Columbia, 48, 325; Germanic, 107, 294. Wind and Tide. — Affecting course at Gedney Buoy; Aurania, 29, 122; at Gov- ernor's Island; IJBritannia, 34, 559; Flood sets to 23d street. East River; *City of Springfield, 29, 923. Tow unmanageable; Gratitude, 31, 232; tow's sagging to be counted on; *0'Brien, 31, 494; The Belle, 34, 669. Sagging by steamer in main ship channel; JChampagne, 47, 122. Witnesses. — Conflict as to lights, or bearing; consistency; JHavilah, 33, 875; Truro, 35, 317; Not seen; *Drew, 35, 789. See Evidence, p. 92. Wbeck. — See Sunken boat. Collision with; in Coney Is. Channel; any warning signal of its place is sufficient; Ceres, 53, 665; Derrick over wreck; col- lision excused; Depew, 59, 791. Wreckage, UMajestic, 56, 244. Wrong Side. — See Oovng to Left, Mid-river, Statutes. Of stream; East Channel, Hell Gate; Brockton, 47, 333; in East Riv., Lowell, 58, 701; many vessels; Grossman, 58, 808; *Concho, 58, 811; of Harlem Riv. draw; Greenville, 58, 805; of Cut Channel; *Energia, 56, 124; of canal; Ashford, 44, 703. Naval mines at Narrows; Chalmette, 93, 500. Yawing.— See Sagging. To allow for; Beta, 40, 899; Rose, 28, 104; Wells, 29, 216; Truro, 35, 318; affects lights; *Allianca, 39, 476; Roanoke, 45, 905. Causing change of lights; *St. Aug., 52, 237; unavoidable; to be foreseen and guarded against by safe margin; Vandal, 59, 796; Grace S., 63, 163. Unsteady course, perplexing; actual course different from real course; Grace S., 63, 163. See *Iroquois & P., 91, 173. Sail vessel working to windward; inattention; *Paoli, 92, 940. 82 COMITY.— See Foreign Law. Foreign refusal of injunction, not to be followed here. Hohner, 50, 369; should allow suits on maritime liens agst. State Receiver, Roy, 59, 784; don't prevent attachment of fund in State Ct. depository, if State Ct. has no jurisdic- ridu; *Vigilaneia, 63, 733. Govt, vessels, Progresso, IG, 491. CONSTITUTIONAL LAW. State legislation competent as to local maritime subjects; death claims; *McCullough, 55, 98; not to change the law in admiralty courts; Lyndhurst, 4,S, 839; *Kate, 56, 614. CONSTRUCTION. See B/L, Custom, Carrier, Charter, Demurrage, Marine Ins., Evidence, Statutes, Wharfage. Broker's commissions " on gross amt. of charter," includes demurrage ; Brown, 48, 115; of See. 4898 as to equitaile title agst. vendee of a patent, is a Federal question; Am. Co., 47, 741; patents; penalties; Sees. 4900 and 4901 cojistrMed together as to stamping; Walton, 51, 17; of marine policy, rider construed literally; *Mark, 53, 170; "reach of ship's tackle"; *Seagur, 55„ 324; in pari materia, Sees. 4235-36 on pilotage; consignee liable for; Reardon, 59, 624; of carrier's liability to cargo, Barter Act, 1893, Viola, 59, 632, S. C. 60, 296. Of Goal Orders, "Not liable for demurrage," fault; Melloy, 37, 377; " Ces- ser " clause, errors corrected; Serapis, 37, 436; Lycus, 36, 919. " Fast as can deliver" requires both hatches; tClenfinlas, 42, 232. "Per hour," after lay days, means each of the 24; Pig Iron, 37, 24. Marine insurance covering bottomry draft, held to cover a draft made bot- tomry by a letter accompanying the endorsement; *Neall, 95, 491 ; of the Ameri- can clause in a marine policy, is by its terms inapplicable to insurance entered under old open policies; Goss, 107, 516. On contradictory clauses in policy, con- struction is against the vnsu/rers, American S. S., 108, 421. Policy on advances and charges covers inland freights paid by the carrier, for which no Uen has been acquired; Clintonia, 104, 92. Telegramis used in construing the contract; The Calabria, 34, 607; To be reasonable; general terms limited; Ah Kee, 22, 519; Same; U. S. v. Dougherty, 37, 730; Of insurance policy; tSidney, 23, 88. That adopted by the parties, upheld; Paving Co., 56, 525; Of treaty, construction of State Dept. adopted, Castro 16, 93. CONSULS. See Ministers, Official Bond. Expenditure ordered, recoverable; Exposition; Appropriation. Leavitt, 34, 623; Fees of, when private; ace. stated; Amendment; *Badeau, 33, 572; Jurisdiction of District Court not aflTected by Act of February 18, 1875; attach- ment against Consul's partner non-resident, upheld; Froment, 30, 385. "In charge of legation," is not a "Minister"; suable in Dist. Ct. ; *Baiz, 41, 732. Discharge of seaman by, disregarded where no hearing; Sachem, 59, 790. See Seamen; JBabcock, 79, 92. May be extradited to another state for trial on charge of embezzlement; *Iasigi, 79, 751. CONTEMPT OF COURT. 83 See Bankruptcy, p. 23, 27. Practice, p. 120. Resisting process, and running away with vessel after service of attachment; *Nevius, 48, 927; interference by Govt, officers with the rooms of the Court and its possession, is a contempt restrainable by injunction order; Lyman, 55, 29. No warrant can run to another District; Manning, 44, 275. CONTRABAND OF WAR. 'See Carrier, p. 36; Neutrality, p. 111. Discharge of a sulphur cargo on the outbreak of the Spanish War, held too hasty during Icnown negotiations for exempting sulphur; ship liable for the expense; JStyria, 03, 474. CONTRACT. Privity of, see Action, p. 21. On delay in completing contract for repairs, the owner on taking possession must pay the contract price less reasonable cost of finishing the work; Lucille, 70, 233. When 20 per cent, of payment in installments for work done is loith- held "till the completion of contract," and the contractor for good cause rescinds the contract before completion, he is entitled to recover full payment for the work done and the moneys withheld, against the principal and the bondsman; Mullen, 109, 817. CONTRACT LABOR LAW. See Immigration, p. 98; Eabeas Corpus, p. 96. CONVEHSION. None, by sale of bean sweepings after tender and refusal; fTimor, 61, 633; 46, 859; nor by daily steamer retaining goods till consignee attends to take them; *Hattie P., 63, 1015. COPYRIGHT. Chromo copyrightable. Injunction. Title must be shown, if not " Author or Inventor." Native proprietor cannot copyright a foreign artist's work. Act of 1870, R. S., §4952, limited to citizen or resident artists. A chromo is a print under §4971. Not repealed by Act of 1870. Youngling, 13, 97. CORPORATION. Agent's authority ; see Principal and Agent, p. 123 ; Practice, Process, p. 122. Mortgages by, under contract; equitable lien thereby is superior to subsequent execution; on sale of bonds below par, plea of usury not available; assent of stockholders not necessary under the prior contract; *Vigilancia, 68, 781. Ser- vice of process on the local agent of a part of its business is sufficient; *Chrystie, 92, 3. COSTS. See Bankruptcy, p. 24, 27; Salvage, p. 126. Recoverable in all common la/iv actions ; Trcadwell, 1 5, 532. Security for Costs, when additional required; Tannhauser, 9, 225. One docket fee on default and reference; Trundy, IS; 607. Several petitioners. Costs to only one if the fund is small ; J. W. Tucker, 30, 129. On tender, divided ; City of New Bedford, 84 costs.— Continued. 20, 57. Not charged on fund, if suit unreasonable; Wright, 16, 482. Denied, if no jurisdiction, Wenberg, 15, 288. Under §823. See 15, 532; 18, 588; 20, 898. Denied if no lien existed, and deft, went to trial, instead of excepting at outset; Monte. A, IS, 338; Dismissal. Act unconstitutional. Jurisdiction. Power. §§975. Absolute by 'Statute, §823, in Com. Law Cases; Cooper, 18, 588. (Contra, 20, 898.) Denied for not stating true fault; *Maryland, 19, 551; for concealment; inevitable accident; Hall, 14, 418. Not allowed to more than one petitioner; Tucker, 20, 129. When paid from fund, or not; Wright, 16, 485. Attached to lien and paid pro rata; Grape- shot, Arctic, 22, 123, 726. On necessary libels for claims allowed; Grapeshot, 22, 123. Disallowed when ground of decision not pleaded; Ocean Express, 22, 176; Upon deposi- tion, not allowed; Alaska, 23, 597; No docket fee on hearing exceptions; An- choria, 23, 669; Withheld for extravagant claim for salvage; 0. M. Hitchcock, 25, 777. In doubtful cases may be withheld; *Chalmette, 52, 174. Depositions. Distant witnesses produced by opponent; Hunter, 28, 842; On Rule 59, paid by petitioner if vessel discharged; *N. Y., 34, 757; Cottrell, 34, 907. Divided when damages are divided, 25, 782; 28, 109; 20, 648; 31, 354, 431; 32, 237, 846; 33, 527; 34, 77; 35, 329. Disallowed. Izzo lO, 779; when excessive bonds exacted; *Marinin S., 28, 664; In discretion of the Court, 39, 715; 30, 377, 705; '31, 162, 432; 33, 560; On probable case, 28, 658; 33, 560; 34, 720; On 59th Rule, *34, 759 ; After tender, 30, 464 ; Counsel fees excluded, 30, 720. Denied, where notice not given of special damage in salving ; Benison, 36, 793; in cases of doubt; China Mut., 39, 879, Pierce, 40, 767; If no jurisdic- tion; Scow, 38, 158; if real defense not pleaded; Olive B., 40, 904; Divided, on interlocutory decree on apportionment; if cargo owner is co-libellant ; Wy- anoke, 42, 80; of reference, charged to party causing it; JD. EckhoflF, 41, 150; on premature suit; Henderson, 38, 36; exaggerated value don't prevent, if no tender; JPettie, 44, 382. A Housed, on a premature provisional suit for yacht wilfully detained in ship- yard; Una, 56, 157; denied, where damage slight, not known, and long delay in giving notice; but vessel running meantime; Don Juan, 50, 618. Denied, if excessive security demanded; Float 5, 50, 573; Swan 50, 447; withheld where deft, succeeds on main issue; Dickie, 49, 390; where no report made of salvage to owner, or prior demand; Ocean W., 53, 285. On mutual fault, all costs divided, though but one vessel damaged; Lucken- bach, 94, 544. Costs of former suit not recoverable in new suit; *Munson, 99, 787. Allowance to insured out of a fund recovered and enuring to insurers by subrogation j Salvage costs not recoverable over against the negligent tug; Stone, 68, 934. COURT ROOMS. Post Office Bldg. ; Courts occupy under the statutes and original plan ; Sec. Treas. cannot dispossess by arbitrary re-allotments of rooms; injunction, Re Lyman, 55, 29. CREDITOE'S BILL. S5 See Bankruptcy, p. 23. Hquity Suits, p. 91. CRIMINAL LAW. See Removal, p. 124; Pensions, p. 114. Intent. When not material in statutory offences; Curtis, 16, 187. Im- possibilities, do., 189. Counterfeiting coin; when complete; Abrams, 18, 823. Civil Service Act, Political Assessments, Curtis, 12, 824. Forgery of Books and memoranda as evidence; extradition; lex loci; Tully, 20, 812. 'Neutrality Laws. Hostile expedition against Hayti; Condemnation; bonding; Hogan, 18, 529. Chinese Immigrants. Restriction against, don't apply to sailors; Ah Kee, 22, 519. Witness's Privilege. See Practice; McCarthy,18, 87. Removal, burglary; breaking in; prior presence; Lantry, 30, 232. Voting at election; Instructions; U. S. v. Seaman, 23, 882; Neutrality laws; Forfeiture; Trade with belligerents lawful; New enterprise abroad; City of Mexico, 24, 23; A'aiiOHo! Bftnfc, " misapplied " funds; conceaJwiew* from directors; variance; XJ. S. V. Fish, 24, 585; Fraudulent importation; *U. S. v. Boyd, 34, 692; In- tent to injure unlawfully is criminal; motive immaterial; Ambrose Light, 25, 426. Selling certificate of naturalization fraudulently obtained. Sec. 5424, Rag- gazini, 50, 923, In indictment under Sec. 5480 for scheme to defraud by false allurements to investment, the false representations must be stated; intent to convert not necessary; Bernhardt, 84, 634. Indictment, alleged tmriance; decoy letter " to be delivered by carrier " ; not material ; Sec. 5467 ; *Hall, 76, 566. Pension cases; Sec. 4746 supersedes Sec. 5421 only when defendant procures another person to make or present a false paper, *Kuntsler, 74, 220. Passing counterfeit bills; evidence of defendant's means of getting them competent; res gestae; Tar- anto, 74, 219; Removal; larceny of stamps; joiner of different offences; Yen- nie, 74, 221. "Fugitive"; "Wilful murder"; not when the death takes place in another country; barred by Statute Lim.; Sees. 1043, 5339; §Hewecker, 79, 59. In- dictment does not show tiro offences charged; pensions, 'See. 5421; Hansee, 79, 303. Sec. 6, sub. 5 of Customs Act of 1890 requires declaration to state whether it is by owner or consignee; entry by false paper; sufficient for indictment to say " falsely declared owner instead of consignee " ; intent to defraud need not be averred; specific section controls the more general Act; Fawcett, 86, 901; See *U. S. V. Baldwin, 107, 104. CUSTOM. See Collision, p. 51 ; Carriers, Damages, Usage, p. 138. Of port, to discharge seamen by the trip; Walsh, 36, 607. Lumber; three "idle days"; *Gates, 37, 154; Loading Coal, wait for all kinds; Melloy, 37, 377; Invalid, to demand freight before fixed by weight, Henderson, 3S. 36; false lights; Chase, 46, 874; of 150 tons chalk per day, superseded by B/L "fast as can deliver"; fGlenfinlas, 42, 232. Fixes Port limits; delivery of tea for "port of New York" not good in Brooklyn; Adelaide, 3S. 753. Determines negligence in stowage, grain; Dan, 40, 691. On shortage of fruit not identified, to take average of cargo; Tangier, 44, 692. Not allowed to vary contract, "Dock privileges"; Brooklyn, 46, 132. 86 CVSTOU.— Continued. Clearance Papers ; allow one day to furnish ; Rumbul v. Puig, 34, 665. Customary Dispatch; not proved; Treasury Reg. don't apply; Guilio, 34, 909. Unproved; maccaronl; Paturzo, 31, 611; Working hours; Principia, 34, 667. As to broker's commission on demurrage; Brown, 48, 115; to deliver tea on N. Y. side; notify consignee if no berth; JMascotte, 48, 119; Charterer's agent "to report to the C. B.," is not sufficient to include ship's vmeard business; •Mignano, 49, 376; to cut logwood three feet long; Dickie, 49, 390; tow's duty to notify of unusual draft; grounding Coney Is. Creek; *Harry, 49, 681; berth to be found in 2^ hours; governs number of hatches to be used; JNether Holme, 50, 434; determines what is "bad weather" for loading; local experts; Prince, 50, 115; determines mode of piling, within reach of tackles; *Seagur, 55, 324; of prudent pilots, shows what is a prudent start In fog; " sun-down glint " ; Battler, 63, 612; none, as to meaning of "about" a named day to arrive, in charter; *Alert, 61, 504. To carry tea and camphor together, not proved; Grlamorganshire, 50, 840. Storage of detonators with other goods, valid; fBooth, 64, 878. For consignee to hold vessels bringing brick at their own convenience, invalid; no custom that the master must reject bad brick on loading; 140,000 brick, 78, 149. Stowing cotton at charter's expense; no contrary usage. Stevedore's rates; *Macy, 91, 671. CUSTOMS DUTIES. See Penalties, Criminal Law. Appraisement, Liquidation and Reliquidation; necessary and binding force of; Campbell 10, 816; Earnshaw, IS, 283; Leng, 18, 15; McDowell, 21, 563; Reliquidation must be within year; suit any time after; hearing of appeals by Secy, of Treasury is quasi judicial; decision final; cannot be recalled or revised. Liquidation and appraisement conclusive on U. S. ; Leng, 18, 15. Reliquidation must precede suit for additional duties. Beappraisement without furthr inspection. Fraudulent discount; McDowell, 21, 563. De- murrer. Ultimate facts only to be pleaded. If indefinite, remedy by mo/io«. Averment of Excess of duty paid with "protest" and bill of particulars, good; Muser, 17, 501. Liquidation as " free," binding till reversed. After seizure, re-liquidation by permission of Court only, and duties to be put in Registry; 35 Cases Plate Glass, Mss. Apr. 16, 1886. Duties on Collection of Antiquities. Superfluous Legislation. Former Acts and Construction not repealed by implication, t65 Teeea Cotta Vases, 10, 880. Warehouse Bond. Reliquidation after seven years. Surety discharged after term of bond. Act of 1874 retroactive; Campbell, 10, 816. Warehouse bonds, surety discharged by Secretary's order to delay sale. Time essential. Statute sale suspends Government's right to sue surety. §2971 ; all are parts of Secretary's contract; DeVisser, lO, 642. Customs Duties. Re-appraisement. Irregularities in personal enemy. Protest and appeal necessary. Demurrer sus- tained; Earnshaw, 13, 283. Match Boxes; coverings; Act March 3, 1883, §7; "other use"; Apprais't and liq. void; Thurber, 3.S, 56. Merchant App's fees; Exaction from importer illegal ; not voluntary ; Treasury Reg., §472 void ; Collector liable to penalty, §2636 Rev. St.; fHedden, 38, 416. Duties not deducted; fSurrey, 30, 223. CUSTOMS DVTIES.