589 Dar blast of his steam-whistle, and thereupon such steamer shall pa.ss to the right or on the port side of.each other." The pilot of the JohnBon Brothers was the firat to determine the course, a.nd by one whistle gave notice to the Clifton to port her helm and pass to the right. But the pilot of the Clifton, wishing to go into the Twelfth-street dock by the shortest way, declined to accede to the arrangement, andreplied with two whistles rather than one. It was as if he had said to the Johnson Brothers: "1 hear your single whistle, but I give you notice, by returning two whistles, that I do not mean to comply with your request and go by you on your port side. I prefer to hug the wharves, and pass you on yourstarboard side,although the first rule or regulation, governing both of us, gives the pilot of either steamer the right of first determining on which side he. will pass the other, and when he has given the notice of his determination by a single whistle, th e othermust accede by returning sarile ing'to the right, or on the port side pf each other." '. ,. There must be a. decree for the libelants_ and'a referenoe '\oI:£Boertam the damages. . ,
,TIlE ·FEnRERI.·
(Uireuit Oourl. E./J. New York. December 14, 1882.) CONVEltSION-JUUIflDICTJON-CASll: AFFIRMED. , '. . ::,1,
Decision of the district court. in the liame caaeaJlfrmed. FED. HEI'. 468. . , ,', : I '," '; ; '.', r;
TMFfI"'tJrl. II " ..'\ l . _
In Admiralty.' . j::, fP.". W. Goodrich, ·fol' Uhelan:ts.' , . . :'; . alto; for claiw,llont. , ' " . \BLA'J;CHFOJ,m, Justice. I have- eareftilly examined thepmQfll:in thE!se cases, and considered ,the questione' argued 'atthe bar., I :\Fhe opinion of the fQr,th the f-acts cur in :tbe; pt.Qof-s show .80 ,right· in the libelants:to lIuit in rem "gaillllt' th.Q:v6sBel the resin; that, unMr, tbe averments in,theliqel,and.iiaprayerj ,a"cleoree for for caQ.; be ,suBt11ined,; . and: that a right to requirE! the si-gnin8 of the; billo! which they {romtl1e master. : tbe;yhad ,B. right ,to "hLiin, the benefit Of tbEl. contract of ship:Ql&J;lt ma.de by Miohel ,with th&,Yessel ,is I
-Reported by R. D.
W.rllys..Bcnedict..
:;90
REPORTER.
questIon not necessal'y to be deeided. The discussion of the facts lnd the law applicable to the case 'by the district judge is so full and Ghorough than nothing can be added to its force. Decrees must be entered for the'amounts of damages awarded be. low, with interest from September 27, 1881, with the costs taxed in favor of the libelants below, and their oosts in this court, the bills of -lading deposited to be returned on
THE JULIA
L.
SHERWOOD.-
(District Court, E. D. New York. December 5,1882.) 1. VESSEL-LAnOR 4ND MATERIALS, SUPPJ;.IED-LIEN UNDER STATE STATUTE. "fhe facts that a domestic vessel 'was placed 'upon a dry-dock for the purpose of being repaired, that she was there repaired,ahd had not left tbe place'where up \o,the time Qf ,tUing (10 libel her by the owner of the dock for labor and material furnished, are sufficient to support a lien on the vessel tberefor under the New York state statute. ' 2, SAME-FILIJ>G SPECIFICATION {IF· LIEN·.
The statute does not require the filing of a specification of lien, except in case the vessel departs from the po:-t. 3, STATUTORY LIEN-ENFORCE'MENT IN ADMmALTY.
Semble, that the facts proved in this case showed a lien enforceable in admiralty, aside.:lrOm' the provisions of thc state statute.
In Admiralty. TurtisG. Bergen, for libelant."; s. B. Caldwell, for claimant. BENEDw'r, D. J. The bill presented by the libelant, Theodore A. Crane, to the claimant and signed, by him as 'correct, coupled with the positive .evidence of a subsequent admission of its correctness by the, cla.imant, affords abundant prO<lf of, the averments of the libel that the items ,of labor and material mentioned in the bill were supplied by the libelant' to the boat upon the request of the owner. There is also proof in the case that such labor and material were necessary to the repair of the boat. The defense that this labor and materiallWere furnished upon the sale personal credit of the owner of the boi!:t, und to be paid for in four months, is not proved to my satisfaction. .Neither has it been proved to my satisfaction that the wbrk was performed under a contract to do it for a specific sum. entitled toa ,decree for the amount of the The ""Reported by It D. & WyllJ"s Benedi6t."