""These are a portion of the claims of small value, which seem to have peen inserted fOJ: the purpose of covering every possible patentable feat· ure of the invention. The tenth claim is for the purpose of covering the rocking motion of the screw against the perforated plate, by which it adapts itself to the face of the plate. In the defendants' machine, this rQcking motion exists, but their plate is not adjustable; their knife is adjustable. and the plate is stationary. I think that this claim, which is merely for the purpose of protecting one of the minor details of the Baker machine, is to be strictly construed; and, as it requires that the plate should be adjustable, and as the defendants' machine has no adjustable plate, the claim is not infringed. I cannot conceive any patentable invention in the thirteenth claim. It is said by the plaintiff to relate to the mounting of the knife upon the end of the screw in such a manner as to be readily removable and detachable for the purposes of repair upon the removal of the perforated plate. I suppose that the plaintiffs' theory of the nature of the claim is a correct one, but I can see nothing which. is akin to invention in the manner in which the knife is mounted upon the screw. . Let there be a decree for an accounting and 9.I;l injunction against the infringement of the first, second, and sixth claims. .
\ THE LEo.
THE ELEANOR. THE LEO
(DiBtrict Oourt, D. South Oarolina. February 6, 1888.)
COLLIIlION-BETWEEN SCHOONER, WHILE WAITING FOR PILOT, AND PILOT-BOAT.
After a pilot-boat has put off a pilot in a skiff for a schooner. it is the duty of the schooner to wait for the skiff, and it is the duty of the pilot-boat to keep out of the way of the schooner. So, where a collision Occurs between the pilot'boat and the schooner while so waiting, the pilot-boat is iu fault, and responsible for the damages which may ensue.
In Admiralty. Libel and cross-libel for damages. McCrady, Sons Bacot. for the Leo· . 1. N·. Nathans, for the Eleanor. SIMONTON, J. These are a libel and cross-libel for a collision occurring off the bar of Port Royal. . On the morning of 1st December last, the three-mast schooner Eleanor, bound for Port Royal, was spoken by the pilot-boat Leo. It being at thilttiiiieOf the morning-6:30 A. M.-quite dark, the pilot instructed
the schooner to lay to until daylight, when he would put a pilot on board of her. After speaking the Eleanor the Leo tacked out to sea in order to turn and get up to her." On coming back to the place where the Eleanor had been, she found that the schooner had gone on, and had crossed and was just within the north breaker, still, however, on the bar. The master of the Eleanor says that he attempted to lie to; but the sea was very high. the wind was blowing a gale from N. N. E., and this, with the heavy flood-tide sweeping westward, caused his vessel to drift so much that he feared that he would get to leeward of the bar. For this reason, after waiting some 20 minutes, he went in. The pilot pursued the schooner, and overtook her within the north breaker. Coming in around her stern the Leo lay nearly abreast of the Eleanor, under her lee, quite close, and again hailed her, offering a pilot. The offer was accepted. A skiff was put out from the. Leo with a pilot, who reached the side of the Eleanor. The sea was-very high. Before the pilot could get ahoard the collision occurred. In their effort to explain how it did occur, the crews of the Leo and of the Eleanor give accounts of the occurrence which cannot be reconciled. The crew of the Eleanor say that when the pilot put off in the skiff to come to her, she was on the starboard taek, forging ahead. That the skiff, finding it difficult to catch up with her, her sails were hauled, and she was brought nearer to the wind, so as to lessen her speed. That the Leo then went out on her starboard tack, then tacked again and came on her port tack, steering as if to pas\, across the bow. of the schooner. Fearing a collision if this should be attempted, the master of the Eleanor drew her sails a little more, and brought her nearer to the wind, so as to give a chance to the Leo to pass. The Leo came down on the Eleanor, and, despite of the effort of the master of the Leo to avert a collision by lowering his mainsail, the latter struck the former at about a right angle at the mizzen rigging. All the crew of the schooner and her master swear that, from the time of the approach of the Leo up to and including the moment of collision. the schooner was on her starboard tack, moving slowly ahead. On the other hand, all the crew and the pilots of the Leo swear that, after the skiff had left the Leo, and she had gone off on the starboard tack, she came upon the port tack. As she did so they saw the schooner also on the port tack. That the Leo at once followed her for the purpose of picking up the skiff, and was astern of her, a little to leeward, about 300 yards. When 'the Leo got about 50 yards from the schooner she found the latter coming rapidly astern down on her, and before she could get out of the way, ahd .in despite of every emut to do so, the schooner came crashing on her. They also all say that the schooner had sterriwayon her when the skiff reached her, and did not go ahead at all. They explain this by the faefs that the wheel of the schooner had been becketed, and had been lett alone, and by the further fact that the master of the Eleanor had managed his sails unskillfully. . It is not to attempt to explain this contradiction, nor to decide between them which story is most credible. - According to the
stat'errlent:ol tbecrew and pilots·of:t'beLeoi ·the '8cbobner was lying to. waitingfof Ii pilot to board' her, as'shewas bound to The Leo, having sent the plIot, could go She determined to go back to the schooner to 'pick up -her skiff. For· this purpose she put herself on a course following the Eleanor, immediately astern of her. She was bound to keep out of the w.ay of the Eleanor. The Eleanor was as ,close to the wind as she could get, waiting, and being bound to wait, in response to a lawful' summoris. The pilot-boat was free. The rqle bfnavigation is imperative. Applying rules 17 and 22 (Rev. St. 823) it was the duty of the: Leo to keep out of the way. As the Leo failed to observe these rules, she was in fault,and by her own admission. ,'rtis ordered that the libel of the Leo be dismissed, with costs. Let it be referred· to the clerk of this court, as special master, to inquire: report the items of damagestls,tained by the schooner Eleanor.
n.' ¥aryl4nil. ,
November 22, 1887.)
SEl>:A.RATE CONTRACT. :..
Under Code Md. ,art. 67,. giving,(section 44) a lien upon certain vessels for aM wqrk done upon such vessels, but providing (section 48) that the lien "shall not entitle the claimant to preference over creditors or claimants: secured by mortgage' Qr bill of sale properly executed and recorded before tobe .secufed;by such lien shall ba;ve accrued," where thereis no entir,6 contract for the repairing of a vessel, but the repairs are done - from day to day upot! the'ordt,rs of the oWner,oilly such repairs will have preference ove.r a mortgage duly executed and recorded as wer.e done prior to. the date of the recordjngof such mortgage.
In .On· appeal from district court.· Thoma88.Baffr and William P. Lyon8, for appellant mortgagee. Thomas S. Hodson,. for appeIlee lienor. BOND, J. The fact$ in this case ltre that on the 6th of October, 1886, the schooner 'Marcelia Alln was libeled in the district court for wages. By order of the court under that libel she \vassold,' and after the pay. ment of the. seamen's wilges fouildto be due, thereinaihder of the pro.ceeds of sale 'Were paid into the registry of the court for distribution to. proper schoonefwas the property of George S. HoIland.The proceeds are now claimed 'by Sumner W; Dana,. by virtue of aClien under a Maryland statute relating to liens for work and labor, and by George S. McCI'eady,undcr'amortgagefromGeorge' S. ex.ecuted and recorded on the 17th of June, 1884. The first Hemin the account for which a lien is claiined is of June 5.. 1884, arid the last is dated Oct. 17. 1884.