— Continued. 87 Sureties' bond discharged by payment of amount liquidated; not revived by reliquidation; Geovgi, 44, 255. 'Bad appraisement, no defense without protest and appeal; Earnshaw. 45, 782. Bond for transportation to N. Orleans; surety takes risk of passage and negligence; officers' fault is not Govt's fault; Coppell, 48, 367; foreign yacht not an import, nor dutiable under tariff laws; tonnage duties; released; 'Conqueror, 49, 99. Entry by a consignee must be so stated; not entered as by oicner; Faweett, 86, 900. See *Baldwin, 107, 104. Drawback not allowed on the hottle, cork or tin foil as materials used in the manufacture of beer bottled for exportation; *Beadleston, 104, 295.' Importer on forfeiture may have return of deposit for unliquidated duties by Act of 1897 as on abandonment; JOne Case Paintings, 99, 426. Mss. 1778. Additional duties, Act of 1897, importer liable for them though the goods are forfeited; *Gray, 107, 104. On seizure and bond given, claimant not bound to pay the cost under Sec. 938, Eight Cases, 98, 416.' Warehouse bond; on sale after three years, original duties to be deducted; *Bux- baum, 80, 885. Liquidation; made after one year valid; no presumption of a prior liquidation; Act of 1874; *Gandolfi, 74, 549, (Jury). Passengers' bag- gage, when not forfeited for non-specification of dutiable articles; see Passengers, p. 112; tPearl Necklace, 105, 307. Under Customs Administrative Act of June 10, 1890, forfeiture is incurred of goods entered by a false paper though agent making entry was innocent, U. S. v. 19 bales tobacco, 112, 779. DAMAGES. See Collision, Old Boats, Charter, Carriers, Personal Injuries, Lien, p. 102. Seaman, $1,500 for injuries by derrick; Municipal law; *Ed. Godden, 23, 43; Divided on mutual fault in various classes of cases; *Max Morris, 24, 860; Divided where tow is improperly abandoned, and the increase not determin- able; *Y. America, 36, 174; For loss of life, recoverable in Admiralty; 'Colum- bia, 27, 704. Not allowed on whole cargo for part injured; JBoskenna, 36, 699. *Marinin S.. 28, 664; Consignee not bound to repair cargo for ship's benefit; Hill 36, 702; Deviation, passenger, $200 returned; Chateau M., 37, 157. None while in custodia legis; Henderson, 38, 36. Divided on boatmen's quarrel; Iroquois, 38, 151; for overloading vessel and grounding; Shaw, 38, 356. On personal injury; Mystic, 44, 398; Frank, 45, 494. By swell of displacement waves; 'Majestic, 44, 813. Stranding, view obstructed by tow; Levering, 36, 511. Deviation, a proximate cause; Willie, 40, 689. Foundering on sub- sequent trip, remote, 'New York, 38, 710; 40, 900. On seaman's time-ship- ment and voyage broken up, wages to date only; Frank, 45, 488. Shortage, see Carriers. Deviation. For damage to part of cargo, sale of the whole is wrong, *Marinin S., 28, 664. Personal injuries, heart disease, $2000, fPers. Monarch, 49, 669 ; not proxi- mate, exposure in water, a new agency; Brinton, 50, 581; do, no rail around hatch, lurch, fingers cut off by sioinging door; Luckenbach, 53, 662 ; See Young America, 31, 753; proximate, after unlawful sale of a patented article to vendee, is the value of the loss of future use; JElectron, 56, 304; proximate, for not cleaning out soda ash, don't extend to the result of a stoppage of sluices by the ash combined with negligent leakage on subsequent voyage; fCenturion, 57, 88 DAMAGES.— Con«mMed. 412; from appointing drunken master, absent from his post, and collision, dam age; do., failure to repair barrels and stop leaks; *Guildhall, 58, 796. On bond for production of invoice, the penalty is not liquidated damages; good only for the duties owing; *Cutajar, 59, 1000. For agent's false representa- tions of no steerage; cholera; quarantine; liable for proximate damage by de- tention, not for accidental discomforts and sufferings after removal; nor for punitive damages; Normannia, 02, 469; water-damage to sugar, polariscope test, sampling, allow average weight of full bags; JEuripides, G3, 140; owner's duty to reduce by subsequent care; Scott, 50, 639; pounding of scow at sea fence; Mayor, 60, 1019; prior dam. not loaived by rescission; Kelly, 51, 194; subse- quent dam. after withdrawal is no lien on freight; *Kate, 63, 707. For negli- gent loss of cattle, cost, interest, ins. and advanced freight; *Hugo, 61, 860. By rats; see tTimor, 46, 859; Italia, 59, 617. To sugar cargo; JEuripides, 63, 140. By iron ports left unclosed; Sylvia, *64, 607. By misfitting port blind or by collision at Havre; critique on con- flict; held bad blind; lack of best test; 'Phoenicia, 90, 116. A cargo port-hole left open on sailing, cause unknown; ship liable; Manitoba, 104, 145. Excessive claim for pumping disallowed; Hastofif, 92, 398. No decree in admiralty for nominal damages; *Straits of Dover, 99, 787. For vessel delayed, damages allowed for reasonable time only; Zambrana, 70, 320. On owner tak- ing possession of unfinished contract, deduction only for unfinished ivorJc allowed; Lucille, 70, 233. Duty to obtain employment if practicable, to diminish dam- ages, not to enhance damages by inaction. Pa. R. P., 50, 335; Scott, 59, 639. Zambrana, 70, 320. Damages unavoidably done by salvor to another vessel, during the salvage service, must be paid by salvor, and treated as an expense of the service, Ashbourne, 99, 111. DEATH CLAIMS. See Collision, p. 52; Personal Injuries, p. 115. For fireman, Corlear's Hook, $5,000 allowed; JKilien, 63, 172. Pilot's yawl capsized, negligence of mate, a, fellow-servant ; State jurisdiction, three- mile limit, d. ; Carlson, 93, 468. Eight of action is statutory only; ordinary right to jury trial should not be taken away by unauthorized enlargement of admiralty jurisdiction in proceedings to limit liability upon only one demand; Eureka, 108, 672. A promising workman drowned from upsetting a, small boat in a mined channel; Sandy Hook, $12,500 allowed; *Middleton, 110, 1001. The action is subject to all the statutory conditions; the one year limit of the New Jersey statute is an absolute condition; not a mere statute of limitations; Stem, 110, 996. On proceedings to limit liability, all such claims have a lien on the fund and share pro rata with others; Catskill, 95, 700. DELIVERY. See Charter Party, p. 44 ; Carrier, p. 39 ; Bill/L., p. 33. DEMURRAGE. See Charter, p. 44. Lien from time of loading. Manufacturers' secret agreement with shipper does not affect, though no title in shipper; express contract; *Blowers, 19, 444. Unsafe Berth. " Three idle days " by usage, include risk of had weather; Bowen, IS, 751. Consignee to provide the ship a berth without struggle; Clay- DEMURRAGE.— ConJinuerf. 89 ton, 20, 799. Wharf named and no lay days; reasonable diligence only re- quired; delay in berth; plaintiff must show fault. Usage for carrier to take risk of delay in Irown stone trade; Fish, 30, 201. No lay days. Salt; usage, 11,000 bushels per day. Purchaser on board; Groun, 10, Ui. Reasonable diligence; ice; salt; usage; rainj Change of berth; purchaser on board, not bound by unknown charter; Honge, 10, 136, 143. Vessel to allow usual moves to aid discharge; Eay, 10, 525. Vessel to find proper berth. Iron rails; refusal to allow landing; lighters not compulsory. Change of berth; 'Tielman, 17, 268. Loose propeller. Stowage by best known means sufficient. Sea- worthiness progressive. Usage; pine wedges. Conflict of evidence. " Damage that can be insured against "; Titania, 19, 101. " Rust," exception changes burden of proof. Crushing wire coils. Voluntary loss of evidence. Black paste adhering; white damage; Vaderland, 18, 737. Hire of barge. Going rates. Contract entire. Notice; Cargo of Malt, lO, 774. Discharge prevented at a dock named is like a physical obstacle, " Near as can safely get." " Proper discharging berth." Wharfage payable by ship. If delay is by fault of neither, and neither is bound as to time, due diligence by each is the rule. Ship must find her own berth; Carsenego, 16, 248. Duty to land at wharf. Lighters. Lay days on general ship run only from berthing and readiness to deliver; secus on charter party. Custom. " Free from on board." " Arrival." Construction of Bill of Lading to be reasonable. Con- signee of port directing ship; tCronsladt, 15, 265. Delivery at Wharf. Light- ers. Special agreement. Revoked. Damages. No costs; Izzo, 10, 779. Dis- charge of Cargo. Election. Estoppel; McLaughlin, 8, 447. Fire: hose; Vis Major; Burden of proof; Paquette v. Lumber, 23, 301; Charter-party excepting delay by " /'j-ost "; Ice; Trimming as customary ; "Ready to discharge," not till berth got; Aalholm v. Iron Ore, 23, 620 ; Lighters : Kainit ; False notice; Diligence; Ship liable for discharge on dock mthout reasonable notice; *Addix v. Kainit, 23, 727; Successive blockades; Customary dispatch; The Spartan, 25, 44; Recoverable for consignee's neglect to gel berth as cus- tomary; *Z. L. Adams, 26, 655; None for delay by grounding without charter- er's fault; Wall 1;. Ijumber, 26, 716; Cesser of liability clause; Note against freight; Hatton v. Belaunzaran, 26, 780. In Charter, includes wharfage and watchman's fees; *Raymond, 28, 765; Dumont, 34, 428; Charter not competent evid. agst. 3d persons; nor Produce Ex. Reg.; $10 a day for bark of 740 tons; Dumont, 34, 428. Ship looks to holder of B/L; Vendee disregarded; Nielson, 30, 138. Clearance papers; Charterer liable for delay; Rumball, 34, 66.'j. Delay at intermediate port; Fall in market ; Guilio, 34, 909 ; in getting selected " Culm," Swan, 35, 307. Re- coupment of demurrage paid another ship; Petrie, 35, 310. If no contract, must prove negligence; offset by libellant's unreasonable conduct; Reilly, 40, 605. Loading in five days after ship ready; "Reach of tackles " waived; Arreco, 36, 606. " To load in turn, no demurrage," held liable for wilful neglect; Melloy, 37, 377. Discharging "per hour," after lay days, each of the 24 counts; Pig Iron, 37, 124; three "idle days" on lumber; agent- consignee is liable; 'Gates, 37, 154; Sutton, 45, 507; Henle, 44, 100. On ice cargo, fifty-seven days; Saugerties, 44, 629. Nine days waiting for berth; tPietro G., 38, 148. " Fast as can deliver," must work all hatches offered, and 90 DEMURRAGE.— Confanaed. at wharf adapted to the ship; Usage 150 tons per day, not a defense; fGlenfinlas, 4a, 232. Oftarter roies not ev. as bet. 3d persons ; Belgenland, 36, 504; JPietro G., 39, 366; nor against iona fide endorsee of B/L, do.; Lost by unconditional delivery; Eeilly, 40, 605; Egau, 41, 830; ten days through unsafe wharf; coal in cars; consignee and wharfinger; Sutton, 45, 507. Arrest for unpaid duties, clearance revoked; charterers' "default"; delay sixty-seven days; Ma- hogany, 46, 129. For delay in giving security on discharging piles in water; Dixie, 46, 403. Accepting part, no accord; B/L silent; long delay, $484; McKeen, 49, 253; none for delay through improper blocking of wharf by ship's stevedore; *Seagur, 55, 324; discharge "as fast as can deliver," don't require a berth for four hatches; night work, substituted expense; delay of inspector; tNether Holme, 50, 434; consignee's delay in finding herth, paving stones, new B/L; construction by the parties adopted; Paving Co., 56, 525; to unload "as soon as possible"; must use ioth sides of deft.'s slip; Egan, 61, 527. For lighter belonging to seller of cargo demurrage is at seller's rish, if no time is fixed for delivery; 70,000 feet of Lumber, 68, 916. When caused through ship owner's insufficient fittings for asphalt cargo, no recovery; *Hine, 68, 920; not allowed for cleaning out asphalt after owner takes and uses vessel; Dene, 103, 983. Warfare at port of discharge excuses delay; neither in "de- fault"; settlement by master; IJBurrell, 65, 104. Allowed after express notice and reasonable time; local and unreasonable customs invalid; custom to exclude demurrage in hridk trade, not proved nor valid; 140,000 Brick, 78, 149. Agree- ment to load " fast as vessel can stow and receive in suitable hours and weather " means suitable where the vessel is; not at a distant place where the lumber is; receipt in full under protest don't bar demurrage; *Durchman, 101, 606. Not recoverable for consignee's dela,y on refusal to accept mvmerdha/ntable lumber, if master knew its character on shipment; but master is not held as an expert; tWhitman, 75, 422. Laydays. Lumber, maritime exchange rules, "board measure"; seven- eighths trimmed, equals one inch by usage; on two places of delivery in bill of lading, consignee is entitled to one day's notice of each, Brown, 93, 227. To begin discharge after "written notice of readiness to discharge"; notice of readiness is false if ship is not then at wharf and ready to discharge; ship delayed in towage; St. Bernard, 105, 994. In So. Mexico, includes Sundays; Master should have permitted loading as tendered; Wilson, Mar. Reg., July 17, 1895. See Charter, Dispatch, p. 44. DERELICTS. See Salvage, p. 129. Destruction of when at sea; dangerous, not actionable; presumably aban- doned; Mersey, 48, 686. DEVIATION. See Charter, Master, Salvage. From Kills into bay, proximate cause or loss; Willie, 40, 689. Passenger carriage, delay in ; C. Margeaux, 37, 157. To tow a vessel in distress; The- baud, 35, 620. A few hours delay in sailing, not; Mahogany, 46, 129. DEVIATION— Confeuerf. 91 Caused by poor condition of tow, requiring salvage service; City of Haver- hill, 66, 159. None by charterer in using vessel within charter limits to collect war news; Ely, llO, 563. Nor in a practice-yacht's going in to Harlem River for oars; Sutcliflf, llO, 560. DINGLEY ACT. Cure of seamen; Discharge; Extra Wages; W. L. White, 35, 503. DISCHARGE OF CARGO. See Demurrage, Usage, Carrier. Rolling over in slip through inattention to topheaviness from ice aloft; Ger- manic, 107, 294. Same, from list and shifting of cargo; Oneida, 108, 886. Ship must guy slings on discharge of a lighter consigned alongside; Vincent, 108, 428. DUNNAGE. Required around masts; *Aspasia, 79, 91. See Linklater, 88, 526. DUTIES. See Customs Duties, p. 86. ENLISTMENTS, IN ARMY, &c. See Habeas Corpus. EQUITY SUITS. See Creditor's Bill, p. 23. St. Umitation, p. 133. Agst. infringement of trade mark; foreign decree not binding here; Hohner, 50, 369; equitable, unrecorded title to patent; federal question; Am. Co., 47, 741, on decree, sell free of liens, and pay them from proceeds; Mead, 58, 312; application for decree on bill and ans., only when cause on calendar; Campbell, 48, 344; Scott V. Devlin, 89, 970. ESTOPPEL. Requires certainty, intent, and legal prejudice; Persiflage, or admission in chance conversations insufficient. Borland, 27, 131; Payment to agent on a paper receipt; fBerwind v. Schultz, 25, 912; Agents' claAms presented through charterer, but not allowed; The Irthington, 27, 143. None, as to mistake in bottomry draft; Serapis, 37, 436. Consignee direct- ing boat to unsafe dock; sewer damage; Harjes, 45, 900. None against true weight on draft with B/L exceptions; McKay, 37, 229. Against Uen for salvage; charterer credited and failed; Cullen, 45, 511. None, agst. limitation of liability, by having given a larger bond to release from arrest; Rose C, 52, 328; none upon ship, by tally receipt in B/L, as be- tween shipper and vendee; Asphodel, 53, 835; no claiming prior advance of freight, as against hire on reshipment in port of distress, when silent at the time; Grace, 62, 607; on master, as to charterer's distribution of cargo as affecting speed, if silent at the time; JCeres, 61 , 701; as to wharfinger's title; *Idlewild, 59, 628. In insurance, agreed value estops both parties; *Int. Nav. Co., 100, 304; St. Johns, 101, 469; De Farconnet, 110, 405. EVIDENCE. See Carrier, Charter, Demurrage, Collision, Custom. Burden of proof changed by "quantity, &c., unknown." Credit Lyonnais, 19, 126. Excellenzen Sib., do., 536; Rust, Vaderland, 18, 737. 