to have carried any greater number of passengers than is stated in their certificates of inspection, or, if a permit has been obtained, any number of passengers greater than the number mentioned in the permit as additional to the number stated in the certificate of inspection? It is plain, I think, that these sections cannot be applied to ferry-boats carrying on excursions a greater number of passengers than that authorized by their permits. Alaw authorizing permits to be issued to ferry-boats, and perhaps tug-boats and freight-boats, engaged on excursions, specifying the number of passengers they are entitled carry, ::md imposing penalties for its violation, might be desirable and salutary But I am unable to see how the section of the Revised Statutes under which this action is brought can be made to reach the case. It is said that a ferry-boat, licensed only f)S such, when engaged on excursions, becomes pro hac vice a passenger boat. If this he so, the ferry-boat so engaged may possibly be considered as employed without having a license in force. Section 4324 provides that "no license granted to any vessel shall be considered in force * * for carrying on any other business or employment than that for which she is specially licensed.". But this point it is unnecessary to consider, as this suit is not brought for any such violation oflaw, but for the penalty imposed by section 4465 of the Revised Statutes. The demurrer is sustained.
THE STEAM-8HIP SAMANA
(Di8trict Gourt, E. D. New York. October 15, 1888.)
DANGEROUS CURRENT -
The steam-ship E., when about 50 miles north of the east end of the island of Cuba, lost her propeller key, and was thus deprived of motive power. The weather was fine, and the vessel was in the track of ships, but there was not wind enough to enable her. by her sails, to stem a current which there sets towards the rocky coast at the rate of one to two and a half knots an hour. A signal of distress, set by the E., was observed by the steam-ship S., which altered her course, and bore down to the E., and the masters of the two vessels entered into an agreement in writing that the E. should be towed into port and the compensation left to tbe agents of the vessels, either at New York or Boston. The S. thereupon put out a hawser to the E., and with some difficulty towed her safely to her destination, a distance of 240 miles. The S. was not damaged in any way by the towage, but was delayed one day in her arrival at her destination. Her value was $50,000. The E., with her stores was worth $26,000. The claimants of the E. offered $1,000 as compensation for the service, claiming that it was simple towage. Held, that the service was a salvage service, and $4,000 a proper salvage award.
In Admiralty. Libel for salvage. Wheeler, CorMs & Godkin, for libelant. Whitehead, Parker & Dexter, for claimants.
: IReported by Edward G. Benedict, Esq., of the New York bal".
Thereafter It three and a half inch steel hawser was passed from the Erin to the Samana, and at about noon the Samana proceeded on her course to Port Antonio, with the Erin in tow. During the night a heavy sea arose, and both vessels rolled considerably, the Erin. steering very badly. This continued during the next day, and about half past 2 in th& afternoon the steel hawser parted about midway between the twovessels. The Samana then steamed around the Erin, endeavoring to pass hera. line, but, owing to the heavy sea running, was unable to do so, and finally a boat was launched from the Erin, and a new 8-inch Manilla hawser be:' longing to the Samana was made fast on board the Erin, and tho vessels once more proceeded towards Port AntoniD, where they arrived about 8 o'clock in the evening of the same day. The Erin had heen towed a distance of about 240 miles by the Samana, whereby arrival at her destination was delayed one day. Port Bar.acoa was 60 miles from the plflCe where the Erin was taken intow,Gnanta.namo was 147 miles, and Santiago,where there was a dock, was 187 miles away. These passed on the way to Port Antonio, no douht because the master of the. Samana was anxious to reaeh Port Antonio as soon as possible,where a cargo oHruit was awaiting his arrival. No damage was sustl!-inedby theSamana in the performance of this service. The value of the EIJin,.with her stores, was $26,000. She was light, and had no passengers. TheSamana was a new ship, worth $50,000. The claimant otrefl:i' "the sum
of $1,000. 'ntis ,the owners of the Samana deem insufficient compensation for the services rendered. That a salvage service was performed by the Samana cannot be denied. The Ei1n was helpless, at a, point less than, a hundred miles north-east of a dangerous coast, towards which she was driving at the rate of thirty or forty miles a day. If not fallen in with by some vessel, her destruction was extremely probable; but her chance of being fallen in with by other vessl.'ls was great, for was in the channel where many steamships pass. This circumstance, while it goes to decrease the peril, does not destroy it. The Erin was in a position of peril, and was rescued therefrom by the voluntary exertions of the Samana. It has been contended on the part of the claimants that the agreement signed by the masters makes the case one of simple towage. I ,do not so understand the agreement. The service expected of the Samana was, of course, a towing service; but the towing was to be rendered under circumstances which rendered the service salvage, and the Samana is entitled to a salvage reward. In support of the offer made by the Erin, I have been referred to a calculation of the percentages that have been allowed by various courts in cases of salvage service more or less similar to thofle rendered in the present case, and it has been contended that a similar percentage upon the value of the Erin would not amount to more than the dollars offered by the Erin. But no fixed rule for determining the amount of salvage awards can be based on a comparison of percent,ages. Where the value is large, the percentage may for that reason be less. Where the value saved is small, the percentage must be higher, in order to give adequate reward. In this case the assistance required was willingly and promptly furnished. It was sufficient, but it was an easy service. .Most of the actual labor performed was performed by the crew of the Erin. The Samana did not deviate fronl her voyage, although it would have been to the interest of the Erin to have been taken to Baracoa or Santiago, because there was a dry-dock. Taking all the circumstances of this case into consideration, I am of the opinion that an award of $.4,000 would be just.
L'HoMMEDmu .". THE CARONDELET.
(Diairict Oourt, E. IJ. NfM York. ,November 18,1888.)
84LV4GE-STEAM·SHIP AT WHARF-BURNING LIGHTER-TOWAGE INTO STREAMTENDE:a.
A steamer was lying at a wharf, with steam up, when a lighter Dear by caugM A tug, at the request of the rpaster of the steamer. took her intO the stream, and held her there until the burning lighter had been removed, when abe took her back to the wharf: the whole service occupying an hour and a G. Benedict, Esq., o.f the New York bar.