point, tbat the lack of means of rapid communication renders oftentimes useless. In this case the cargo has been appraised; by appraisers appointed by this court, in its present condition and circumstances, at $46 per bale for the dry cotton, $38 per bale for that partly wet, $27 for that wet, and $16 per bale for the loose cotton, and no objection has been made to the same. The materials and stores have been sold for $2,751, and the proceeds brought into the registry of the court. Considering the entire case and all the surrounding circumstances, it is ordered that from the foregoing values all the expenses of landing, stor-. ing, watching, and labor heretofore incurred and the costs herein be de-" ducted, and the libelants and.petitioners have, receive, and recover the following rates of salvage on the net values so found of the quantities severally saved by them, to-wit: Oil the cotton saved dry and appraised at $46 per bale, 25 per cent. On that partly wet and appraised at $38 per bale, 331 per cent. On 435 bales wet saved from water less than 6 feet, 40 per cent. On the balance wet saved by diving in water more than 6 feet in depth and loose, 50 per cent., and on the proceeds of materials and stores, 45· per cent. This will give the salvors engaged in the entire service between $45 and $50, and others, who worked a portion of the time in saving special lots, a somewhat less amount, according to the amounts saved by them.
THE SOLIS. l BRAGA
(Otrcuit Oourt, E.
n. New York.
June 28, 1888.)
On the 1st of June, 1883, C. :aros. & Co" co&lmerchants and colliery proprietors of London, who were accustomed to furnish supplies of .coal to the libelant, B., a coal merchant of Montevideo. enterQd into a contract with a steam-ship company to furnish all the coal required by the latter at MQntevideo for the use of their steamers during the remainder of the year 1883, payment to be .made by master's draft. This contract C. Bros. & Co. made in their own name, but acting in the matter as agents of B.. to whom the contract was sent. in the regular course of business between them and B. ,Thereafter B. furnished coal at Montevideo to three vessels of the steam-ship company, at the request of their respective masters. and received for the same in each case the master's draft on the steam-ship company. The company subsequently, and before the maturity of the drafts, went into bankruptcy, and B. brought this suit against one of the vessels to whicll he had furnished coal. A mortgagee of the vessel defended on the ground that the ellal had been furnished on the credit of the owner, not the vessel. The draft was tendered on the trial to proctor for claimant. The court finding as a fact deducible from the facts of the case that B. furnished the coal to the steamship on the credit of the vessel. held, that libelant's claim constituted a maritime lien on the steam-ship, and that he was entitled to a decree.
LIEN-SUPPLIES-COAL-NATURE OF CONTRACT.
'Reported by Edward G. Benediot, Esq., of the New York bar.
In' Admiralty. On appeal from'district court. , This was an affirmance of the decree of the district court. court rendered no opinion on the case. Ullo, Ruebsamen & Hubbe, for appellant. Wilco:l:, Adams & MackIin,for appellee.
BLATCHFORD,. Justice, In this case I find the following facts: 1. On the 1st day of June, 1883, Cory Bros. & Co., colliery proprietors and coal merchants" of London, England, through their agent at Barcelona, Spain, Juan M. Martinez, entered into a written contract, at said Barcelona, with Compania de Transportes Maritimos, of said Barcelona, a corporation duly organized and existing under the laws of Spain, under and by which they agreed to sell, and did sell, to the said Compania de Transportes Maritimos all the coal required by the latter at the port of Montevideo, Uruguay, during the remainder of the year 1883, for the use of all the steamers of which the said corporation were the managing owners, at the price of 43s.6d. British sterling per ton of 20 cwt., payment to be made by the captain's draft on the said Compania de Transportes Maritimos, at 90 days' sight, payable in London. The said clause in regard to payment was, by said contract, made subject to the approval and consent of Antonio F. Braga, the libelant in this suit, who resided and carried on business at said Montevideo. Exhibit A in the record, annexed to the deposition of Richard Cory, is a copy of said contract. 2. The regular course of dealings between said Cory Bros. & Co. and said Antonio F. Braga at that time was as follows: Braga was a customer of said Cory Bros. & Co., and bought coal from them for' his own account, which would be shipped by them to him, to Montevideo. They would enter into contracts to furnish coal at Montevideo to steam-ships bound there, and advise Braga of such contracts, and send them to him. Such contracts were made by them in their own name as principals, but as between themselves and Braga they were acting as agents for ;Braga. The customary mode of payment was by captain's:draft on managing owners at 30 days' sight, payable in London, to the order of Braga. It was customary lor Braga to relTJ.it such drafts to Cory Bros., & Co., who would credit their amounts to Braga in account current. 3·. The before mentioned Exhibit A, was mailed in the regular course of their busineEls dealings by Cory Bros. & Co. to Braga on the 8th of June, 1883, and thej\!advised him that, under competition, they had been obliged to make the payments at days' sight, subject, however, to his approval, and that, if he objected to the concession, he had a right to nullify the contract. 4. The libelant furnished at Montevideo, on the 4th of November, 1883, 629 tons of coal to the steam-ship Tivaller, and thereupon received the ·draft of the master of that vessel at 90 days' sight, on Compania de Transportes Maritiinos, payable in London, to the order olthe libelant, for £1,379.2.9; on the 24th of November, 1883,626 tons of coal to the steam-ship Claris, and thereupon received the draft oithe master of that