92 EVIDENCE Continued. Commision. Answers to be signed, or suppressed; Gary, 9, 754. General Interrogatory. Answer stands. Excel Sib., 19, 536. Depositions on former peti- tion for discharge, same subject, admissible; *Brockway, 13, 69. Fault to be proved by fair preponderance; Hall, 14, 408; Webster, 18, 724; Wiman, 20, 245; City of Chester, IS, 603; tSaunders, 19, 118. See Collision, Evidence Insufficient, p. 54. Loss of, if voluntary, should exclude loose estimates; Vaderland, 18, 737. Oommeroial documents not strictly proved; JBoskenna Bay, 22, 662; Parol, varying charter; allowed only on proof of fraud or mistake; Rawson v. Lyon, 33, 107; Best required; Value of vessels; Stores, City of New York, 23, 61S; Prior telegrams admissible in construction; *Calabria, 24, 607; In actions for penalties and forfeiture, proofs beyond reasonable douht, not necessary; *Hawlow- wetz V. Kass., 25, 765. Burden of proof on ship to excuse rat damage; fTimor, 46, 859; see B/L, Negligence: Parole, to change prior contract, discredited; City Alex., 40, 697; of substituted voyage, not clear; Walsh, 42, 862; ship's log "20 feet" v. Mas- ter's 16 or 20 fathoms; Snow, 39, 324. False, either answer or master; 'Nebo, 40, 31. On shortage, tally required; Havermeyer, 42, 511. Production of documents, see Practice; as to Value, see Auction Sale, p. 22. Parole inadmissible to vary lease; *0'Rourke v. Peck, 29, 223; or agree- ment releasing vessel; *Bolton, 30, 717; Charter controls B/L; Chadwicke, 29, 521; Thebaud, 35, 620; Experts contradictory; broken shaft; *Rover, 33, 515; Seaworthiness ; leaky decks; *Melville, 31, 486. Parole not admissible to show a warrantry of engine power outside of written contract; JElectron, 56, 304 ; explosion of refinery; negligence presumed till reasonable care shown; Davis Oil Co., 61, 631; disputed draft; "about 20 ft."; negligent loss of written ev. akin to suppression; Emperor, 61, 990; pilot's admis- sions, if not part of res gestae, inadmissible; Fanwood, 61, 523; suspicion of denial of knowledge by party in interest; *Wells, 57, 317; lib. testimony insuff., uncorroborated, and contradicted by 5 witnesses; Ravensdale, 63, 624; as to weight of grain loaded, insuff.; Counsel's helping witness; *D. Burns, 52, 159; 56, 605. See Pleadings, p. 117. Carriers, non-delivery of oil, long delay, in government custody, custom house reports not evidence; Seguranca, 68, 1014. Confused and contradictory, as to bearings and time of stopping; Saginaw & P., 84, 705. Parole, not admitted to limit an insurance against leakage, to leakage caused by sea perils; Indemnity, 88, 315. Weight of sugar delivered; conflict; Custom H. weights preferred after long delay; Linklater, 88, 526. Violent landing of tow disputed; * Vic- toria, 88, 524. Agent's testimony as to defendant's admission of a debt for goods sold, not alone sufficient when denied, and no sale or delivery otherwise shown; caution as to confessions; Kaldenberg, 105, 2.j2. Superintendent's declaration, can't change the ship's duty to take goods directly from lighter as required by B/L; Vincent, lOS, 428. Ship's failure to preserve the best evidence, unfavor- able; misfitting blind; 'Phoenicia, 90, 116; or pieces of broken rope to show its quality; Prince, W. I. mss. 1387. See Emperor, 61, 990. EXAGGERATIONS. 93 Exaggeration.— In protest; Eecknagel, 13, 912. As to damages: 'Venus, 17, 925; 'Quaker City, 19, 141. EXCEPTIONS. See Bill L. Carriers, Charter. "Damage that can be insured against"; *Hiidji, 1 G, 861; Titania, 19, 101. Effect of small type in; comments ou; Crooks v. Allan, 5 Q. B. Div., 40. EXCHANGE. In charter party, " current rate " upon London is the rale on sixty-day drafts; old usage not superseded; *Macy, v. Perry, 91, 671. EXECUTION, dormant by inaction; 'Ferguson, 95, 429. EXPLOSION. In refinery, presumably negUgent; Davis, 61, 631. Of detonaters in ship's hold without ship's fault, causing sea-water damage through the hole, is a sea peril; fBooth, 64, 878. EXTRADITION. See Removal, Habeas Corpus. Forgery; in England falsification of books or memoranda is not. Semile, is so in New York, at common law, as a fabrication of competent legal evidence. Blue slips denied; Tully, 20, 812. Naval service includes Marine Corps. Minors over 18 may enlist without consent of guardians, §1117 does not apply; Doyle, 1 8, 369. Chinese Immigration — restriction don't apply to sailors land- ing temporarily; Ah Kee, 22, 519. Warrant may state offense in treaty terms. Preliminary mandate not neces- sary, unless declared obligatory. Treaty with Spain; optional. §5270. Con- struction of Department followed. Malice and want of probable cause. Verdict directed. On telegram, to extradite. Probable date of offense within treaty; Castro, 16, 93. Extradition to Switzerland. " Is charged," enough. Habeas Corpus. Prior charges immaterial. Mistake in autlientication of certificate. " Unter Schlagung" and "I'abus de confiance"; Both, 15, 506. Extradition to Great Britain. Authentication. " Similar proceedings.'' Accused may have wit- nesses, not full trial. No right to get depositions from foreign country, nor an adjournment therefor. Act Aug. 2, 1882, does not extend beyond a preliminary hearing; *Wadge, 15, 864. Authentication; Evidence of Criminality; Affidavits and certificates; Behrend, 22, 699. Complaint to be from demanding Govern- ment; Ferrelle, 28, 878; Criminality, Proof of "similar purposes"; certificate informal; proof under foreign law; McPhun, 30, 57. On acquittal, no civil arrest till after time to leave; Reinitz, 39, 204; from New Jersey, discharge upon Marshal's return of prisoners; Baruch, 41, 472. FALSE IMPRISONMENT. See Castro, 16, 93. FALSE REPRESENTATIONS. See Damages, Jurisdiction, Normannia, 62, 469. 94: FELLOW SERVANTS. See Master, Personal Injuries, p. 115. Officers and seamen are, in deta/ils of navigation; Queen, 40, 694; not so, as to safe condition of ship for work; lumber falling; Frank & W., 45, 494; platform; *Nebo, 40, 31. In hoisting, skid caught fast; Servia, 44, 943. Bea- men and mate not, in rigging a triangle for mast; Julia F., 49, 277; not as to derrick and vangs supplied by ship to haul barge; fPersian, 49, 669; winchman and workmen in hold are; Bolivia, 59, 626; hoisting boards, improper sUng; Kavensdale, 63, 624; pilot or master of tug, and fireman are not, as to the details of ordinary navigation; JMcCuUough, 55, 98; or appointment of pilot; %KS-- lien, 63, 172. Must be servants of a common principal; winchman and stevedore's man ; see Carl, Mss. 1525; Biela, Mss. 1535. In causing injuries from falling bags not tightly slung; Kensington, 91, 681. Mate of pilot boat, and seamen in its yawl, capsized; Carlson, 93, 468. Stevedore's man hurt by mate who sUps from a beam; Manhasset, 69, 471. Workmen in the hold throw a hatch beam out, through the strain of a rope attached to a fall; d. Picqua, 97, 649. FIFTY-NINTH RULE. See Collision, p. 72; Practice, p. 120-121. FILIBUSTERING EXPEDITION. See Neutrality Laws, p. 111. FISHERMEN. On a lay, not seamen within Sec. 4523; Oral agreement not avoidable; C. M. Kingsland, 25, 856. Lay not known to seamen; omier liable; Russell, 46, 200. FLAG, LAW OF. See Foreign Law. Duties at port of Delivery; Blockade; Spartan, 35, 55. FOREIGN LAW. See Lex loci. Liens, Bill Lading. Applied to Carriers; *Regulus, 18, 380; Titania, 19, 103. To Collisions; State of Ala., 17, 847. Does not require flash light. State of Ala., 17, 847. Priorities of Liens; Velox, 21, 479. Comity, lex loci. Attachments of Sea- men's Wages. Accomplished Facts. Constitution. Art. 4, §1. City of New Bedford, 20, 57. Brantford City 39, 385. Maeitime Liens not determined by law of foreign ship; Law of Flag; Brantford City, 39, 385; Scotia, 35, 907, 916; Italian Code; Olga, 33, 329; General Average; *Heye v. German Lloyd, 33, 60; L'Amerique, 35, 835; Bot- tomry and salvage, see Force, 35, 767 ; UMiller, 35, 779. American ship and B/L; exception of negligence iwudJid; Para, 44, 689. Governs exception of negligence as to damage done within the foreign juris- diction; Comp. Gen. Trans., 59, 789; not elsewhere; "adopting law of Eng- land"; invalid here; Average against cargo allowed; *Energia, 56, 124; 61, 222; *Guildhall, 58, 796. Stipulation to be governed by, in B/L or passenger's ticket, is invalid here as respects damages by negligence, here or on the high seas; *Etona, 64, 880; *Knott, 76, 582; JKensington, 88, 331 ; 183 U. S. 263. See Comp. v. Brauer, 168 U. S. 104. FOREIGN VESSELS. 95 Porto Eican voyages not, foreign under Act of Ap. 12, 1900; pilotage not re- quired; *Husa, 105, 74. Jurisdiclioii of foreign seamen's claims declined; Heathcraig, lOS, 419. Ilarter Act is applicable to; "Sylvia, 64, 607; "Knott, 76, 582; "British King, SO, 472; also § 1 and § 2 of Harter Act as regards loading and carrying cargo, and B/L; fFrey, OS, 667. FORFEITURES. See Penalties, p. 113. FORGERY. Innocent collecting agent not liable for amount collected on the forged en- dorsement of pension draft, after payment to principal without notice; Am. Ex. Bk., 70, 222. FOUNDERING. Vessel top-heavy and mismanaged in a storm; cargo shifts; Colima, 82, 665. Ice boat; bottom drops out on subsequent trip after damage at dock by heavy swells; *New York, 40, 900. FREIGHT. See Bill h.. Carriers, Charter. Pro rata allowed, when voyage interrupted by fire, and owners take proceeds of goods saved; British Co., 55, 82; on transshipment in port of distress, pre- ferred to prior bottomry; Grace, 63, 607. Allow pro rata, on stranding, and carriage to final port of delivery; Taurus, 63, 137. Hypothecated by giving a general lien on all freights of the line; letters of credit; *Kate, 63, 707; *Vigi- laneia, 63, 733. GARNISHMENT. See Practice, p. 119, 121. GENERAL AVERAGE. See Carriers, Bottomry, Stranding, Marine Ins. Baggagb of passengers pays, and is paid for; Fire, Water damage; Sacrifice; Duty to take average bond; *Heye, 33, 60; Necessary repairs from a, general average cause; rests on safety of property not of the voyage; Queen, 38, 761; L'Amerique, 35, 835; On stranding; costs of necessary discharge are gen. av. ; of floating the ship, not so; common interest; separation; L'Amerique, 35, 835. See Adele, 34, 809. Giving bond don't admit liability; "Nicanor, 40, 361; Thebaud, 42, 794; "Shoe, 46, 125. For negligence no average. Fire; Scuttling by port au- thorities as quasi master, damage by water and jute swelling; fRalli, 37, 888. Negligent anchorage; voluntai-y stranding not beneficial; Snow, 39, 334; do. "Shoe, 46, 125. Voluntary payment with knowledge, no recovery back on suit in rem.; "Nicanor, 40, 361. After salvage, substituted destination controls values; China, 39, 879. York- Antwerp Rule 5, foundering, voluntary stranding, unloading, no danger; an adjustment is evidence on agent's approval; Earn- moor, 44, 374. Vol. stranding in extremis, no benefit; York Ant. Rule 5; "Shoe 46, 125. On cargo under foreign adjustment, recoverable as collision damage here; *Energia, 61, 222; made according to law of the forum; UMiller, 59, 621. 96 GENERAL AVERAGE.— Confcuerf. None for port of refuge expenses arising from ship's insufficient fittings for asphalt cargo; *Hine, 68, 920. For cargo jettisoned, the lien on the ship is for her proportion only; none for moneys paid on an average hand; nine months delay not laches j mortgagee postponed; *Com. v. Allianca, 64, 871. Port of refuge expenses; insufficient coal supply; ship charged with the cost of getting the usual coal, and for putting into Norfolk; gen. avg. for four fifths of cargo consumed; unseaworthiness no defense when it is not the cause of the loss; *Hurlburt, 76, 587. Gross freight allowed for jettisoned goods; tCrystal, 82, 472; and provable by consignee, when he pays on the whole intake quantity; *Chrystie, 95, 837. Under Harter Act, absolving the owner for a negligent stranding, entitles him to a gen. avg. claim for expenses of salvage; fChrystal (Irrawady), S3, 472. Fire. — In hold, damage to tobacco by steam and smoke forced aft, not recover- able; scuttling ship; prior removal of goods; continuous acts of sacrifice; no separation of interests; insurers liable for all; *Reliance Mar., 70, 262. Sacbifice. — Flooding the next compartment in order to find the leak in fore peak, is sufficient to support gen. avg.; Wordsworth, 88, 313. Damage from a violent break-down of a repaired crank-shaft, is not gen. avg.; the act of repair not being intended as a sacrifice; nor was the use before the break- down abnormal; *Schiedam, 70, 251. Stranding. — Skirting Nevis Island by o\vner's direction, with lack of sufficient chart, is negligence preventing gen. avg.; Trinidad, SS, 528. 'Ship barred by her negligence; flooding; distribution in proceedings to lim,it liability taken into account; JPacific M., 60, 414; 74, 250. Apparent danger; fore peak filled with water; sluices opened for ex- amination, damaging flour; Wordsworth, 88, 313. Reasonable apprehen- sion of danger suificient to justify a gen. avg. sacrifice; Oneida, 108, 888; note. GROUNDING IN SLIP. See Wharves, Piers and Slips. HABEAS CORPUS. See Extradition, Immigration. Chinese seaman may land; Ah Kee, 22, 519; Commissioners to decide on facts; Court, on jurisdiction; In re Day, 27, 678. Immigrants discharged, no proper report; Bracmadfar, 37, 774; Contract laborers; no relief if proceed. regular; mistaken affidavits, Deitze, 40, 324; same. Secretary of Treasury may appoint other officers. Act 1887: Vito R., 43, 62. Immigrants: Commissioners of Emigration; Authority; Passage paid by foreign Government; Report of facts; Further examination allowed; O'SuUivan, 31, 447. Contract laborers arrested and returned by order of Sec. Treasury after landing, Act 1888; ratifi- cation of Supt's prior acts, valid; writ dismissed; Re Ldfieri, 52, 293. Enlistment by minor without consent, discharged; Falconer, 91, 649. Ital- ians, resident here, on return from a, visit to Italy may be excluded as paupers; but not so their children born here, who are citisens; of them the Commissioner has no jurisdiction; nor has the Court jurisdiction to review the Secretary's decision where he has jurisdiction; Giovanna, 93, 659. Consul held for extra- dition to Massachusetts for embezzlement, without bail; *Iasigi, 79, 751, 755. HABEAS COB,VVS.— Continued. 97 Oiineae seamen are not " Chinese laborers "; Jam., lOl, 989. A bankrupt im- prisoned on execuHon against the person before petition filed in bankruptcy, not discharged; Claiborne, 109, 74. BARTER ACT. See Unseaworthiness. The Act applies to all vessels foreign and domestic; negligent stranding of British vessel at Para; *Etona, 64, 880; it does not extend to damages to pas- sengers' baggage, nor to claims for personal injuries, or death; Colima, 82, 665; *Moses, 88, 329; *Rosedale. 