ABANDONMENT.-See ADMIRALTY, 13
ABATEMENT.-See PRACTICE, 28, 30, 31.
ACKNOWLEDGMENT.-See REAL ESTATE, 13, 14.
ADMIRALTY.-See NAVIGATION.
1. COLLISION.-DUTY OF PURSUING STEAMER.-Where two steamers are
going in the same direction, it is the duty of the pursuing boat to
avoid the other. The W. H. Clark, 295.
2. DUTY OF LEADING STEAMER.—This rule, however, does not justify the
leading vessel in suddenly changing her course so as to embarrass,
or throw herself across the track of the other. Id.
3. DISTANCE TO AVOID COLLISION.-Where there is no opportunity of
passing, the pursuing boat should keep such a distance as to avoid
all possibility of a collision. Id.
4. STEAMER LIABLE-NOT RAFT IN TOW.-When the colliding boat has
a raft in tow, the boat is liable, not the raft. Id.
5. The boat furnishing the motive and directing power, having the
pilot in the pilot-house, and giving the signals to the crew, must be
held responsible for the proper management of the raft. Id.
6. CHARGING TO RAFT EXPENSES OF STEAMER DOES NOT CHANGE RULE.
-The fact that the expenses of the boat and its officers were charged
to the raft, and that the owners of the raft employed the boat, is not ma
terial. This is a proper method of keeping the accounts, and does
not affect the maritime relations of the boat and raft. Id.
7. ADMIRALTY JURISDICTION OVER RAFT.-It seems, that admiralty
jurisdiction could not be sustained against a raft. Quære. Id.
8. REPAIRS ON OLD VESSEL-Full charges for repairs should not be al-
lowed when the boat was old and somewhat decayed. Id.
9. AMOUNT ALLOWED. The party repairing should show positively that
he has only reinstated the vessel in the condition she was before the
collision. Id.
10. COMPENSATION FOR TIME.-The full amount which she might have
earned should not be allowed as compensation for time lost. Id.
11. COLLISION-RULE OF DAMAGES-To a libel for collision, it is not a
sufficient defense to set up that a sound boat would not have sus-
tained any damage from the collision. Such allegation is mere
conjecture. The Sam Gaty, 190.
12. The proper rule of damages is to allow the expense of raising the
vessel and putting her in repair, with a reasonable allowance for loss
of time and freight, and damage to the cargo. Id.
13. ABANDONMENT BY OWNER.-Where the owner had, after collision, al-
lowed the boat to lie until she became worthless, he can only recover
under the above rule. He has no right to abandon the vessel and
claim a total loss. Id.
14. ESTIMATED DAMAGES.-Where, in such case, the only evidence in-
troduced was as to the total value of the boat, the court may either
allow nominal damages, or estimate them from the court's knowl
edge of such cases and the general facts proven. Id.
15. DUTY OF APPROACHING TUGS.-Where tugs are approaching on con-
verging lines, and one gives the signal to pass a-larbord, to which
the other answers that she means to pass a-port, and the first repeats
her signal, the first has not the right to presume from a failure to an-
swer her second signal that the other has yielded her course, but
should proceed cautiously, and not run across the lines of the other.
She must take notice of the fact that there is danger of a collision,
even though the other tug may be in the worng place and on the
wrong course. The Louis Dole, 172.
16. WHERE RIVER BEGINS.-The rules of river navigation apply with
full force on the Chicago river to the extremity of the pier. Id.
17. RULE OF THE RIVER.-Outgoing tugs should keep south of the cen-
ter of the channel, and incoming tugs to the north of it. A tug going
out along the North Pier is in the wrong place, and chargeable with
the consequences. Id.
18. RELATIVE LIABILITY OF TUG AND TOW.-The captain of a tug is
bound to know the sailing qualities of a vessel which he had towed
into a harbor on several previous occasions. The Tug Margaret, 352.
19. He is also bound to know the condition of the harbor, the effect of the
wind and waves, and the necessary course to safely enter the har-
bor. Id.
20. Though the tow should be properly steered and follow in the wake of
the tug, the responsibility as to the mode, manner and speed of en-
trance, and the course pursued, is with the tug. Id.
21. CLAIMS OF CAPTAIN.-The contract of the captain of a vessel for his
services is a personal contract, and he has no maritime lien for his
compensation as such. The Monongahela, 131.
22. His claims for advances for board of crew and purchase of supplies
may, however, be allowed out of proceeds in the registry. Id.
23. CAPTAIN HAS NO LIEN-SERVICES AS CLERK.-It being a well-estab-
lished rule in admiralty that the contract of a captain is personal,
and that he has no lien for his services, he cannot maintain a libel
for additional services as clerk or manager without showing a special
contract designating the extra compensation to be paid him as such.
The Gate City, 200.
