The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-09-21
United states CirV ai. Court.
DECISIONS IN ADMIRALTY ON APPEAL.
He l.hIei IisIac. M


JAMES STEAMSHIP ONO
SEPT 20 = NELSON, The tibet was Rlsd In the
court below by the appellant TO value o.
tersls furrbed ths but dees Ia tbs coostuc
st.sDsbi, Ohio ano the DOR question 10
this State Being dones rh p Is only under
Law tbat che can be cnsIg-d AZ all The osio~
hello sbe not liable and d., missed the suit rne
turn the effect Of the made By he
wi the contIac to build the O.sn ~ish
the true construction # thu ate statute TIE stsas
provides that dsbt amounting 70 dfty dol
lars or upwards shall be c,otrsc By the IN .sssr
agent of any ship vessel within
this s ate for either o. the following purposes-l Ga
account OF any wOIk done materials attices fur
pisb@d 10 this State for ro~Erd the bui ding repair
flung, tnInhiDg or equ'ppng snca ship or vessel, /"
hc such debt shs be lien uDOu such shtO oc vsssel
her tackle, apparel sbd u rnurs shsl DO preferred
to FL 9th er Irene thereon except mariners e R
was entered Into b, George Law ana his assoc atss
~'h the firm Of B.bop 81 aoosoo, shpoun,ss,
6, the city q Hs~ Yofao. tss 18Th Of DC oo. ista
vessel Including size model. and the ,eriss ~tb
which che Is 10 bs AID IL then agreed
the part u THAT they will construct build asd
complete tbs ship Of dune PSI ms sni ma sf,a. au-
tioI 20 in the specification, all part culars con-
forming - the spec fcaton tno to the circoons
be given by the tnsreinate-
for the Of $40 CO., thu ship launched on or
before the 18th day Of August next; and q as
ur placed disposal Of the said sapsrin
tsrdert. for the purpos Of recsiving her eaxnss
FOOD as the superintendent shood require Ihsy gree
to furnish all The ma'er ALL for the SAID snip
TO rbe spechcaron except such rs the ~oers had
y,
cd in the specification they agrees 10 Instruct of
such materials M the tups rntepoeut shall decs aad
otHe faithful performance If s thiugs pact of
the builders, 70 be performed % pay TIA $40 uV0 by
iDrtamept RS the msiersl delivered aud the
Progresses the frat u bs maze ~nsn the ke
ls spo the other Ieots his eed Of every mouth
succesIv.y Lhsreaf 40, the amour: feapecti ely
be III the proportion Sho paid
wh'cb the ork ooue uud ustsrals delivered enan
bear IN the sbos york. the erals req iires for
t. full performance o. he agre-u.sct; aud &C is tosu
hall nSvA lAnNAnP
snd direction 81 ,bs boiIoiDg sad coDsa lon Of ms
ship TIE Ohio "a launched the 5tu Aulust, 1913.
ARD performed her first Usi til, sopn afterwards; aud
FOR ght that appears - ths time tha pay toe
builders hid az been made sccodiog TO terms of ths
c0.'rtct, ano IL not oil after this Thst IN. attn
for erals preserved bs ne nOssat sgsioss tue
shp Nos the question IN he ca g IS whether Bishop
sic crsoE who CONTACTED this debt win tn, oesat
for tbe materials that ed iats the sntp it,
sruction vi hin be tue ring OF tn. ss,uts
"msst-rs owners, sgents o. "crn'gnees" Of toe
OHIO " h's thus gxg-s b4illpg herr Cns hA4dog
q the statute is of procesoipls for the c,iesaoo of
densrda ships AID Is y and the
DIV It d. cribe psrsons connected Sto tn- o.
vgstcp Of ships sn1 s'nn1iog IA rslet 20 ths
eel bNoSB aud understood ia tnis branch of bdstnss
The terms at or iooc4 tnts re'stoa to all psssoos
engaged Ia commerce navigation; and Il /. 10 hs
tebte THINK, ths Court r2usr understand then Ia CIV
Ing practical commemorative toe Al the pro-
vitouf Of the Sct-and they nuneraus--shoE that
the t,sues of 1t must have ua.d the terms this
AZ hence Is 70 look tn the branch bu-aes
TO which The subject of the sstuts relates ordsr
aectrtaiD their tue meaning Now bsarius IN mud
tbs vew Il he statute II cannot think be pretended
that II Il masters the ONO,
corguees of her To no d either H. would
br uro End gross persertion OF these terms
Gaze, think cones dom TO the question: wh-thsr
icy were o~Ders ia the sense OF he provision If they
CO, br brought wi either of The ussd IL
he bis ore contractor employ ed, generally 20 buid
v-".i Furnishing al the t0ateIiss aud 10 c'nprte It
at given time at price agreed upou, dou oers the
owe until tbs vessel built and delivered and under
spch contract The hen o. the material msn woIld
clearly CROUCH e'tech ADD If yhe Ia baud
Is rot Distinguish .ole thu decree Of the cur
below cannot be upheld The demand OF the itbsl
lsnt you'd be q deht contracted NJ the oweer, IA
81 Tough the vessel hsve b en dslivsred, ms lea
WOULD remain Toe MY Limitation IN tos statute H. that
the proceeding must b. ,sntned be,re leaves tho
port CSC - Bu' in this csse the cootrso Ia fcr tho
corttruc'iop ~ snip ater spec dsd mo3el and
rsls be bull under the spec al snd
diIecti, nf owbers ard 10 hs ps,1 from
time 20 tine the uoik ed end ths ma 10 risls
we're furDuheo AID cansot doubt but snst L>s aod
bis cs'ss became the owners Of II az the c1nsttuc
ton advanced and PAD for Their interest
&c when The ssai laid and opatlsued from
tbst time Gown tai the eoip Iauoched and passed
lat, ther fn possession aud control Il the
power Of d > at am peritd OF its construction 70
sell It conld II have besa suhjsctsd tor the
hepsht toe'r creo,ort except 80 var as ,ney might
Th4, tbpk IL the legal eT-cs ot the cootrsc CT
II SCENE 10 me clear that the trainers Of tue Ia did not
iDtebo that uerscns dealing witn ceotfac Oe
dtves'sd Of ownership shou IA have en- tbs sei
for, II 20 intended provision ~ood have besn rate
10, pssertirg TIE accounts within = given toe ss
the case Of The neohsnics' sn hr that the ~uer
could have Of scsrtsning zoe de paod. sod
protecting himself seeioet impos,on No such provision
T. 70 be ovno here The act simply p,ovdss that d-o
cont scitd BY agent cpnsfg es of
'he tbp for work me ms'ersls Furnished snsii De
hep her debt incnrieoby tbe tractor 70
buo The latter would have beu the nature, pbrsseo
logy the hsrd had bsso within the cont mpia
tiCr Of the legislature An tlustrstioo on the meso ng
Of he psy from the cae o. tie rspaus
of vessel Suppose the wnsr contracts with ni sntp.
sreht for these in the terms OF the o,uts ia
the present uce doubt the sb'pwrsnt 81
ms lie. under the an, toe dsot would ss ooh Goa
tsostd ~ tho o~n.r: but could his bs tps
debt. coutrs ceo b. the sh,p sr'eht vito To material
rhrf C<rss.p1S c0ottst euf NJ IAuy I4ea
rtis .sa,u,. bAs hsep Defoe The supcau- urty tns
e,. a. Nee yc,k and 'bs dsoi.ton have -rtved
IL IN conf.ruiy 18th the here yprss-si rne
Gaze very fully Iepotsc ia respect 70 tbs facts but