88, 324; JKensington, 88, 321; nor on Mutual fault in collision causes, does it increase the prior liability of either vessel for damage to the other's cargo; 'Niagara, 77, 329; Viola, 59, 632; S. C, 60, 297; Depew, 59, 793. Not Exempted. — Sect. 3 requires, as a condition of any exemption, that the owners and their agents shall have used due diligence, in fact, to make the ship seaworthy, i. e., fit for her cargo and the voyage on sailing; for negligence in this regard, ship held; *Peters, G8, 919; Plamborough, 69, 470; Colima, 82, 665; Bohannon, 64, 883; Manitoba, 104, 145. Damages arising from any dis- coverable or avoidable defects in the ship or her condition, are not within § 3; hence the duty of complete inspection and to apply the best tests of sufficiency; for failure in this regard, ship held for a hole in plate rusted by sugar acid; *Alvena, 74, 252; for a misfitting port-blind; *PhcBnicia, 90, 116; a worn and rusted hole in a valve-chest; *Friesland, 104, 99; for freezing of a service-pipe, while loading; Catania, 107, 152; for top-heavy loading of a tender ship; Colima, 82, 665; for insufficient ballast for a light cargo of case-oil; Whitte- burn, 89, 526; for insufficient fittings for an asphalt cargo; *Hine, 68, 920; for tceakness of the ship for an asphalt cargo; Dene, 103, 983; for overloading a. stanchion, the others not being in place; Kate, 91, 679; for inattention to changes in the trim of the ship at a port of call; *Knott, 76, 582; inattention to the top-heavy condition of the ship from ice aloft while unloading; Germanic, 107, 294; or to a dangerous list while coaling in a port of distress; Oneida, 108, 886; damage from an open cargo-port through insufficient icatch of the ports while loading, and stowage under an open port. Cases reviewed; Manitoba, 104, 145. See Farr, 181 U. S. 218. Sections 1 and 2 forbid contract exemptions from liability for negligent stow- age, care, and delivery; damage from such negligence is not within §3; Section one applies to stovuage or loading under unfit conditions; as under an open port; Manitoba, 104, 145; to stowing sugar in a dangerous situation, dependent on the trim of the ship; *Knott, 76, 582; to all bad loading, and to overcarriage beyond destination; tCalderon, 64, 874; fFrey, 02, 607. Exempt by § 3 : All damages arising from errors or faults of "Navigation or Management of the vessel, provided the ship on sailing was seaworthy, or due diligence was used to make her so ; the " management " referred to is manage- ment with reference to the ship; not the care or handling of the cargo; as to the latter, §1 controls; *Knott, 76, 582. Repairs done according to the master's best judgment in a port of distress are " management " ; if insufficient, ship not liable; Gaudalovipe, 92, 670. Damage from an accessible port left open for light, and negligently omitted to be closed in storm are exempted; *Sylvia, 64, 607; 98 BARTER ACT.— Continued. Negligent omission to open Sluiceways in heavy weatlier; "Sandfield, 79, 371; neglect of the pumps for ten hours after notice of unusual leaks; *British King, 89, 872; Neglect of pumps after rivets broken in ballast tank; 'Ontario, 106, 324; Mismanagement of water-ballast pipe-line on the voyage; *Mexican Prince, 83, 484. By diminishing a salvor's liability to cargo for deviation in undertaking a salvage service, the Act justifies smaller salvage awards in such cases; *Flor- ence, 65, 248. By relieving owner from liability for a negligent stranding, it entitles him to general average for his expenses for the common rescue; fChrystal (Irrawady), 82, 472. lOE. See Collision, p. 59; Tug & Tow, p. 136. In blizzard, carried adrift; inev. ace., Transf. 2; 56, 313; towage, at night; Rambler, 66, 355; Reba, 23, 546; JYoung Am., 36, 174. IMMIGRATION. See Habeas Corpus; Criminal Law. Paupers of industrial school; landing stopped; Bonds; Commissioners may reconsider their decision; Day, 27, 678. Bond not to be a public charge; covers later insanity; Lipkis, 56, 427. No jurisdiction to review a decision of the Commissioners and Secretary of the Treasury excluding alien Italian residents as paupers on returning from a visit to Italy; contra, as respects their children previously born here; Giovanna, 93, 659. INFORMER. Can't petition in bankruptcy against the United States when no fund; has no vested interest; Court of Claims; Jayne, 28, 419. INJUNCTION — TRADE MARK. See Bes Adjudicata, Bankruptcy, p. 31. To restrain contempt by interfering with the Court's possession of its rooms; Lyman, 55, 29. INSURANCE. 'See Marine Ins., Gen. Average. Subrogation; Negligence; Carriers; The "Assured"; "Scalper"; " In- surable interest " ; " Whom it may concern " ; General policy; Certificate; 'Sid- ney, 23, 88; Payment into court allowed when two opposing claims were made to the amount payable; Etna, -u. U. S., 25, 231. INTEREST. Ceases after consent to apply a tender deposited, Calif ano, 51, 300. See Damages, pp. 36, 51, 87. INTERNAL REVENUE. Taxation, Act 1864, §121. Embezzlements deducted; fCentral Nat. Bank, 10, 612, 816; if demurrer overruled, issue stands for trial. Practice; Leverich, 9, 481. Legacy Tax. Act of 1864, §124. Giver must have died possessed; Leverich, 9, 586. Succession tax. Deed by father to son as advancement; Banks, 17, 322. INTERNATIONAL LAW. 99 See Consuls, Foreign Law, Ees Ad., Blockade. Piracy; Recognition of belligerency; Effect of; Blockade by unrecognized insurgents; Implied recognition by State Department; Ambrose Light, 25, 408. INTERVENTION FORCED. See Practice, 59th Rule, p. 120. JETTISON. See Gen. Avg., Barter Act. Of cattle in storm, not justified by the circumstances; *Hugo, 57, 403. Lien for, see *Allianca, 64, 871. Of goods worthless, hanging at ship's side; Adele Thackera, 34, 809. JUDGMENT. In rem for value, binds all; forbids new suit in personam; fSundberg, 43, 81; 44, 807; In Limit. Liability, don't affect liens of prior voyages; Gokey, 44, 3C4, Grant, 45, 642. JURISDICTION. See Lien, Foreign Latv, Consul, Mar. Tort, Practice. None against former managing owner; Jlulford, IS, 455. Or to enforce trusts; Wenberg, 15, 285. Surplus, do. None in rem, for price of goods sold by carrier; New Hampshire, 31, 924. State boundary, N. J.; Low-water mark; Supplies; Mary McCabe, 33, 750; Equitable title not sufficient for possessory actions; G. Reusens, 33, 403; Of special tribunals, examined collaterally; Excess of power; Appraiser; Examina- tion of witnesses; U. S. v. Dougherty, 37, 730. Of SouTHEBN District of New York; determined by State agreement of 1833; to low water mark on west shore; Norma, 33, 411; Not affected by Act of 1875; Attachment against CoMS«Z's poj-iner; Froment, 30, 385 ; Corporation, "found," where managing agent is; Sweat, 31, 294; Plea not waived by plea of merits, 33, 214. Declined as to Florida transactions when only " limited " agent served; Neptune, 37, 159. Entertained on ioTeiga marine policy ; contrary stipulation void; Slocum, 43, 235. See The Thames, 10, 848; Monte A., 12, 331. Of Cir. Gt., district of plff.'s residence v. foreign corporation; Old Dom., 45, 1 ; in admiralty, of damages on contract for maritime supplies; JElectron, 48, 689: none on preliminary contract to procure insurance, i. e., B/L stamped "insured"; Marquardt, 53, 603; of death claim in personam; state legisla- tion may create new subjects of; *McCullough, 55, 98; none, to reform policy, or for false representations in procuring it; Williams, 56, 159; damages in rem for abandoning time charter; Rosenthal, 57, 254; none for damage to brandy during land transit abroad, unless within maritime B/L; Comp. Gen. Trans., 59, 789; against voluntary assignee, in possession of ship; Roy, 50, 784; public floating bath is a vessel liable to salvage; Bath, 13, 61, 692; of mort- gagee's petition to surplus, as against receiver; *Advanee, 63, 704; of hypothe- cations of freights to secure letters of credit; *Kate, 63, 707. Admiralty Courts have jttrisdiciiou of a maritime cause wherever it arises, if process can be served within the territorial jurisdiction of the Court, or if a general appearance be entered therein; Stern, 110, 906. Appearance to ex- 100 JVRlSmCtlO^.— Continued. cept, doea not confer jurisdiction; service on agent or officer of corporation is good if the corporation had property or did business within the District; Reilly, 109, 349. Of an hypothecation of freights to secure letters of credit; *Kate, 63, 707. Of all petitions for surplus in the registry after the sale of the vessel; *Advance, 63, 704. Of claims for services and advances of shipping agent in procuring seamen and hoard, at the master's request; Haveron, 88, 301. Of death claims under State statute, for death by negligence within a league of the shore; the line, how drawn from Sandy Hook; extension of, quere; Carlson, 93, 228. To determine the rights of an insurer by subrogation, where the fund is in Court; St. Johns, 101, 469. Of claims for passengers' lost baggage de- posited at the dock prior to the purchase of a ticket; fPriscilla, 106, 739. Jurisdiction declined on quarrelsome seamen's claim for wages and foi- short allowance as against a British vessel and her food scale, after investigation by the British Consul; Heathcraig, 108, 419. LACHES. See Liens, p. 103; Practice, p. 118; Marine Ins., p. 107. LAW OF FLAG. See Foreign Laiv, p. 94. Not controlling on contracts made elsewhere, as to B/L; nor as to liens here for supplies, or stevedores; Brantford City, 39, 373; Scotia, 35, 907, 916; Governs claims of ship's own company; tPendergast, 29, 128. LAYDAYS. See ChoAter, p. 42; Demurrage, p. 90. LEAVE TO SUE. Unnecessary, to enforce lien against assignee; Roy, 59, 784. LEX LOCI. Freight computed by law of place of delivery; Serapis, 37, 439; exception of negligence in stowage, by law of flag and place of loading; *Trinacria, 42, 863; Dan, 40, 691. As to attachment of seamen's wages elsewhere; City of New Bedford, 20, 57. LIBEL. One libel don't justify another; mitigation; Battel!, 30, 229. In Dist. of Col. is not an offefise agst. the U. S. ; Dana, 68, 886. LIEN. See Repairs, Seam,en, Jurisdiction, Wharfage, him. lAahility. Of judgment on lamds; arises from State laws. Marked secured on appeal, Sturgis, 14, 810. For Freight, from time of lading; *Blowers, 19, 444. Ownei-'s, on earnings in other part owner's hands; Mulford, 18, 455. Oi attorneys on judgment, & on papers retained; Wilson, 12, 235. Petitory sidts. Eqviitable titles not enforceable, nor trusts. Preliminary contracts not maritime. Employment to get " concession " to remove guano. LIEN— Cbn«i«Me<;. ^\j2'0 101 Dismissed on motion; Cargo Min. Phosphates, 15, 285. Ship's. tfe^sSffwd' has no lien ordinarily; but may have when his agency ia for his fuHher .security as mortgagee. Subrogation to liens paid off; for oommissions; J. C. Williams, 15, 558. Breach of Charter Party. No lien if executory only. Remedy in, personam. No personal judgment, if libel in rem dismissed. Appearance limited; Joinder in rem and in personam on charter parties. Rule 46. Amendment allowable by inserting p&rsonal demand and new citation. Old practice. Costs denied. De- lay in excepting to libel; Monte A., 12, 331. No lien for broker getting a charter party. Costs; Thames, lO, 848. Shipjcright's lien in possession. May intervene or claim. What amounts to waiver. Binds assenting owners. Enforced. Act May 8, 1860. Part owners and ship's husband. Authority; The Two Marys, lO, 816, 919; 12,152; 16, 697. Proceeds of vessel sold; equitably liable pro rata for other prior liens. With- holding claim till part of shares is drawn out equals release of that part and dis- charges lien pro tanto. Costs ordinarily paid from vessel, though owners or other lienors get less, but may be charged on stipulators if suit unreasonable; Wright, 16, 482. When not lost through laches; Martino Cliento, 22, 859; *Columbia, 27, 704; Agents to solicit freight have no lien; Crystal Stream, 25, 575. Lien of ship's company, follows law of the flag; fPendergast, 29, 128; Olga, 32, 329; For supplies, depends on leas loci and lex fori; comity; Lien for supplies here upheld against law of the flag; Scotia, 35, 907, 916; Stevedore do.; Scotia, 35, 907, 916; Runs against chartered ship, for seamen; International, 30, 375; and charterer's stevedore; bad stowage; *Keystone, 31, 412; Not acquired while ship is in custody; secus, on formal arrest only; Baylis, 25, 862; Young America, 30, 789; See Marshalling, Foreign Law; Master's Lien postponed to debts that he owes; Olga, 32, 329; Divested by Sale; wreck; master's judgment upheld *Raleigh, 32, 633 ; Freight is a lien, on delivery to warehouse with speedy notice Guilio, 34, 909; Postponed for laches of one year; nine months not laches Carver, 35, 665. No lien for supplying machinery to a vessel not completely built; Paradox, 61, 860 Damage, breach of charter on vessel "to be built"; Baraeoa, 44, 102. Freight and demurrage lost by unconditional delay; Reilly, 40, 605; Eagan, 41, 830; Goods not on board, no lien; *Crenshaw, 37, 432. Pilot, so shipped, has lien, though doing master's duties; *Atlas, 42, 793. Repairs, personal credit intended; note; delay; contract in New York, delivery in New Jersey; Farrell, 36, 500. Liens assigned; Baxter, 37, 219. Vessel held foreign, license and owners being foreign save one, unknown in the State; Garrett, 44, 379; Salvage, gives lien on domestic ships; Chapman, 38, 671 ; nor if known to be on chaticrci's account; *'Stroma, 41, 599. Towage credit given charterer till failure; estopped; Culleii, 45. 511. Wages of laborers on brick barges; Walsh, 36, 607; Stevedores {see Mich., 25 Q. B., Div. 339) ; Captain's lay don't defeat; Russell, 46, 200. Erroneous credit of payment disregarded; Lotta, 65, 319. Advances. By ship's agents, for insurance or for ship's disbursements at com- 102 LIES.— Advances. pany's request, no lien legal or equitable, practice in railway receiverships not applicable; *Allianca, 64, 245; 74, 256; nor though advances are made to prevent a, threatened arrest of the ship. May Morn, 2 Mar. Eeg. 465. Agreement foe Lien. — By owner valid, for prior towage services, on release of 3d party; Brastina, 50, 126; valid, though more extended than implied by law, covering all freights of the line, and in favor of owner Co.'s Vice-Pres., but subordinate to specific lien for necessaries; and not good for future damages; letters of credit; *Kate, 63, 720. Agreement for " further secur- ity " in letters of credit, gives no maritime or equitable lien on the vessels; * Advance, 63, 726; 74, 256; 65, 245. Carkiee's. — ^None v. vessel for goods not loaded; Miller; 53, 136. Asphodel do, 835. Lien on all freights given by bills of lading in regular course of deal- ing, extends to goods on a subsequent voyage for prior freights; agent's draft, if unpaid, does not release shipper; JAtlas, 102, 358, Mss. 1688. Chartered Vessel. — No lien against, for supplies, if not necessary to complete the voyage; Wm. Cook, 12, 919; nor if contrary to known charter; Aeronaut, 36, 497; same under State Stat.; coal; *Kate, 56, 614; nor if known to be on Charterer's account; *Stroma, 41, 599. See Valencia, 165 U. S. 264. When captain is present, credit of the ship for supplies is presumed; Du- nois, 76, 586. No lien for towage after knowledge of charter; Tillie, S4, 684; Tryon, 93, 220; see Valencia, 165 U. S. 264. Where Supt. of char- tered vessel said his Co. otcned the boat, and that work should be done on vessel's credit, lien upheld; same where the circumstances import a credit of the vessel, and the charter was not knovm; *Farwell, 103, 882, Mss. 1648. Credit of Ship. — Necessary; *Advance, 60, 766; 63, 142; not presvm^ed on dealing with oivner, or with charterer as owner pro hac vice; disproved, on supplies to charterers; Curlew, 54, 899 ; disproved, by one price for wharf- age and other non-lien subjects; *Advance, 60, 766; by contract, for lien on freights of whole line; *Kate, 63, 707; *Vigilancia, 63, 733; on ship's credit, though dealing with Vice-Pres. of Co. owner; *Havana, 54, 201 ; *Kate, 63, 720; same *VigiIancia, 63, 733; 65, 245; presumed Avhen ordered by agent in the master's presence, though on a false statement not corrected by the master; Dunois 76, 586; not the sole credit, on employ- ment of salvage services by insurers; Merritt, 68, 932. Not sustained, where a prospective charterer was to fit the vessel at his oien expense and receive a charter on completion and lienor was informed that he could not hold ship, repairs not being ever completed and no charter given; claim filed under State law bad for lack of the particulars required; *Whiting, 99, 445; same ♦Emslie 9S, 716. Damages. — No lien for refusing to load a stolen vessel ; merely going to destina- tion, is not part performance; Conrad, 57, 256; for false representations of no steerage, after ticket bought; lien doubtful; Norma nnia, 62, 469; for owner's abandoning a time charter; Rosenthal, 57, 254; none on freights for future loss, after owner's toithdrawal ; *Kate 63, 707. Contract liens for icork & supplies by the general marine laio outrank LIEN Damages. 