24. EFFECT OF SALE OF CLAIMS.-The lien of a mariner is strictly per-
sonal, and if he reduces it to common-law judgment, which he sells,
no libel can be maintained thereupon, either by himself or for the
benefit of the assignee. Id.
25. BOAT USED FOR FERRY.-A vessel plying between several points on
the Mississippi river, on opposite sides, and within a distance of six
miles, is amenable to the admiralty, even though her main business
be that of a ferry-boat between points on opposite sides of the
river. Id.
26. EFFECT OF FERRY FRANCHISE.-The fact that such boat was owned
and run by a company possessing a ferry franchise does not change
the character of the service. 1d.
27. The width of a stream or length of a voyage is no criterion by which
to determine the character of the service nor the question of admir-
ality jurisdiction. Id.
28. WAIVER OF MARITIME LIEN.-A mariner's lien will not be consid
ered as waived by anything less than an express contract. Attach-
ing the vessel under a state law, and settling that proceeding on re-
ceiving notes secured by a mortgage on the vessel, which afterwards
became worthless, does not constitute a waiver of the maritime lien.
A libel may still be sustained, and the decisions as to waiver of the
liens under state statutes are not applicable. Id.
29. DUTY OF A MATE-LIEN-CLAIM ON DEATH OF OWNER.-A mariner
can maintain his libel against the vessel, though the captain be the
owner, and die during his service. He is not bound to take any
notice of the ownership of the vessel nor to follow the estate of the
owner into the probate court. The Fanny Gardner, 209.
30. DUTY ON DEATH OF CAPTAIN-COMPENSATION.-A mate who takes
command on the death of the captain, is entitled to maintain a libel
for the entire voyage at his contract price as mate. It is an incident
to his contract as mate that it may become his duty to take com-
mand, and in that event, he neither loses his lien nor becomes enti-
tled to master's wages. Id.
31. LIEN FOR WAGES.-Seamen have a lien on the freight and cargo for
their wages, and where the charterer of the vessel is also the owner
and consignee of the freight, the lien nevertheless attaches, and the
freight will be the amount which the transportation was fairly worth.
The Clayton, 162.
82. LIBEL BY INSURER.-In case of a total loss of a cargo by collision,
a libel may be brought by the insurer against the colliding vessel,
after notice and proof of the loss and demand of payment, though
without actual payment. The Manistee, 381.
88. WHEN WILL LIE, THOUGH LOSS NOT ACTUALLY PAID.—The insured
having been fully satisfied for the loss, and not intervening or op-
posing the prosecution of the libel of the insurer, the carrier cannot
be permitted to raise the objection of non-payment of the loss before
libel brought. Id.
34. POLICY ISSUED IN DISREGARD OF STATUTORY REQUIREMENTS.
Where the statutes of a state require foreign insurance companies to
comply with certain requirements, and declare penalties for doing
business in disregard of these requirements, in a case of a loss on a
policy issued in disregard of such requirements, a carrier cannot be
permitted to make this a defense to a libel, the loss having been paid
by the company. Id.
35. SEIZURE.-A libel of information against a steam vessel, to recover
the penalty for not being inspected according to the Act of Congress,
to provide for the better security of life on board of vessels propelled
in whole or in part by steam, cannot be sustained, if a subsisting
seizure of the vessel at the time the libel is brought is not alleged,
and which is to be proven at the hearing. The Tug May, 449.
36. STEAM-TUG INSPECTION.-A steam-tug employed in towing rafts and
lumber on a river exclusively within the state is not a common car-
rier nor liable to seizure for not having been inspected. The Tug
Oconto, 460.
37. A seizure must be alleged in order to give the court jurisdiction. Id.
38. DEMURRAGE.-Damages in the nature of demurrage are recoverable
from consignee without stipulation in bill of lading. Fulton rs
Blake, 371.
39. REASONABLE TIME-CUSTOM OF CHICAGO.-What shall be deemed a
reasonable time must always be a question of fact, to be determined
by the circumstances of each case. By the custon of the port of
Chicago, one day is allowed the consignee to provide a dock, and
this custom, unless rendered unreasonable by controlling circum
stances, should be considered a law. Id.
40. DUTY OF CONSIGNEE.-A consignee is bound to give only such dis-
patch as is reasonable under the circumstances. Id.
41. Consignees must provide such reasonable dock-room as their business
ordinarily requires. Id.
42. DOCK ROOM.-A consignee who has provided sufficient dock room
for vessels as they arrive, is not at fault when, from causes over
which he has no control, they all arrive together. He is not obliged
to procure other docks; vessels must await their turn at consignee's
dock. Id.
43. If a consignee had provided ample docks for the accommodation of
vessels consigned to him in their order, vessels arriving out of the
time when they ought reasonably to have been expected must await
their turn. Id.
44. DUTY OF SHIP OWNER.-A ship owner who provides a sea-worthy
vesssel properly equipped, and commanded by competent officers,
has disharged his duty towards the subordinates, and cannot be held
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