vessel, at 90' Compania de Transportes Maritimes, payable in Loildon,to the orderofthe libelant; for £1,366.13.2; and on of 700 tons of coal to the 'steam-ship Solis, and thereupon received the draft of the master of that at 90 days' sight, on Compania ge Transportes Maritimos, payable in London, to the order of the libelant, for £1,541.4.5. All of the said coal was the property of Braga, and none of it was the property of Cory Bros. & Co. The coal so furnished to the steam-ship Solis was necessary for the prosecution of her business. ' 5. Braga indorsed and remitted said three drafts to Cory Bros. & Co. on account of his general indebtedness to them for coal shipped to him; and Cory' Bros. & Co. gave Braga credit for their amounts on their books; Said drafts were presented by Cory Bros. & Co. to the said Compania de Transportee Maritimos for acceptance, and they were accepted by the latter, aodmade payable in London. The draft for £1,541.4.5 was accepted on February 8, 1884. 6. The steam-ship Solis, at the time of the making of said contract, and of the furnishing of said coal to her, was owned by one Pelegrin Pomes y Bordas, of Barcelona,' Spain, but was, by special agreement, chartered and managed by said Compania de Transportes Maritimos, which corporation was then engaged in running a line ofsteamers between the river La Plata and European ports. 7. The master of the said steam-ship Solis had notice of the existence of said contract, and had instructions from the said Compania de 'Transportes Maritimos to obtain the necessary supply of coal at Montevideo. under said contract. 8. On his arrival at Montevideo, the said master, on his own request, made to said Braga, obtained the necessary quantity of coal from said Braga for said steam-ship Solis, and signed the said draft for the value of the coal delivered on board the said steam-ship, according to the price and the terms mentioned in said contract. 9. The invoice for the said 700 tons of coal supplied by said Braga to the steam-ship Solis was made out, and the said coal was charged, to Compania de Transportes Maritimos, and payment of the same was acknowledged by the said Braga, at the foot of the invoice, in the following words: "Received in payment a bill drawn by Captain Luis Cairo to my order. and at 90 days' sight, on the Compania de Transportes Maritimos, of Barcelona. payable in London. ANTONIO FERNANDEZ BRAGA, per Walter Harley." 10. After the acceptance, and before the maturity, of the said three drafts, the said corporation became insolvent, and went into in conformity with the laws of Spain. Regular legal proceedings instituted in the proper court in Barcelona to wind up the corporation. In these proceedinp;s Cory Bros. & Co. presented their claims as creditors agaiust the said corporation for the amounts of the said three drafts, and the same were allowed in favor of said Cory Bros. & Co., as proper clajms against said corporation, and as entitled to share in the proceeds of its assets.
11. Atthe time when the said contract was made, and at the time when the said coal was delivered to said steamship Solis, the claimant herein, the Steam-ship City of Lincoln Company, Limited, a corporation organized and existing under the laws of the United Kingdom of Great Britain and Ireland, was the mortgagee of the said steam-shi p Solis, 4er engines, etc., by virtue of a mortgage for £16,500 British sterling, which mortgage was given to it by said Pelegrin Parnes y Bordas for part of the purchase price of said steam-ship, sold to him by said clahn,ant; but said steamship was in the possession of said, Compania de Transportes Maritimos with the assent of said Pelegrin Pomes yBordas l and of said claimant. 12. The said draft for £1,541.4.5 was, on the trial of this action in the district court, tendered tQ the proctor for the claimant, and filed in that court. ,, 13. The facts stipulated as existing facts in the stipulation in the record dated May 11, 1888, signed llY the proctors for the respective parties, are existing facts. 14. Nothing occurred in regard to the giving or taking of said draft 'for £1,541.4.5 in payment for said coal, except what is contained in said Exhibit A, and in said receipt at the foot of said invoice. 15. As a fact deducible from the foregoing facts, the libelant furnished said coal to said steam-ship Solis on the credit of Said steam-ship. On the foregoing facts I find the following conclusions of law: 1. 'l'he claim of the libelant constituted a maritime lien on said steamship Solis. 2. The libelant is entitled toa decree for the sum of 37,458.44, with interest from January 1,'1884, and for $62.65, his costs in the district , COUl,'t, as taxed, and for his costs in this court to be taxed.
THE DAqOTAII. BOSCHERT 'IJ. THE WYOMING.
SAME 'IJ. THE DACOTAH.
(DiBtrict Oourt. B. D. Missouri. lune 16, 1888.)
HABITIME LIENS-UNDER STATE LAws-AT HOME PORT-FOB SUPPLIES-VALIDI'l'Y.
Rev. St. Mo. 4225, 4226, providing that vessels shall be subject to a lien (1) tor wages; (2)for debts contracted on account of stores. supplies, labor, or materials furnished; (S) for sums due for wharfage or anchorage; (4) for demands for violation of contract of affreightment or transportation, and for injuries to person or proper'ty; and that liens shall have priority in the foregoing order,-are valid, as creating a lien for 'labor, materials, or supplies furnished in the home port, and such lien is. enforceable in admiralty, and is of equal 1ignity with those for like claims contracted in foreign porta. .