103 liens for torts, such as damages by collision, or stranding; Young America, aO, 792; Carver, So, 665: See McCullough, 55, HI. Equitable: If not maritime, no equitahle lien for advances exists superior to a later mortgage; *AlUanca, G5, 245; 74, 256; none for an execution on a judgment for repairs in a home port, no claim of lien having been filed, nor credit of the ship; *Allianca, TO, 248; none as against mort- gagee from mere delay to foreclose, nor from owner's false representation of solvency; *Seguranea, 70, 258; 74, 256. On Freights. — Last carrier's lien, on transshipment in port of distress, preferred to prior bottomry; Grace 63, 607; General lien on line, by agreement of hypothecation, on letters of credit; none for future damage; "Kate. 63, 707. Home Poet: Determined by residence of the equitable owner in possession; Al- gonquin, 88, 318. In Soudo. — Agst. two vessels, for breach of owner's contract for the season; Eosenthal, 57, 254; a,gst. all freights of the line ; letters of credit ; *Kate, 63, 707. Insubance. — See Marine Insurance, p. 107. No statutory lien for premium paid by English agents, nor for advances by home agents to repay that old debt; *Allianca, 61, 507. Premiums not an equitable lien on vessel, or on sur- plus, as against mortgagee; *Allianca, 61, 507; 65, 245; *Seguranea, 70, 258. Insurers of cargo jettisoned have no lien on the ship, for money collected by her owner on an average bond; *Allianca, 64, 871. Laches. — Lien lost by laches; cases reviewed; Bristol, 11, 156; lost after 6 months' opportunity to enforce it as agst. iona fide purchaser; Lyndhurst, 48, 839. - See Martino, 22, 859 ; Carver, 35, 665 ; Riley, 40, 605 ; De- lay of seven months avoids lien as against bona fide vendee; Algonquin, 88, 318. So, a delay of four months till sale li years thereafter; *Parker, 84, 832; Mem,.; Nine months are not laches as against a prior mortgagee; *Allianca, 64, 871. ilACHiNEBY. — For a launched vessel building; no lien; Paradox, 61, 860. Personal Credit. — Presumed to be exclusive, on dealings for supplies wholly with the omner, or owner pro hac vice; Francis, 31, 715, 921; Wm. Cook, 13, 919; Curlew, 54, 899; Hard, 63, 142; for fees on Custom H. entries; Chilian, 58, 607; but owner's agreement giving lien, specific, or general, is valid. See Agreement, supra, p. 102. Presumed on a contract of towage for the season; Tyron, 03, 220; same, for advances by the ship's agents or bankers; Advance, 63, 142; *Allianca, 65, 245; May Morn. 2 Mar. Reg., 465; same, on owner's hire of a tug to search for his missing vessel; no claim until after personal failure; 'Soule, 95, 483. Otherwise, in supplying a yacht on the order of a stranger; *Gracie M., 73, 283, Mem. Pilot. — Winter pilotage. Act 1883-4, fees by i foot; France, 50, 125. Has no lien or claim for pilotage refused, since act of 1900, on vessels plying between New York and Porto Rico; not foreign; *Huss, 105, 74. Priority and Rank. — Liens for work and supplies are grouped by the voyage in ocean navigation; on the Lakes, by the season; followed and marshalled in 104; LIEN.— Pnoy%. Tucker, 30, 129; Giapeshot,32, 123; Arctic, 22, 126; grouping by the seoson found impracticable in New York and periods of ^0 days adopted, as most analogous to the voyage j Gratitude, 42, 299; since followed in this District. Of damage claims. See Damages, p. 102-3. Specific liens prior to a, general lien by contract; supplies, charter hire, mortgage; *Kate, 63, 707. Claim on execution for a bill for repairs against surplus, inferior to prior mortgage; personal credit, no equitable lien; *Hutaon V. AUianca, 70, 248. Mortgage inferior to cargo's lien for jettison; *Allianca, 8, 016 (N. Y. & Porto Rico, 155 U. S. 523, Barnstable, 181 U. S. 464) ; Chrystie, i)'2, 3; in collision cases; Mercedes, 108, 559; fFloat No. 4, 80, 877; Chalmette, 03, 500; falUng tins; d. 'Has- toff, llO, 669; loss of rice by topheavy lighter capsized, Smith v. Booth, 110, 680; introducing charterer; *Alert, 5G, 721; S. C. 01, 504; Centurion, t57, 412; baiJee, liable for salvage; Bath 13, 61, 692; Object of; purchased c\a,ima; *Gulf Str., 58, 606; new deft must answer the petition; Greenville, 58, 805. Forced intervention of charterers bound to indemnify; European practice; *Alert, 40, 836; Partial decree, do., *44, 685. FoBElQN CouETS. — No release, on attachment of vessel; notice to shipper re- quired; Conventina, 512, 156. Gaknishment. — Upheld against fraudulent assignment of a debt on stock note; Prentice, 78, 106. Injunction. — ^Against improper interference with Court Rooms; Lyman, 55, 29. In Rem Pboceedings. — ^None in Europe v. ship alone; tSundberg, 43, 83 ; when introduced in England, doubtful: McCuUough, 55, 111. Intervention by shipwright in possession, or as claimant; Two Marys, 12, 152; by oivner, in suit by master as bailee of tow and cargo; Mercedes, 108, 559. By Master and crew in salvage suit; Rudolph, 39, 331. Forced intervention of defendants bound to pay or indemnify; see 59th Rule, ante. Intebbogatories. — In Libel are confined to issuable matter; not required to produce letters as mere evidence; Havemeyer, 43, 90. None on new matter; Baxter, 33, 296. 23d Rule; allowed in the answer to libel for non-delivery of goods as per B/L, in order to make the true issue known, whether negligence or unseaworthiness; *Mexican Pr., 70,246; defendant is privileged from answering interrogatories involving a penalty or criminal charge, such as insufficient life-boats; Bourgogne, 104, 823. JoiNDEB. — Of vessel and owner in collision causes not allowed; revival in per- sonam after 19 years refused; Mayor, etc., 59, 617; of claim in rem. and in personam on cftorter-parties ; Baracoa, 44, 102, and see Castro, IS, 250; Atlantic, 1(>, 279; Grand Rep., lO, 399; Rudolph, 39, 331; Douse, 48, 695. Of claim for penalty and for damages, bad; Sullivan, 11, 848. Marshal; See p. 109; fees on dismissal paid out of claimant's deposit; Georg- eana, 31, 405. See Process, p. 122. Nominal Damages. — Will not sustain libel; arbitration refused; Munson, 99, 787. Parties. — Suit in behalf of all interested is in control of libellant till decree, or others come in; JKerr, 9, 50. Cargo owner may sue for self and insurers; Anchoria, 9, 841. All entitled on same facts may join or come in; Anchoria, 9, 841; Grand Republic, 10, 409; Defendants, forced in- tervention; see 59th Rule, p. 120. Libel by master, as bailee of tug and tow; substitution; Mercedes, 122 VRA.(ynSE— Parties.— Continued. 108, 559. Libel to use of libellant and insurers. Exceptions. Authority. Identification of goods; Anchoria, 9, 840. ■Parties. Sub-Employee of chief salvor having a lien, may be co-Uhel- lant; his indejiendent Ubel not dismissed; * Venezuela, 50, 607. Pleadings. — See Amendment, Joinder, ante. Submission on, no presumption of unproved matter; Mersey, 48, 626. Process. — See Attachment, Garnishment. Under Sec. 934, Marshall may by order take possession from collector j *Conqueror, 49, 99; vessel in as- signee's hands is not in custodia legis; is attachable without leave; re- ceiver; Eoy, 59, 784; in Cir. Ct. may be served in plif's district against foreign corporation; Old Dom., 48, 1; to be served on depository of State Court, if latter has no jurisdiction of a part of fund; *Vigilancia, G3, 733. For a penalty, must refer to Statute; Rose, 14, 681. May be served on local agent of a foreign corporation having any business here; Hat Sweat, 31, 294; Chrystie, 952, 3; Summons for forfeiture, statute not endorsed; objection loaived by general appearance and laches; Riley, 88, 480. Appearance in order to except, no waiver; service sufficient on officer or agent of corporation m the District, if it has property or business therein; large trust leasehold in vessels; Reilly, 109, 349. Service on agent of corporation; Slocum, 43, 235; set aside; Neptune, 37, 159; Rose, 14, 681. Rejebence. — Pees of, payable by party for whom incurred; witness; Scott, 8, 420. Re-heahing. — ^Not after assessment of damages, on disputed evidence; *Havilah, 39, 333; denied, unless mistake is shown; Vaderland, 19, 527. Remnants and Sukplus. — See Lien, Surplus, p. 105. Revival. — ^After nineteen years, disallowed; Mayor, 59, 617. Security. — See Bond; Gross Libel, p. 120. On appeal need not be duplicated; Brantford City, 32, 324. When liable for interest; Maggie M., 33, 591. Costs denied for demanding excessive security; Floats, 50, 573. Security by respondent irn personam. District Court Rule 44 amended; old practice imder warrant. Rule 17; Rawson, 15, 831. Service of Process. — See Process, ante. State Practice. — Hoiv far applicable, Castro, 12, 259; not, Sturgis, 19, 810. Stay. — See Bankruptcy, p. 31; granted till trial of same issue in State Court; Tubal Cain, 9, 834. Supplemental. — Libel does not cure defects of original; Henderson, 38, 36. Sup. Proceedings. — See Receiver, p. 124. Order to pay over not defeated by fraud; Lilienthal, 37, 241. Tender, and payment in Court, a continuing offer to be accepted any time, less costs; Rossend Castle, 30, 462. Witness; privilege of, the Court must be able to see the danger; McCarthy, 18, 87; see Bankruptcy, p. 32; Witness, p. 140. PRESXJMPTIONS. See Lien. Of an abandonment of derelict, when not followed up; Mersey, 48, 686; of negligence, on explosion of refinery, till care is shown; Davis, 61, 631. PRINCIPAL AND AGENT.— See Master, p. 110. 123 Captain is not general agent of shipper; T. A. Goddard, 12, 174; is char- terer's agent when going outside of charter Umits at latter's request; *Donkin, 49, 379; previous similar acts, proof of agent's authority; Prentice, 58, 702; tSun Assn., 95, 485; do. Hamburg Co., liable for misrepresentations by its Lon- don agents as to steerage; Normannia, 62, 469; authority to give general Uen for letters of credit upon all freights; *Kate, 63, 707 ; not on vessels; *Allianca, 63, 726; not applicable to two co-operating tugs, under the lead of one; Em- peror, 61, 990. An agent who is consignee & receives the goods, is liable for freight & demurrage; *Gates, 37, 154; Henle, 44, 101. Foreign agents; Author- ity to bind shipowners; *Suliote, 33, 919; "Ships' agents," authority of; hav- ing funds cannot bind ship; Foreign owners bound personally for supplies; *Ber- wind V. Schultz, 25, 912, 918. See 29, 708; 34, 623; Rambler, 66, 355. Collecting agent not liable for collections on forged endorsement of pension draft after payment over to principal without notice; .Am. Exch. Bk., 70, 232. Principal entitled to follow collections on its mortagages in the hands of a receiver of its agent; iook-keeping entries no estoppel; Jarvis-Conk., 78, 61. Agent having lien by agreement, on all freights of the line, for letters of credit; *Kate, 63, 707; not on the vessels; *Allianca, 63, 726. Agent's contract for principal's benefit signed in his own name "for" the principal (named) binds the latter; tSun Assn., 95, 485. See Ship's Agents, p. 132. PRIZE. See Piracy. PROBABLE CAUSE. Certificate to officers gives protection for seizure; Section 970; Neutrality; City of Mexico, 25, 924. PROCESS. See Practice, p. 122. PRODUCTION OF DOCUMENTS. See Witness, p. 140. Ordered, against a fictitious corporation; *Horgan & S., 96, 319. Not re- quired; privileged in a suit for penalties; Newgold, 108, 341. See Interroga- tories, p. 121; privileged; Bourgogne, 104, 833. PROTEST. By master after owner's acquiescence in charterer's demand, ineffectual; Menantic, 88, 308; saves the effect of a receipt in full; *Durchman, 101, 606; ineffectual, as against the usage to deliver a tea cargo in the N. Y. tea district; *Hewlitt, 105, 80. Protest against risky voyage, absolves canal-boat; Niagara, 20, 152. PROXIMATE CAUSE. Negligence in not at once teaching a sinking canalboat after collision; ^Transfer 8 & Wat., 88, 551. On insurance of broker's commissions for getting a 'charter; negligent delay in starting after a collision, and not sea perils, held to be proximate cause of failure to arrive in time; Ruger, 90, 310. AA ater damage from an open port in a cargo compartment, opened while loading; defi- 124 PROXIMATE CAVSE— Continued. dent watoh, or heedless stowage tinder that port held the cause of loss ; Manitoba, 104, 145. Topheavy loading the cause of a subsequent lurch in a port of dis- tress; Oneida, 108, 886. Inattention to topheaviness from ice aloft, the cause of lurch and sinking in slip during discharge; Germanic; 107, 294. Negligence in navigation, the cause of stranding, not the changed use of a chartered vessel to collecting war newsj Ely, llO, 463. Defective pin, not a change of yacht's use to the Harlem River, the cause; SutcliflF, llO, 560. RATS. See Carriers, Damages, Italia, 50, 617. RECEIVER. In supplementary proceedings, appoint a different one from State Courts'; Collusion; Young, 37, 241. Priority of right depends on possession; Roy, 50, 785. REMNANTS AND SUEPLUS OP SALE. See Practice, Lien, Priority. Only liens preferred to Mortgagee; Application of payts. ; Campbell, 40, 906. Mortgagee's petition good as against receiver; * Advance, 03, 704. REMOVAL OP CAUSES. Separate controversy. Mining Co.; fraud of trustees. Suit for whole capital and for profits. Election, joint and several tort, see 21 Blatch., 392; Langdon, IS, 5; Gill, 10, 145. All motions pending on removal, to be heard; such as re-settlement of order before General Term; but not appeals proper, or re-arguments; Milligan, 17, 465. Insurance policy; Interpleader; Construction of Act 1875 ; Constitution. " Citizens of different States " ; a single cause of action, if parties on each side are of different States, may be removed by either plaitifl' or defendant under 2d clavise; Mutual Life, 31, 85. At first term. Divorce. No jurisdiction. Remanded by court itself; Johnson, 13, 193. Necessary parties; N. J. Perry Co.; Ambiguous pleading; Mayor v. N. J. Co., 34, 817; Declaration of intention to be citizen, don't prevent foreign pass- port; Call on calendar is not a trial begun; Malloy, 35, 673. Equitable unre- corded title to patent v. Jjoiia fide purchaser. Sec. 4898; is a Federal question; Amer Button Co., 47, 741. REMOVAL OP PRISONER. See Criminal Law. To remove under an indictment, it must show a crime triable where it was found; lottery letters; offense in two jurisdictions; *Horner, 44, 677. Procedure under Sec. 1014 R. S. must be according to State practice; in New York, defendant may always show want of " probable oausp " by evidence in his own behalf; and hence similarly under §1014. An indictment containing contradictory or incompatible statements and only general charges of fraud, with- out any specifications, is insufficient as an affidavit Avhen denied, to show probable cause; Court cannot overrule the Commissioner's finding if there was reasonable evidence to sustain it; validity of indictment, as dependent upon the proper em- paneling of the Grand Jury, referred to the trial Court; *Greene & Gaynor, 108, REMOVAL OF mUSONER.- Continued. 126 816; 109, 941. Kemoval not refused for alleged imsufflcienoy of indictment, un- less clearly bad; Yennie, 74, 222. Libel in the District of Columbia is not an offense agmnst the V. 8.; nor if so is it a removable offense under Sec. 1014; contradictory indictment is not good as an affidavit; Dana, 68, 886. Defendant may be held for a different kindred oifense than that named; variance; Price, 84, 636. Issuing a free pass is not criminal under Act of Feb. 4, 187, without transportation under it; d. Huntington, 68, 881. REPAIRS AND SUPPLIES. See hien, p. 104. On charterer's or owner's order, personal credit presumed, though in foreign port; but this is prima facie only. Good faith necessary, and a, common inten- tion to bind the ship. Charge on books inconclusive. Home port. No lien in State where either ovmer or charterer is knovm to reside; Francis, 31, 715; on charterer's check; Francis, 31, 921. Rope necessary to unload; lien for. Ship's agents' authority. Secret agreement with stevedore does not affect lien; Ludgate, 31, 431. Presumed credit of ship. 