Lincoln telegraph. [volume] (Bath, Me.) 1836-1846, 1841-03-25

Argus, which recently tried before Judge
WARE, in this town, may be of some interest,"
both to Merchants and Fishermen
United states District Court.
Maine District. Adjourned Term. March 3, l54l
Before Hon. AsHUR WARE.
Timothy Spinney Lib VS. Schr FronceS finn
This was Libel in rem filed Feb. 1871, for the
recovery of the libellants share skipper, Of
the proceeds of fishing voyage in said schr
Frances Ann, within the fishing season of lS40.
The libel founded the I'd Sec of the Act of
Congress of June 10, 1873. Sets forth that on
the I'd May, 1910, the libelant contracted with
the owner of said schooner so serve or board as
skipper, during the fishing seasoa, and that with
the fishermen who also subscribed the agreement,
he was to receive share of the proceeds of the
voyage--that he continued on board said vessel,
pursuing the fishing business, till Sept. 81, 1910,
when, having delivered to the shoresmen and
owners the fish caught during the fares, he de-
Ivered up the vessel and furniture to them, and
now claims his share according to the agreement,
the value Of which he states, and prays for the
production of the original agreement which he
alleges is in possession of the owner.
Upon the return of the monition Amm r.
Mitchell and d. Oliver, owners interposed as
claimants, and filed this answer praying for re-
lease, because, LIST. The libellant abandoned
the vessel before the expiration Of the fishing
season.
I'd. That the libellant withheld from the owners
the information that said schooner had not been
actually employed at for the term OF four
months, whereby the owners failed to obtain the
bounty.
Sd. That the lbelant was indebted TO the
spondents in an amount greater than the lbellant
share of the proceeds of the voyage.
18th. That the libel was prematurely COM
menced.
The original contract was produced by which
it appeared that according to the requirements of
the statute, an agreement was made by the libel
liant, as skipper, with the owners and fishermen
to pursue the fishing business in said schooner,
during the fishing season; and upon terms com
monty stated in fishermen agreements, the con-
tract being in the usual printed form, with the
exception that the shares to be received by skip
per and fishermen were left in blank, and stpu-
lation added that they not to receive any
part Of the bounty.
Libellant proved that he was to have one half
of all the fish he caught, and ten dollars III addl-
ton that by the account of the shoresman and
Gales OF the fish made by the respondents, his
share at fair market prices would amount to $780,
50-that he faithfully performed his service as
skipper from the day of sailing in May, till Sept
9Th, 1910, when having become sick, and unable
TO labor and having delivered all the fares to the
respondents, he caused the vessel To be moored
at her usual anchorage near the respondents
dwelling house and wharf, TO which the vessels
last fare and fishing tackle were carried by the
crew, one of whom of one of the re-
Spondents, residing in his family; that he called
at the respondents house but not finding him at
home went 30 his own home in the neighborhood
of the respon dent, where he has since remained
debiltated and unable to labor, frequently raising
blood. In October libelant demanded of re-
spondent his share of the fish caught, and in
January his share of the proceeds The vessel
laid at respondents anchorage under fishing pa
pers on board Til November, when having taken
coasting license she employed IN THIS trade
and in November respondent disposed OF the
principal part of the fish caught on the voyages
part for cash, and part on time. In January the
owners applied at the Custom House for the
bounty, fling there certificates OF the quantity
of fish caught and cured, and that the vessel had
been actually employed at sea in the codhslery
more than four months, and stating that the libel
liant was out of health as to be unable to ap-
pear. Prior to December respondents called on
iIbellant for account Of fish caught on the voyage
and time employed at sea. L.bellant gave
spondent account of number Of fish caught by
skipper and each fisherman, but did not furnish
account Of time actually employed at sea, at
same time demanding OF respondents his share
of the fish
Respondents offered MIR. Mitchells account
against libellaut for sundry charges on book
count, for wearin. apparel and family supplies,
and for amount Of note VI hand doe respondent,
the whole exceeding the amount OF lnellants
share of the proceeds Of the voyage; and il ap-
peared in evidence that libellant caused informa-
ton to be filed at the Custom House relative to
the time the vessel had been employed in the
fishery, which prevented the owners from obtain
ing the bounty claimed The respondents we're
informed by one of the fishermen that the schoon-
er had been actually employed at more than
four months.
Proctor for Libelant cited Act of Congress,
June 10, 1913. Sec. 2.-and Wizards and ux. VS.
Dorr. 3. Mason, III.
Judge Ware. The offset not being supplies
for or on account of the voyage cannot be allow
ed The libellant being prevented by the act of
Providence from any farther prosecution of the
voyage did not so abandon the vessel or desert as
10 incur forfeiture of his wages or share. 1t
was within the power and the duty of the
respondents, if they intended to claim the bounty,
10 have kept the vessel employed in the fisheries,
during the full time required by law to entltle
them to it.. By the contract it was stipulated
that the skipper should receive his share of the
fish caught in Specie; that is to say in kind, and
having demanded his share, his right to the same
was perfect as soon as the fish were cured and
consent of the libellant, even tho on time, did
not preclude libellant from receiving his share Of
the proceeds in money, at fair market price
me sum OF ten dollars promised was TO be PAID
ON the completion of service for the whole fishing
season, from which libellant being prevented by
Providence cannot now claim any part pro
rata as for wages.
Decree for libellants share Of the proceeds of
fish caught amounting to 1850 and costs.
Howard Dist. Attorney and J. 8. SewaU of
Al. III