penaltits imposed in the aot; e:xceptthe penalty 'imposed by the twelfth sectioIl,where forfeiture Of is added to the penalty imposed on ,the bUt, if it doesio made primarilY " be that under the practice as approved by t4e acljudged<l8SeS the, lien for all tpose penalties against the master that are simply pecuniary forfeitures recoverable in an action of debt mll.y be enforced inaproceeeding in 'rem., regardless of any action in per8d'Tiam, it is cleartHil.Cl1hy: lien whichtilay exist for the fines that maybe ,imposed on the master for those violations of the law declared to be enforced until after the amount thereof shall be determilled by the proper court, in a criminal proceeding against the master. If the master does not owe, the vessel does not owe. To determine whether or not the master owes a fine for a misdemeanor, there must be criminal prosecution wherein the aecused may have the verdict of a jury. A decree will be entered in this case dismiesingthe libel.
THE HUDSON CITY.· BUSH v.' THE HUDSON CITY.
(District Court, E. lJ. Ne1JJ York. March 18, 1889.)
A started out of her slip on a very dark night. at a time when a passing car·t1.0at rendered it impossible for the pilot to see. before he started, whether his course was clear, whereby collision ensued with libelant's sail· ing vessel. which was coming up from below outside of the car·float. Held, that thefel'/.'y·boat was to blame for starting under such circumstances, when a delay ota moment would have avoided the collision.
In Admiralty. Action for damages for collisiQn. Alexander & A8h, for libelant. Biddle & Ward, for claimant.
BENEDICT, J. In this case the evidence shows that the ferry-boat Hudson City, in a very dark night, started out from her pier in the North river upon one of her regular trips, just at a time when a large loaded with cars was passing out from the slip below in such a direction as to shut off the river below from the pilot's view. The pilot commenced his trip upon the assumption that no vessel was in the way, but the moment the car-float passed out he saw the light of the libelant's sailing vessel, bound up the river from below. He at once stopped and backed, but it was too late, and the libelant's vessel was sunk. Upon
'Reported by Edward G. Benedict, Esq., of the New York bar.
, : THE <lL4N MAC LEOD.
tbe,se facts, I am of the opinion tbat tbe Hudson City is responsible fot tbe because tbe. pilot committed a fault in commencing bis voyage on a nigbt, under circumstances whicb made it impossible for bim to know,wbether bis course was clear, when a delay of a moment or two ,would have allowed tbe car-float to pass by, and the presence of the sailing vessel would have at once been known. The case of The Jam, 14,Wall. 189, relied upon by tbe claimants, differs from this in an particular, it seems to me. There the Java, ina, bright, clear day,in the course of her voyage, passed under the stem of a large school-ship. As she cleared the school-ship, a smail vessel suddenly popped out from bebind the school-ship, under the steamer'sbows"baving up to that moment been invisible to every one on board the because behind the sohool-ship. That was held to be a case of accident. Here the fault on the part of the ferry-boat conher voyage in a .very dark night, under circumstances that rendered it intpossible for her pilot to see"before he started, whether his course was clear" when a delay of a moment in starting out of would have avoided the collision. For a ferry-boat to start out of h,er, slip in sucb a night, under such circumstances, is almost to starting out, blindfold, and, in myopinioll, it was a fault 10 to do. The libelant must have a decree. ,
et al. v.
(Diltriet Oowrt, E. D. NeUJ YO'l'k. March 111,1889.)
8ml'PmG-MASTBB-POWEB TO CONTRACT.
A contract made with a tug by a ship-master 60 miles at sea, that the tug Ihall take him into port, and about the harbor when required. and to sea again when bis vessel il ready, is void, as beyond the Icope of the master'. authority.
In Admiralty. Action against the bark Clan MacLeod, to recover the amount of an alleged towage contract entered into by the master of the bark. Wilcox, Adams Macklin, for libelant. Owen, Gray Sturges, for claimant.
to enforce a lien upon that vessel, supposed to have been created by a
lReported by Edward G. Benedict, Esq., of the New York bar.
This is an action in rem against the bark Clan MacLeod