'Secret agreement with captain no defense; New Champion, 17, 816; same; priority over earlier mortgage; Vanderbilt, 19, 219. Marshalling. Priorities; Concurrent claims; Tucker, 30, 129; Velox, 31, 479; Grapeshot, 33, 123; Gratitude, 43, 299. Personal Credit Only. Wm. Cook, 13, 919; Francis, 21, 715. 921. Salvage; Ap- portionment. Adams, 19, 79; Markham, 33, 743. Concurrent claims; Marshalling; The Grapeshot, 33, 123; Lien for, not allowed, pendente lite, 33, 123; Specifications for verification; The Arctic, 33, 126; Credit to foreign agent having funds; Ship not liable; *'Suliote, 33, 919; Same; Presumption of lien rebutted; Duty of inquiry; Foreign principal liable when credited, though vessel not liable; tBerwind v. Schultz, 25, 912; Part owner's note not a satisfaction; No equitable estoppel by chance conversation; Wominal registered owner not liable; Borland v. Zittlosen, 37, 131. RES JXIDICATA. See Collision, Lim. Liability. Dismissal in State Court in personam because no negligence, bars suit in rem; stenographer's notes; City of Rome, 49, 392; foreign decree not binding here on application for injunction on infringement of trade mark; Hohner, 50, 369. Foreign judgment in action on master's bottomry draft, holding sale of ship and cargo unauthorized, not binding between other parties on a policy of insurance; DeFarconnet, 1 lO, 405. Of same matter, as between two defendants; Lincoln, 35, 843. RECISSION. Of contract, or charter, thenceforward; Re Kelly, 51, 194; by withdrawal of vessels; 'Freights of Kate, 63, 723. Right of, waived; Bloomingdale, 105, 384- Practical abandonment of charter-use on break-down from unseaworthiness; •Ronalds, 109, 905. RIPARIAN RIGHTS. * Do not attach to sale by State of land under water. When intent excludes. Exterior street cuts off, East St., Tompkins St., East River and 22d St. City's 126 RIPARIAN RlGinS.— Continued. title. Wharfage. Incorporeal grant. City controls. Basin of 147 feet along bulkhead left to plaintiff, sufficient. Injunction denied; Peoples Ferry Co., 21, 90. Hudson River and 12 Ave. exterior wall. City's Lease with wharfage rights, passes to sublessee of a part, subject to limitations of lease. Injunction modified. Gompensation before destroying wharfage under Act 1871; Pa. & R. v. Mayor, 31, 97. SALE BY ORDER OF COURT. See Auction Sale, p. 22; Bankruptcy, p. 25. SALVAGE. See Bottomry, Stranding, General Average. Former distribution and release not disturbed; Deviation and risk by salving vessel; allowed two-thirdsj Markham v. Simpson, 22, 743; Fire: Pumping, some benefit, $3,500; Rio Grande, 22, 914; Cotton fire: Towage, on $32,000, $750, reduced to $350; JS. B. Baker, 23, 109; Rudderless steamer; towage; repairs to salving vessel; cargo; costs; cases compared ; $26,029 allowed ; Alaska, 23, 597; Cotton fire. East River; towage, slight service, $50 allowed; The 0. M. Hitchcock, 25, 777 ; Fire in oil works, Bushwiek; Towage, lighters, naphtha, $200 allowed; The Oregon, 27, 871. Should be apportioned, as between ship & cargo; Col. Adams, 19, 765; Danger. Deviation. Suit for share. ArbitrO' tion. Award as towage binds the parties only. Suit for all entitled, not a trust; JMcConochie, 9, 50. Insurers directly liable for; *Int. Nav., lOO, 304. Apprehension of danger. Life salvage, awards moderate; Plymouth Rock, 9, 413. No salvage for merely helping after danger passed. Towage. Costs denied; Plymouth Rock, 12, 927. None to meddlesome tug, Husted, 36, 604; at Man of War rock; Pohatcong, 77, 996; same at a slight fire; Transf. 9, Mss. 1623; Towage in H. Roads ten hours, $7,500, and $4,800 damage to propeller key; no costs; Benison, 36, 793. Suit in personam, request of salvage implied; Baxter, 38, 668. Lien on domestic vessel; pay not wholly contingent; Chapman, 38, 671; Temporary abandonment on Jersey coast, master watching, $1,500. Master and crew intervene; Rudolph, 39, 331. Ferryboat stranded at Negro Point; misrepresentation, $300. Two thirds to owners; Rumsey, 40, 909. Towing helpless steamer fifty hours, Hat- teras to New York, $8,200. Tanoarville, 45, 903; brave rescue of three scows and men adrift at sea, $5,000. 25 per cent.; Scow 9, 45, 901. Capsized scow derelict; delay at unsafe wharf, deduct damage by getting adrift; Scow 19, 46, 406. Salvage at sea completed and earned before port reached; sailing away from the salvor; $8,500 allowed. Veendam, 46, 489. Allowed to tug agst. her tow, where tug was not negligent and the tow sprang a leak in rough weather, requiring a deviation to Newport; equitable relation, moderate award, $800; City of Haverhill, 66, 159. Insurers who employ are per- sonally liable if insured fails; Rule 19; Chapman v. Prov. Wash., 68, 932. " Liberty to tow," &c. don't authorize salvage, to the known sacrifice of perishable c%rgo, without compensation; *Wells City, 57, 317; % of the value means net value deducting liens and duties; Alert, 56, 721; helping to beach a sinking boat, $200; excessive security required; no notice; no costs; Float 5; 50, 673; Ocean W., 53, 284, use of boat in trade and commerce, not essential to; bailee liable for; Bath 13, 61, 692. SALYAQK— Continued. 127 Appobtionment.— Between owners, master and creu; See Louisiana, 34, 663; •Florence, 65, 248; Winifred, lOS, 988. At Battery.— a backing tug with steam escaping, saved after collision; doubtful conUngemsies, $475; Garrett, 55, 90. CONTBACT, made at sea, under pressure, of little weight in admlty.; $1000, broken shaft off Long Beach, sustained; Schiedam, 48, 923; for stranded vessel at Progresso, reduced to $2000; Jones, 48, 925; contracts on land for a salvage service, fairly made, enforceable; distant expedition to Baran- quilla; cargo uncertain; agents' approval; not personally liable; "half value" means half net value, deducting lieiis. Alert, 56, 721. FiBE.— Salvage from fire by two sets of salvors. Naphtha. Allowed 15 per cent. on ship, $6,500, and 25 per cent, on naptha, $7,553, $2,863.25 Third salvor, the Joe, allowed $35. Also $100 to man falling in hatch; Cyclone, 16, 486. Apprehension of danger enough. 7 per cent, allowed. No libel in rem or in personam against sovereign, or property in possession of its own ofiScers, or in the public use. Comity. Suit in rem. lies against private bailee having government property in his possession. Immunity from suit must be proved, by proved agent or Attorney-General. Two cutters contracted to be taken to Vera Cruz. Suable; Long v. Progresso, 16, 491. Lighter flooded, Prentice's Stores, wrong interference by fire Depart- ment; $400. Lighter 14; 53, 143; two barges toiied away from 45th St.; suit before notice; no costs; $250; Ocean W., 53, 284; Cotton barge, Ho- boken; six tugs take it rightly to Brie Basin, contrary to owner's orders; $2000; Georgia, 53, 933; co**on fire, liauling from sUp; service incidental to fire dept. as principal; $1000 and $50, Barnegat; Montana, 55, 92; hauling burning vessel out of slip from alongside another endangered; former alone liable, several tugs; $4000; Atlanta, 56, 252; to ferryboat towing steamer away from a neighboring fire on dock, $2500; and to self- sacrificing master $1200 ; Kaaterskill, 48, 701 ; in cabin of oil schooner, nine tugs, $4000; special allowance to hosema/ii, and $100 for alarm whistles; Lydia, 49, 666; hauling from slip, danger feared from adjacent fire, not real, $125; Swan, 50, 447; in slip, city fire boats the chief aid; poUcy to compensate tugs helping; $200; Despatch, 50, 610. f owing from Pier 8, $2000. % to owners; Louisiana, 34, 663. On doeh, $100 allowed for brief service to a float of small value; Float No. 6, MsB., 1421. In Slip 32 E. River, 12 tugs, in part, sham service, $2,000 allowed to Floats 1 to 4; 64, 887. Steamer afire, totoed from burning pier; fire put out; $7500 apportioned among 37 tugs; Carnie Hill, Mss. 1449. On pier, towing away; other tugs near, short service; only a moderate allowance in such harbor cases; $500 allowed on $5400 value; *Hanchette, 76, 1003. At Red Hook, burn- ing schooner hauled off and saved; $950 allowed 4 tugs on value $9600; Wac- camaw, Mss., 1621. At Atlantic Dock; deck hand, for personal danger incurred, allowed $50; the rest $250, Fire Department present; Roman P., 88, 336. Award should not absorb whole value; Digest of cases; fLamington, 86, 075, Mss., 1523. Hemp cargo at Progresso wharf; $2100 allowed on value of $55,000, four fifths to owner; Merjulio, 68, 935. Tugs working with the land fire department, 128 SALVAGE— ^>e.—Conimuerf. to be allowed something, if their pumping is useful; $100 to $300 allowed various tugs; Gen. Knox, 74, 575. At Hoboken Docks, S3 tugs expedite the steamer Kaiser Wilhelm, already slowly backing out; chief service about 20 minutes; $20,000 allowed on $2,000,000 value; one third to officers and crew, double share to captains, charterer takes tug's share on a charter of demise; Kaiser Wilhelm, 106, 963. Same Hoboken fire, 4i claimants; pumping and towing the Bremen to the flats, after she had drifted out of the slip through the suction of the Kaiser Wilhelm ; wrongful landing by six tugs of the burning Main alongside the Bremen, thus renewing and protracting the fire on each; no salvage allowed the six negli- gent tugs; one other captain 'disallowed any share for his grossly untrue testi- mony; special dam.ages allowed to some tugs $37,000 awarded; apportionment; Bremen and Main, 111, 228. Fire in Erie Basin; an hour after its outbreak 6 tugs haul away the vessel, which had previously put out some fire on her deck; $3450 allowed on value, $230,000. A percentage is not in itself a proper inde- pendent basis of award; Coya, 108, 413. For "standing ly " as requested during a fire in Erie Basin, $75 allowed; River Belle, Mss., 1151. Deviation.^ — ^By Salvor, if unnecessary, renders ship liable for any special damage caused to salvor's cargo. Necessary deviation justified, without liability under the Harter Act of 1893. Schwarzchild, 74, 257. Dbifting. — On Delaware hreahwater prevented; extreme peril, short service, one eighth allowed on value and $100 to master, namely, $3,466; Bark Rita, 88, 533. $150 allowed for going out and anchoring a barge of a broken up tow, Haverstraw; Brennen, Mss., 1119. Hakbor Tugs being on the ground and in abundance and the service incidental, only moderate awards to them are justifiable for salvage in the harbor; *Hanchette, 76, 1003; Kaiser Wilhelm, 106, 966; Eureka, No. 8, Mss. 1825, a/nte. lOE. — "Standing by" for 13 hours in ice, benefit presumed; $250 allowed on $3,000 value; Hudson, 68, 936. In Hell Gate. — Aground at Hog's Bach in fog, pumping, $750; L. Miller, 48, 121; shaft broken, danger disputed, liable to go ashore; help by passenger str. 20 minutes, $1,000; Trans. No. 1, 53, 610. Negligence. — When the service was made necessary by the salvor's own negli- gence, no allowance; tug and tow stranding; Taurus, 63, 137; Taylor, 52, 323; if by joint negligence, tug may recover back the amt. paid by her, except costs; Stone, 6S, 934. Salvors liable as bailee for lack of reasonable care of the vessel salved after the service; boat left unwatched and sunk in slip; *Servis9 v. Ferguson, 84, 202; negligent landing of burning vessel on Hoboken flats alongside another, protracting the fire on each; no allowance; Bremen and Main, 111, 228; Smith, 59, 615. Salvor. — ^A tug may be a salvor to her own tow springing a leak; $800 allowed; City of Haverhill, 66, 169. The salved vessel may become salvor through the break-down of the latter while towing to a port of refuge, allowed $750; Merritt, 106, 970. When unavoidably colliding with a moored vessel in rendering a salvage service (Erie Basin), salvor must pay the damage, and may be allowed it as a salvage expense; Ashbourne, 1)9, 111. Salvor should deliver salved SALVAGE— Salmr. —Continued. 129 vessel promptly, when ovmers are ready to make compensation; $25 de- ducted from $100 award for unreasonable delay in delivery; Float 20, Ms3., 1422. Search, for missing vessel, not fouiui; no Salvage award, or lien, except by con- tract; Soule, 95, 483. Stbanding.— After seamen discharged, seven who saved specie cargo allowed $1,000; master none J Roneador; Aguan, 48, 320; on Brigantine Shoals, Merntt Co. chief salvor, allowed %, and sub-helper company %, as % of a pro rata on the outfit of each; both libels sustained; * Venezuela, 50, 007. At Long Branch great difficulty and danger; ship unloaded before floating, separation thereby of the interests of ship and cargo; sal- vage plant value $400,000; award $160,000 on $4,000,000 value, 1.45 per cent, on specie cargo; 6 per cent, on ship; *St. Paul, 82, 104. At San- tiago, sanding of machinery; wear and tear is an incident, not usually paid for separately; $7,100.84 allowed to steamer, $815 to tug; Niagara, 89, 1000. Opposite Blackwell's Island, grounding in fog, $250 allowed for services to a tug and 3 tow-boats; Moonlight, 72, 282. Towage. — Broken shaft 140 miles from Sandy Hook in heavy sea; award $8,500 and expenses $1,845; four fifths to owners; Harter Act diminishes lia- bility to cargo; *Florence, 65, 248. Loss of rudder, salvor acting as rud- der for nine days into New York, losing four days; $8,000 allowed on $100,000 value; Hasbaye, 71, 742. Steamer disabled, towed 250 miles to Nassau, three days; large values, award $23,000 and $1,500 expenses; special allowances to officers and seamen; Winifred, 102, 988. Vessels Adbmt: oe Debeuct. — Five scows adrift in Harlem Riv. liable to dam- age other vessels, $750; Scows, 50, 227; three scows adrift, sixty miles from Sandy H. ; much ice, storm and cold; Vg of $26,000 value; Luckenback; Scows 3, etc., 50, 570; derelict schooner towed in from sea, 70 per cent, allowed, $3,815 including a stranding expense at salvor's risk; also 2,000 expense for tovnng to N. Y. for'common benefit; Smith, 59, 615; Boat adrift near Mill Rook; $125 allowed; A. Drexham, Mss., 1228; $125 allowed for half hour's towage of tug and tow partly disabled in Hell Oate, imposed on tug in fault. Three Brothers, Mss. 1188. Schooner upset by cannon ball off 'Sandy H.; continuous salvage ser- vice by one tug and successive helpers; no abandonment; bad care, ex- penses; sails stripped; 75 per cent, of the small value, pro-rated; Tilton, 53, 139; City Bath house built on boats adrift by neglect of bailee, is a vessel subject to salvage; $350; Bath No. 13, 61, 692. SEAMEN. See lAens, Pers. Injuries, Repairs and 8., Fishermen. Minor's wages belong to father supporting him; no lien when mate for father, who agreed to pay expenses. Virtual fraud; Hattie Low, 14, 880. Seaman's wages. Consul's discharge. Double punishment; Paul Revere, lO, 156. Personal injuries. Going down poop ladder. Unsafe. Warned. Own fault; Privateer 14 872. Entitled to care and treatment at ship's expense, to heal 130 SEAMEN Continued. his hurts received on 6oord ship, though negligent; City of Alex., 17, 390; in unloading. Open chain- loeker hatch. Ship held; Helios, 12, 732. Lien for worJcing machinery for owners during Govt, experiments on De- stroyer, 56, 310; allowed, ?ifter a forced discharge at Hong Kong, without any hearing on the merits before Consul; Sachem, 59, 790. Lien on ship run by charterer; waiver of rights is not presumed nor upheld; International, 30, 375; Desertion; Cruelty not proved; Wages disallowed; Rothemay, 34, SO; Disabled and abandoned; £7 penalty; §209, Mer. Sh. Act., Harvey, EJ5, 387; *Raleigh, 33, 633. Getting seamen on master's request, is maritime service; Haveron, 88, 301. Advances; Dingley Bill; Foreign shipments; Vouchers denied; State of Maine, 22, 734; Insubordination; Discipline; Forfeiture; Justifiable; deser- tion; Alvena, 22, 861 ; Shipping articles; Voyage, when ended; Disrating; Master's profit on sales, 10 per cent.; Edwin, 23, 255; Expense of cure; Ding- ley Act; Discharge; Extra wages; W. L. White, 25, 503; Extra pay ranks as a lien with wages; Libel filed as on discharge, bars subsequent claim; C. L. Baylis, 25, 862; Articles; Forfeitures imposed in excess of Statute void; ab- sence without liberty don't forfeit entire wages; San Marco, 27, 567. Advance Notes. Valid for 10 days in indorsee's hands; Duncan, 19, 521. Desertion. Two modes of proving; Yosemite, 18, 383. Mere absence not. Pun- ishment of; Brink, 18, 605. See ante. Discharge by "Consent." §4582, Con- strued. Ship sold. Extra pay; Gove, 19, 523. Priority. See Lien, p. 104. Dutch Code. Stevedore, &c. ; Velox, 21, 479. Shipping Articles. Defects, when immaterial; Gove, 19, 523. Control in case of doubt, though avoidable; Elvine, 19, 528. Interlineations suspicious, and disregarded. §4575. R. Vaux, 20, 654. 'See ante. Terms for no definite terms; Yosemite, 18, 331. Short Allowance. — Change of route from China to go around Cape Horn; neglect to call for additional supplies; scurvy; See. 4568; ship liable; Oakes, 82, 759; same; fault not proved; Pactolus, 88, 299. See Heath- craig, 108, 419. Wages. — Fines against not allowed; Alps, 19, 139. Forfeited by desertion. Leaving Yacht. Entry in Log, unnecessary; Yosemite, 18, 383; by mis- conduct, do. 331. Not attachable; City New Bedford, 20, 57. Wages of trip forfeited by desertiom, brick barge; Walsh, 36, 607; voyage broken up, tender to date with voyage home, sufficient; Frank, & W., 45, 488; ship- ped by m,aster, running on shares, not known to seamen; owner liable; Russell, 46, 200. Wages on discharge after articles signed, before voyage begun; Sec. 4537 R. S. ; extra wages and suit in rem allowed; St. Paul, 77, 998. C. L. Baylis, 25, 862. Offset, alleged smuggling, fine, settlement before Consul, *Maracaibo, 79, 809. Desertion at Honolulu, sham hearing on arrest; Consul's certificate not evidence; JBabcock, 79, 92. Wages begin from the day articles are signed, if the Seaman arrives on ship the same day; adverse decision by Collector pre- vents penalty on ship; Sec. 4529; Phillips, 106, 956. Seaman allowed $550 for officer's neglect of seaman's hurts from a fall; Tinandra, Mss., 1426. SEA PERILS. 131 See Carriers, Collision, Barter Act, Seaworthiness, Unseaworthiness. Cargo damage aseribed to, after unusual or long continued severe iveather, on proof of previous inspection and good condition; Mauna L., 7«, 829; Link- later 88, 526; 'Aspasia, 70, 91; broken rivet; *Sandfield, 70, 371; Broken rivets in tank; ^Ontario, lOO, 324; propeller key broken, collision before sail- ing arouiid Cape Horn; repair, certificate; Homberg, UHi, 960. Water-tcay leaks, rough voyage around the Horn; Sintram, 64, 884; Guadaloupe, 93, 670. Insufficient excuse; foundering of a tender ship; heavy deck load; Colima, 82, 665. Glycerine cases adrift; good loading not sufficiently proved; fFrey, 92, 667. Rolling over in slip; topheavy with ice aloft; Germanic, 107, 294; same, by original bad loading; port of refuge; Oneida, 108, 886. Cargo-port wrongfully opened during loading; insufficient watch of ports, or care in loading; Manitoba, 104, 145. I'ort for light, not closed in stormy weather; *Sylvia, Q4, 607; Leaky deck; *Mary L. Peters, 68, 919. Repairs insufficient after hurricane; Guadeloupe, 92, 970. Tank broken by an over-loaded stanchion; other stanchions not in place; Kate, 91, 679. Explosion by detonators; water finds its way through the hole into an ad- joining compartment where sugar is damaged by the water; sea peril; fBooth, 64, 878. See Harter Act, p. 97. Passing safe harbor, Huntington, with tow when weather not threatening; subsequent storm, grounding; sea peril, not liable; Burnett, 56, 266; pulling out bitt of dumper towing in a high sea, subsequent care; Veit, 56, 122; blizzard, unexpected ice floe, E. R. carrying away moored vessels, excused. Trans. No. 2, 56, 313; don't embrace wetting baggage through broken port, unexplained; negligently going full speed through xmeckage; UMajestic, 56, 244; hole caused by accidental log on shoal in slip, Penn. R. R., 56, 301 ; rat holes in lead pipe, preventable; (Euripides, 52, 161; 63, 140; Italia, 59, 617; Vinegar casks broken in heavy weather, staves and marks not preserved; America, 59, 787; Oil damage to plumbago in heavy weather; stowage good; *Dunbritton, 61, 764; needless sacrifice of cattle in storm; *Hugo, 57, 403; 61, 860; opening of deck seams in heavy weather is a sea p.; {Euripides, 52, 161; heavy weather excuses for casks broken; staves not preserved; America, 59, 787; for leaking of oil pipes on plumbago; *Dunbritton, 61, 764. See Perils of the Sea,, p. 114. SEAWORTHINESS. See Damages, Gen. Avg., Carriers, Sea Perils. Depends in part on knowledge and usage; Titania, 19, 101. Requires proper loading and ballast, not top-heavy; Summer, &c., 20, 249. Nor overloading in center to break keel ; Excellenzen Sibbem, 19, 536. Warranty of, by carrier implied; Latent defects; Summer, 20, 252; Tit- ania, 19, 107; Hubert v. Recknagel, 13, 912. Tow held seaworthy, though deck and top-sides poor; Taurus, 63, 138. SufiScient, if the ship have means adequate to repair temporary defects whenever required; *Mexican P., 70, 246; 82, 484. When presumed; *Leeming, 70, 251; is reasonable fitness for the voyage; inferred on proof of competent inspec- tion and certificate; damage after much rough weather ascribed to sea perils; *Warren Adams, 74, 413; M. Reg., May 8, '95 ; same, tea damage; Sintram, 64, 132 SEAWORTHINESS.— Con«m«frf. 884; same, port of refuge, gen avg., Valparaiso; certificate expired; re-caulhing, Mauna L., 7«, 829; same, cargo damage; Linklater, 88, 526; *Aspa9ia, 79, !»1; hrohen shaft, *Leeming (Schiedam), 70, 251; leak in tank; *Britisli K., 8J>, 872; through a rivet in a plate fractured in storm having been ohliqueVy set ; *Sandfield, 79, 371. In ioji/c; *Ontario, lOG, 324. Held not sea/icorthy; on center-board leak in a, calm, five days out; Bohan- non, G4, 883; from topheavy loading of tender ship; Colima, S3, 665; same, case oil and insufficient lallast; Whitlieburn, 89, 526; leaky from a misfitting blind in a cargo-port; *Phoenicia, 90, 116; tank broken by over-loading a stanchion; Kate, 91, 679; insufficient stowage; fl'rey, 93, 667. Old leaking ship, vrater damage to furniture in hilges; Johanne, 48, 733; bent stanchion, rusty holt pulled out of water tank, tea damage; fExe., 53, 155. Inspection. Docking once a year ordinarily sufficient; *Sandfield, 79, 371. Insufficient test of water-valve before emptying the tank on the voyage; *Mexican P., 70, 246; 83, 484; of cargo ports in a new ship; "Phoenicia, 90, 116. See Unseaworthiness, p. 137. Failure to close in bad weather a port left open for light, is " management " under Harter Act; ship not liable ; *Sylvia, 64, 607. See Barter Act. Seaworthiness is not a condition of the duty to pay freight; *Hurlbut, 76, 587. Warranty of, implied in a charter of yacht and owner's agreement to in- sure; *Ronalds, 109, 905. Spare lines necessary on barges for mooring; fPloat No. 4, 89, 877; and an anchor, on Hudson River; Brown, llO, 780. SHIP'S AGENTS. See Principal and Agent, p. 123. Duties, powers and liabilities; Advances; Lien; JBerwind v. Schultz, 35, 912. "Suliote, 33, 919; May collect advances from principal; The Irthington, 37, 143. Ship's Husband has usually no lien; may have when mortgagee; Williams, 15, 558. SHIPS AND VESSELS. See Vessel, p. 139. Purchase of; Managing owners; Authority; De Wolf v. Tupper, 34, 289. SOUNDINGS. Duty to take, in fog; "Express, 48, 323; "Buffalo, 50, 630. STAMP TAX. Internal Revenue; proprietary articles; " uncompounded" means unmixed; such articles are not drugs and not taxable, though chemically compound; Stubbs (Aristol), 91, 608. STATE LEGISLATION. Cannot affect rules of decision in admiralty; liens, laches; bona fide pur- chasers; Lyndhurst, 48, 839; may create personal rights and liens, which the admiralty will recognize; death claims; its conditions binding; JMcCullough, 55, 98; Stern, 110, 996; does not impose liens for supplies on foreign chartered vessels contrai-y to known charter stipulations; good faith; "Kate, 56, 614; nor STATE LEGISLATION. -Continued. 133 give lien for foreign premiums of insurance; *Allianca, 61, 507; not applicable to Federal commissions de bene esse. Sec. 866. U. S. v Laces, 92, 601. STATUTES. See Construction, Crim. Law, Penalties, Pilots. Moiety Act repeals forfeiture of values; ♦Aufmordt, 20, 893. Means Intent of acts, not of master; Curtis, 16, 184, 186. Construction to be reasonalU; tGronstadt, 15, 272; Ah Kee, 22, 519; State of Maine, 22, 734; Fishermen on a lay. Sections 4523, 4391^393; Bounties; C. M. Kingsland, 25, 856; Specially of penal statutes; *Pentlarge, 10, 501. Vessel seized; maxims; contemporaneous history; title; 'Saratoga, O, 322. Falsely stamping "patented," &c.; French, 11, 801. Requires diligence, but not impos- sibilities, of master; Curtis, 10, 184. Legacy tax, 9, 586. "Title of Act"; Pelham, 16, 415. Construction. Copyright; Yuengling, 12, 102. Post Routes; Easton, IS, 590. Appraisers' discretion in examining loitnesses limited to ma- terial inquiries; must be legal and reasonable; Dougherty, 27, 730. STATUTE OF LIMITATIONS. Available to primes in estate; Amendment not allowed after Statute expired; Judson V. Courier Co., 25, 705. Statutory limitations of suits on death claims not enlarged by afisewcey d. Stem, llO, 990. See Bankruptcy, ^. 31 ; Crim. Law. STEVEDORE. See Lien, p. 105. Has lien; H. M. Bain, 20, 389; Velox, 21, 479. Agreement of; Ludgate, 21, 431. His negligence binds the sWp, though appointed by charterer; Goddard, 13, 174; JBoskenna Bay, 22, 662. Named in charter; tBoskenna Bay, 23, 662; By whom paid; Custom; Brazil Hides; Isaacson v. Williams, 26, 642. Ap- pointed by charterer; any rebate to be credited to ship; Lowry, 84, 685; no customary rates for unloading or screwing cotton; *Macy v. Perry 01, 671. STOWAGE. See Carriers, p. 41, B/L, Barter Act, Sea Perils. STRANDING. See General Average, Salvage, Tug and Tow, p. 136. At Hell-Gate, disobeying pilot's orders; Strathay, 27, 562; Negligence on a safe route; McGovem, 37, 868. Two yachts, anchor fouled at start; Gevalia, 39, 47; Kills, dangerous route chosen; Rice 40, 590; general average allowed though afterwards stranded voluntarily; York- Ant. Rule 5 ; Earnmoor, 44, 376 ; by negUgence; haze; no soundings; Old. Prov. Is.; Para, 44, 689. See L'Ameri- que, 35, 835; *Bouker, 40, 839. On North Bros/ Is.; Levering, 36. 511. Sunken rock, out of usual course, Gowanus Canal; *Mascot, 48, 917; Coney Is. Crk. from unusual draft of tow; *Harry, 40, 681; Kennebec Riv., fog, " sun- down glint," justifiable start; custom; Battler, 63, 612; Old Prov. Is. hazy weather, close shave, bad navigation, non-use of alidade; Ins. Co. v. Dexter, 53, 152; in course of a salvage service; expense of is salvor's risk; Wm. Smith, 50, 615; Bergen Pt. rocks; out of channelway ; low tide; Morris, 50, 616; tug and tow grounding, 17 St. E. R.; disputed draft, "about 20 ft."; tug's fault; Em- peror, 61, 990; Vineyard H. West Chop; storm; pilot's ignorance of shore; both 134 STEAND1N6.— Confe>m«d. tugs liable; Taurus, 63, 137; shirting "Nevis Is.; out of usual course, by owner's directions, Trin. v. Frame, 88, 528. Unknown rode, Quick's Hole, out of usual channel, fN. Hale, 91, 682; Grounding by scow in unloading; hvrer liable, though owner's man on board; HastoflF, 92, 398. Obstruction by rock-ireaker in new position, fog; Boston Harbor; Taurus, 95, 700. Buoy of rock 122d St. and Harlem river moved and misplaced; excused; Camberton, Mss., 798 2 M. R., 479. STRHCES AND BOYCOTTS. Longshoremen; Interference; Boycott; Conspiring; Old Dominion, 30, 48. SUBROaATION. Insurers; damage claims; collision; Bristol, 39, 867; bottomry; Force, 35, 767. See *Nicanor, 40, 361; 44, 504; Harjes, 45, 900. For damages paid; fCanima, 17, 271; Whitwell, 19, 547; Murtagh, 17, 259; *Hills, 31, 727. To liens paid; Williams, 15, 558. Of Insurers; *Hadji, 16, 861; An- choria, 9, 840. Of insurer to the proceeds of vessel, after payment of insurance and counsel fees; St. John, 101, 469. On payment of valued policy in full, insurer entitled to sub. without abandonment ; Catskill, 95, 700. Co-defendant holding the primary fund, decreed to pay a salvage debt; JMerritt, 113, 174; Mss., 1595. SUMMONS. See Practice, Process, p. 122. SUPPLIES. See Lien, 104. SURPLUS MONEY. 'See Lien, p. 105. Not distributed except to the owner, or to legal or equitable lienors; *Ad- yance, 63, 704; *Allianca, 65, 245; 70, 258; 74, 256. Campbell, 40, 906. Priorities; execution for a repair bill is subject to a prior mortgage; invalid for want of statutory notice; personal credit; *Allianca ads. Hutson, 70, 248. No equitable lien for hankers, insurers or agents against mortgagee where no credit was given the ship, nor improvement; forbearance by Mortgagee im- material; Brown v. Seg., 70, 258. SUPERVISING INSPECTORS. Authority to make rules. Section 4405 ; Grand Republic, 16, 427 ; JSaunders 19, 121; 35, 727; Rule as to lights, February, 1885, void; Barges, *U. S. v. Miller, 26, 95; New International Regulations, Aurania, 39, 98. SWEI;LS AND SUCTION. See Collision, p. 77. At dock, ice boat; *New York, 3S, 710; 40, 900; In bay; *Majestic, 44, 813; Monmouth, 44, 809. At Pier 1, New Hampshire, 88, 306. TELEGRAPH CABLES. See Navigation, Obstruction. TENDER AND PAYMENT INTO COURT. 135 Aid CUrk's 1 per cent.; seous, if tender before suit; Serapia, 37, 443: Tender stops charges for lighter; Henderson, 38, 43. Deposit orders paid over during appeal, less future costs; Califano, 51, 300. TOPHKAVXNKSS. See Barter Act, p. 97. Unseaworthiness, p. 137-8. Tug dumps lumher; Anderson, 7J), 125. Cargo of case oil; Witlieburn, 89, 526. Glycerine; fFrey, 93, 667. Tender ship; Colima, 82, 665. Lighter transshipping rice; Smith, 110, 680. Lurch in slip from ice aloft; Germanic, 107, 294; do., from had loading; Oneida, 108, 886. TOWAGE. See Lien; Tucker, 20, 129; Salvage, p. 29. TUG AND TOW. See p. 78. See Collision, p. 78; Old boats, Stranding, Whistles, Lien. Old loat fotindered in front tier. Negligence. Deep loaded and unfit for trip. OflTier protested, but not against the trip. Both in fault. Ancient law. Oleron and Wisbuy. Can't run till sinks; Bordentown, IG, 270. Duty of pro- tection. Unreasonable detention. If too overloaded for trip, both liable; *Con- nolly, 11, 342. Tow drawn against vessel at anchor. Tug bound to take safest alternative. Fault of other, no excuse; *Delaware, 12, 571. Hudson Kiver. Right of way, dovm tide. No fault. Place of boat in tow immaterial. Wrong vessel sued. Libel dismissed; Marshall, 12, 921. Rounding Battery. See Col- lision, p. 42. Old Boats, p. 66. Pilot not insurer, or liable for running on a new-found rock, 20th St.; Gar- field, 21, 474; to signal position of tow; See p. 79. Tug with logs, overtaking; Bermuda, 17, 397; Cannot take whole of nar- row channel. Elizabethport,. To give notice and aid to ships at anchor; Lucy D., 21, 142. Cannot change easily. Steamer not to stop in path of; Mayumba, 31, 476; See 9 Wall 672; 7 Ben. 348; JGalileo, 34, 391. Tugs not insurers. Negligence. Putting deep boat in front. Notice and protest good; Niagara, 30, 152. Corlear's Hook. Running close inside a, fault; *Sam Rotan, 20, 333. Morris Basin. Hitting pier to assist turning is at tug's risk. Tow to give notice of her weakness or else entitled to ordinary care only; Syracuse, 18, 828. Tow- age ranks with supplies. Marshalling Liens. Priorities; Tucker, 20, 129. West Point; in rounding, not entitled to half the river. To keep off; Washburn, 19, 788. If tow unfit, both consenting, both at fault (see Niagara, 20, 152). Old boat; second arrest by agreement. Subrogation and recoupment. With- drawal of claims; Murtagh, 17, 259. Ice; Duty of care; Reba, 22, 546. Bamardous undertaking, both liable; JE. A. Packer, 32. 668; Liable for negligence only; High wind; C'asting off in svdden squall; Ronier Shoals; Error of judgment; Charles Allen, 23, 407; Sudden squall; usttal course pur- sued; no fault. Allic and Evie, 24, 745; Duty to seek harbor on notice; Coal boats; Bad pumps; Phila. v. N. E. Co., 34, 505; Same; Sudden gale on Sound, cast away; Pilot has the benefit of doubt; *F. B. Ives, 35, 447; Ice, tug and tow; 136 TUG AND TOW. —Continued. The Narrows; Ice forcing boat ashore; Wreckers get abandoned tow, tug's duty to prevent it; tYoung America, 20, 174; Using wharf for sections of tow through Eell Gate; both liable; Barge No. 6, 37, 472; Hell Gate; Stranding; Tug bound to obey Hell Gate pilot; Improperly assuming control, liable; Error of judgment in extremis; Strathay, 27, 562; Grounding on safe route; Burden on tug to rebut presum,ptive negligence; E. McGovern, 27, 868. Collision in turning; the other excused; Belle, 33, 719; Tow participating in illegal navigation liable; JEckhoJl, 32, 558; Government dredge not whistling in fog; City of Alex., 31, 427; Taking too heavy tow to turn; high wind; Gratitude, 31, 232; Backing a tow in slip against propellor Hade; Willie, 29, 153; Too long tow; sagging, wind; *0'Brien, 31, 494; The Belle, 34, 669; Faulty signal from tow; *Anglo, 32, 798; Tow not in line; McCaldin, 35, 330; Raritan, 32, 847. Stranding on North Brothers Island, vieio obstructed by sail of tow; Lever- ing, 36, 511. Protection from meddlesome salvor; Husted, 36, 604. Cross- libels, see Practice. Negligence, Kills, N. E. storm, open deck, tow lost; later faults disregarded; *Bordentown, 40, 682; Incompetent helmsman; dangerous start to move Life Station; *Bouker, 40, 839. Not detaching boat, as ordered; Willie, 40, 088; Winding around Pier; lines and fenders; Olive B., 40, 904. Sagging in a gale; bad lookout; Burnett, 46, 425. Negligence, to divide tow in a tideway off the battery; Hale, 48, 698; grounding on sunken rock, Gowanus Canal, out of usual course; liable though rock unknown; *Mascot, 48, 917; grounding in Coney Is. Creek; tow's fault for unusual draft and no notice given; *Harry, 49, 681; no negligence in pass- ing a, safe harbor, Huntington, weather not then threatening; Burnett, 56, 266; duraper's poor bitt pulled out while turning in heavy sea, no negligence; subsequent care; Veit, 56, 122; blizzard; carried adrift by unexpected ice-floe at night, inev. ace. Trans. No. 2; 56, 313; continued towing of sunken ice- boat at tug's risk of injuring others; duty of subsequent care by owner, Rondout; Scott, 59, 639; grounding 17th St., E. R.; disputed draft "about 20 ft."; both tugs liable, though one leads; Emperor, 61, 990. Stranding tow, Kennebec R., fog; " sundown glint," custom, as to prudent starting; misleading horn of anchored schooner; Battler, 62, 612; tying fleet for distribution at end of Red Star pier, J. City, as usual; no unlawful obstruc- tion of slips below, when room for exit; Medea, 63, 1014. Mooring in exposed place at Atlantic Basin, southeast storm; tug must watch changes of weather; Governor, 77, 1000. Negligent start on L. I. Sound, when east wind is probable from prior backing to northward, and no way ports or reserved power; *Vander- cook, 65, 251. Towage through ice in night time; boatman lookout, the tug's agent; Rambler, 66, 355. Stranding.- — See p. 133; at Vineyard Haven near West Chop, through pilot's ig- norance; helper insufficient; dd. Taurus, 63, 137; do., on rocks near Constable Hook; *Packer, 69, 741. On unknown rock in new channel off Morris Dock ; *Belle, 89, 870. On rock. Quick's Hole, out of usual chan- nel; tN. Hale, 91, 082; through wrongful cutting adrift in a moderate gale off Cape Cod; Hallenbeck, 110, 556. Haverstraw Bay; adrift from moorings; not rescued in a snowstorm-; no anchor; Brown, 110, 780. TUGiAND 'iOVI.—C'oniimied. 137 Tug not guarantor; only ordinary nautical sliill and prudence required; Taurus, 95, 700. Allie & Erie, a4, 745. But is liable for the risJcs of an unusual course; outside route to Amboy! Municipal, Mss. 1715 *Mascot, 48, 917. Must watch for changes of weather while tow is moored and in waiting; and must go to its relief on changes of weather; Stamford; *Purcell, 93, 406; Atlantic Basin; Governor, 77, 1000; Haverstraw Bay, Brown, 110, 780. Not liable on a sudden gale after a reasonable start; Old Point Comfort rip-rap; *Luckenbach, 109, 487; Allie & Evie, 24, 745. Liable for taking tow with tall masts (134 feet) under Brooklyn Bridge at AtpJi «)a«er; height varies ; 'McMillan, 107, 149. Tugs may have salvage award for extra service to the tow on its springing a leak and requiring deviation; City of Haverhill, «6, 159. Negligent speed through ice in night-time; cutting tow; lookout insufficient; Rambler, 66, 355. Tug carrying long tow is bound to arrange for signals from the tow in fog, to indicate its position to other vessels or come to anchor; *Whitney & Sh., *77, 1001 ; Harold, 84, 698 ; In storm, coming east from the Kills, a tug is bound to examine the Upper Bay before taking the tow out; *Nannie L., 79, 121; same as respects Haverstraw Bay; ^Victoria, 79, 122. Tow, while going to a port of refuge, may become salvor of her own broken-down tug; Merritt, 106, 970. Out- side boats in tow must carry white light at bow and stern; duty of all; Rules of 1897; drifting while abandoned; Lyndhurst, 92, 681. Tow should carry spare lines; t^loat 4, 89, 877; and an anchor, on the Hudson River; Brown, llO, 780. Dividing, or "singling out" tow in tide-way, East River, dangerous; 3 collisions result; Crawford, 68, 939. Same at Battery, Hale, 48, 698. UNSEAWORTHINESS. See Carriers, Sea Perils, Seaworthiness, Usage. To fulfil charter, vessel must be insurable in the judgment of competent men ; Premuda v. Goepel, 23, 410; Rotten spars, etc.; policy don't attach. Cunning- ham, 26, 46; Pumpholes; Bad fastenings; Latent defects; HE. I. Morrison, 27, 136; *Ronalds, 109, 905. Shap broken in a gale; not proof of; Experts; *Rover, 33, 515; Repairing; Unnecessary delay; Secondary drainage; Sugar; Queen, 28, 755; Cattle ship; Brantford City, 29, 373; Leaky decks; *Melville, 31, 486; Open Boat; Tin.; Hall, 34, 904; Engines unfit; Leverich, 35, 305. Breaking up, on stranding, not proof of; *Bouker, 40, 839; Foundering after damage by swells; *New York, 40, 900. Stranding, Pilot drinking; Earnmoor, 44, 374. Rivet hole in rose box, latent defect; Bergenseren, 36, 700. Inferred, when damage arises under circumstances not reasonably expected to affect a ship properly fitted for the voyage ; as on a heavy leak, five days out, in a calm; Bohannon, 64, 883; from a list on leaving port and subsequent shifting of cargo; Oneida, 108, 886; leaky deck after insufficient repair; *Mary L. Peters, 68, 919; the breaking of an eccentric pin; SutclifF, 110, 560; breaking of a propeller hanger and loss of propeller; *Ronalds, 109, 905; cracks in cement of hold and acid-rusting of the bottom plate; *Alvena, 74, 252; dumping a topheavy load of timber in smooth water; Anderson, 79, 125; rice capsizing during trans- shipment in New York harbor; Smith, 110, 680; cargo shifting in a topheavy passenger steamer foundering in moderate storm; Colima, 82, 665; overloading 138 UNSEAWORTHINESS.— Con^/Bwerf. stanchions and breaking tank cover; Kate, 01, 679; topheavy case-oil cargo and insufficient ballast; Whitlieburn, S9, 526; light cargo of glycerine stowed too high; tFrey, 93, 667. Inspection. — Failure to prove thorough inspection or application of the hest tests, leaves burden upon the ship in doubtful cases; misfitting blind in a cargo-port; *Phoenioia, 90, 116; cracks in cement and rusted plate in bottom of ship; *Alvena, 74, 252; rusted hole in a valve-chest; *Priesland, 104, 99; through a burst in a water service-pipe, frozen during loading; Catania, 107, 152; a port wrongfully opened during loading and left so on sailing, making that compartment unseaworthy; Manitoba, 104, 145; same from lack of proof of good stowage of passengers' baggage, even after heavy weather; JKensington, 88, 331. Seaworthiness inferred, where due inspection and care before sailing are proved, and subsequent storms account for the damage, *Warren Adams, 74, 413; M. K. May 8, 1895; same on loss of propellor after voyage around Cape Horn, where prior damage was repaired and new certificate given; Homberg, 106, 960; ballast-tank rivets broken in rough weather; 'Ontario, 106, 324; a, leak in bilge sluice- valves or bulk-head immaterial, where pumps sufficient to control it; 'British li., 89, 872; 'Ontario, 106, 324. Not overloaded, though grounding on the bar near Pensacola in a tortuous channel; Magdala, 'lOl, 303; mem. USAGE. See Collision, Carriers, Custom, Demurrage. Hugging shore illegal; Collision, p. 59. Goods on deck; Canaria, 16, 873. Majority may direct ship to berth; Devato, 30, 510. Salt trade 1000 bushels per day; deduct loet days; Woodruff, 19, 136, 144. Brown-stone trade, ship takes risk of delay for her turn; Fish, 20, 201. Delivery in Brooklyn; Devato, 30, 518. For ship to go with iron wherever each consignee directs; not proved; Izzo, lO, 780. To divide tow and make it up at Port Morris; 'Connolly, 11, 347. To discharge on lighters, common, but not an established custom; Car- sanego, 16, 253; tGronstadt, 15, 274; 'Xielman, 17, 268; 31, 349, 253. Three "idle days" includes risk of bad weather; 30,000 feet per day, in lumber trade; Bowen, 18, 751; Seamen follow engineer leaving tug; Yosemite, 18, 331. On sale of fruit; JBoskenna Bay, 32. 662; Customary stowage and dun- nage sufficient; The Chaska, 33, 156; In unloading lighters; Aalholm v. Iron Ore, 33, 620; Governs mode of discharge; None as to rate for Kainit; Addix V. Kainit, 33, 727; Stowing lighters; tCity of Alexandria, 23, 826; Deter- mines sufficiency of tug and seaworthiness; Allie and Evie, 34, 745; Special local, not binding on foreign master ignorant of it; To change charter, is quasi- fraudulent; Isaksson v. Williams, 36, 642. To carry tea and camphor in same cargo, not proved, Glamorganshire, 50, 840; as to meaning of "about" in charter party, not proved; 'Alert, 61, 504. tiew York usage in gen. avg. gives gross freight on jettison; fChrystal, 83, 472. Can not validate navigation by an unstable or topheavy ship; Colima, 83, 665. Justifies the use of wire ropes for mooring; New Hamp., 88, 306. Makes the current rate of exchange on London in charters the 60-day draft rate; an old usage remains binding until clewrly superseded; for screwing cotton, no settled VSAGK—Oontimied. 139 rate; 'Maoy, Ol, 071; Brown, 9», 220; Don't require loood on dunnage be- tween matting and ceiling; Guadeloupe, iVJ, 670. Dressed lumber seven eighths thick counts as one inch; Bowen, Oii, 227. Immemorial usage for boats to carry spare lines on board; fFloat No. 4, SO, 877. Mo UsAGB, obliging ship to recondition broken hags of linseed, on the B/L excep- tion; Payne, 74, 563; nor excluding all demurrage on brick ca/rgoes; unreasonable and invalid; Cargo Brick, 78, 149. Delivery of dutiable goods to Custom if., valid by Brazilian usage, and dis- charges ship; *Herbst (Asiatic Pr.), 07, 343. Entitles charterer to tiDO remov- als of the ship for cargo at Norfolk; substitutions ; So. Shields, 99, 102. (See Gibb v. Forbes, Mss., 1601.) Is superseded by specific agreement in the charter as to payment of prior inland freight; Clintonia, 104, 92. May explain ambiguous words or phrases in the charter; by the usual construction, a time charterer may despatch his ves- sel upon a final short voyage though her return will necessarily more or less overrun the charter period; Anderson, 104, 913. Alleged custom of tugs not to look out for the tows they take and leave at the stake boat in Haverstraw Bay, not established; invalid, if proved; Brown, 110, 780. A full or main tea cargo must be delivered in the tea district of New York, not in Brooklyn; *Hewlitt, 105, 80. A carrier by land and water agreeing to cover with marine ins., is liable directly to the assured; Goss, 107, 516. U. S. COURTS— STATE COURTS. Foreign Receiver, not recognized; *01ney, lO, 105; Suit in State Court not a good plea in abatement; Tubal Cain, 9, 837. V USURY. New York statute not available to defeat the mortgage bonds of a corpora- tion; *Vigilaneia, 68, 781. VESSEL. A floating public bath built on boats is a vessel; Bath 13, 61, 692; also, a brick barge; lien for wages; Walsh, 36, 607. A scoic platform at n wharf, is not. VOLUNTARY PAYMENTS. Charter of the vessel; whole cargo capacity includes the use of the cattle shelter-deck, for fniit; owner's voluntary acquiescence in its use bars subsequent suit; master's protest ineffectual; Menantic, 88, 308. See Protest, p. 123; Cen. Average, ^. 95. *Nicanor, 40, 361; Belaunzaran, 26, 784. WAIVER. See Gen. Average, p. 95; Practice, Process, p. 118; Seamen, p. 130. WAREHOUSE BONDS. See Customs Duties. WARFARE. See Carrier, Delimery, Contraband, Ifeutrality Laws. 140 WATCHMEN. See Lien, Stevedores. WHARFAGE. See Action, Piers, Lien, Riparian Rights. Meaning; town ordinance; Burnt vessel liable for; Pelham v. Berry, 25, 780; Hell Gate; tow in sections; N. Y. Statute, 1882; "Uses or makes fast to wharf"; Tug and tow both liable; Double rates; Barge No. 6, 37, 472. Duty to collect wharfage. Title of Act; to raise money to construct wharf and pay bonds. Wharfage does not apply to vessel lying sunk and scuttled 12 feet off, though having one line fast to the wharf; *B. F. Woolsey, 16, 418. Renting " dock privileges " includes charge for berth; Brooklyn, 46, 132. On scoios, same rates as " barges" under the New York statute ; maritime lien therefor; *Seow 15, 88, 305. STone, East Chester Creek ; bed uneven; boat sprung; Elting, 50, 112; none, while repa/iring at iron works; is a maritime lien agst. domestic vessel, aside from State Statute; AUianca, 56, 609; do. but a gross price including non-lien sub- jects, prevents Men; *Advance, 60, 766. See p. 105, a/nte. WHARVES AND SLIPS. See Piers, p. 116. Slip owner must keep safe. Negligence of barge after notice. Both in fault. Indistinguishable damages divided; Christian, 12, 884. Anchor in slip not buoyed; owner liable for damages; Alabama, 18, 831. Obstruction. Sunken spiles. Occupant liable, Elizabethport ; fOnderdonck, 21, 588. Highbridge. Sunken spiles; time to avoid them; Swan, 19, 455. Negligent mooring of a pro;ec*inj? boat; tCanima, 17, 271. Projection when allowable. Usage. Light; Shields, 18, 748. Collision with, see Macon, 20, 159 ; Shields, 18, 748. Owner liable for obstruction; Projecting bolts; Lessee; Leonard v. Decker, 22, 741; Pounding; Duty of care and precaution in storm; Lillian M. Vigus, 22, 747 ; Lessee and owners liable for bad construction; Moore v. Oceanic Co., 24, 237; Not liable for sewer discharge; Behan v. Mayor, 24, 239; Fire upon; Dis- charge under general order, exception of bill of lading; *Bgypt, 25, 320; Break- ing doion. with iron; rotten; liable to cargo owner; City of Lincoln, 25, 835; same, secret defects; *Young v. Lehman, 27, 383 ; Damages from sunken spile not recoverable where boat remained without permission; fOnderdonk v. Smith, 21, 588. Ship using wharf, can't litigate wharfiger's title; *Idlewild, 59, 628 ; duty of wharfiger to dredge and keep bottom of berths in proper condition, *Dave, 49, 389; but not in mid stream, E. Chester Creek; Etling, 50, 112. Canalboat impaled on propeller of a steamer warped across the slip without negligence; notice not required; *New York, 88, 556. Surging from swells of passing vessels; wire mooring ropes left too loose, dd. New Hampshire, 88, 306. Grounding on uneven bottom in slip, by a vessel moved inside by stevedores in the captain's absence contrary to his order; consignee liable; Smith, lOS, 881; a moored boat crushed by falling stone-bins in Eondout Creek, owner's neglect doubtful, libellant's neglect to move on notice; d. *Hastoff, 110, 669. WITNESS. See Practice, Interrogatories, p. 121. Pbivileoe. — 'None, in favor of owner in limited liability proceedings on the ground that answer might show knowledge or privity; but emcludes testi- WITNESS.— Continued. 141 mony as respects life-boats, which might subject him to a penalty; Bour- gogne, 104, 833. Protects witness from testifying as to money won by him in gambling — a criminal offence; Feldstein, 103, 269; same, as respects the production of his books in an action for false marking patented articles; Newgold, 108, 341. But the Court must be able to see the danger, or tendency to criminate; McCarthy 18, 87. WRECKS, WRECKAGE. See Collision, wreck, p. 81; Derelicts, p. 90; Penalties, p. 114; Monarch, 89, 875; SMajestic, 56, 244; Mersey, 48, 686.