The Hawaiian gazette., 1869-12-22


are mere private corporations. organized for
the profit of stockholders, and responsible to
no one but themselves.-N. Y. Evangelist
DEcrsIox-In the U. s. District Court, in
Boston, on Monday, Judge Lowell read an
opinion in the case of ship Robert L. Lane
in which after viewing the facts of the case
he proceeded to consider the four defences
in their order, holding that the bond was valid
and ordering the ship to be sold Upon a
few of the items. however, especially con-
corning the additional penalty of ten per
cent. and the mode in which the contract
which is for gold is to be liquidated, be
would hear the parties further before the
money was ready TO be paid out after which
the final decree would be entered
We copy from the Boston advertiser the
following in regard to the case:
This was a cause of bottomry. The ship
Robert l. Lane was built in New York. but
owned in Glasgow. In September, 1861, she
was lying at Acapulco, on the coast OF Mex
leo, and Silas Z. Martin, then in New York,
Was appointed master and directed to 90 to
Acapulco and take command, and thence pro-
coed TO Honolulu In the Hawaiian Islands, TO
procure tools and other neeessaries and to
hire workmen for the purpose of obtaining
guano at Howland's Island, place In the
Pacific ocean under the dominion of the Ha-
waiian Islands. The guano was TO be made
ready to load this ship aud Others, which the
same owners, Messrs. Coule q Co. of Glas-
gov, expected to send out for cargoes to
Liverpool or some other European port
The ship went TO Honolulu and thence to
Howland's Island, and while lying there re-
ceived damage which made neccssar; return
In April, 1865, TO Honolulu for repairs The
survey showed a damage estimated at $15,-
900 in gold, and the repairs were in fact made
at something less than that sum; and the
vessel lay in Honolulu, unable to proceed on
her voyage, from the middle of June, when
the work was finished, until the sixth of Oc-
tober. when the shipwrights filed libel in ad-
miralty against the ship and she was taken
by the Marshal. By this time many other
bills had accrued which were charges up
on the ship, but none Of them were sued.
On the oath Of October the master agreed
With G. L. Richards d Co., merchants of
Honolulu, the present libelants, that If they
could eOuntermand an order for vessel
which they had given at San francisco he
would charter his ship to them for voyage
to New Bedford with oil for so, 900 United
States currency, they undertaking to protect
his vessel until news could arrive from San
Francisco, and If they should charter her, to
clear her of the charges then resting upon
her, taking bottomry bond for their securi-
ty. On the first of December, 1868. finding
themselves at liberty to do SO, the libelanis
signed the character party and on the same
day made more formal contract than before
with Capt. Martin, by which they undertook
to pay the claims on the ship, estimated at
S24, 009 in gold, and all necessary expenses in
port and for fitting and preparing the ship for
sea, for which they were to have a bottomry
bond with interest at one per cent. a month
and The actual cost of insurance. Capt Mar
tin being very ILL., with the appreciation of
VIM. L. Green, an English mel chant, and
that Of the British consul, appointed Denni-
son Hampstead TO be master, who superinten-
ded the fitting and loading of the vessel and
brought her safely to New Bedford. She was
ready for sea on the I'd of January, 1862 on
which day this bond was given for s29, 800 IS
in American gold coin with one per cent. per
month interest and the cost of insurance, to
be paid within fifteen days after the arrival of
the ship at her anchorage in New Bedford.
1t was further conditioned that If the sums
should not be paid within the fifteen days,
then an additional permium of ten per cent,
should be charged and paid.
This libel was filed June 90, 1869, the
amount demanded when reckoned in curren-
cy being more than $50, 900. The owners
did not appear, but the mortgage Of the ship
appeared as claimant. He commended first,
that the bond was void on its face because it
contained no sea risk and provided for insur-
ance at the expense of the ship for the benefit
of the lenders; second, that the master after
writing 10 the owners had no authority to
borrow money without their express assent !;
third, that when the original adventure was
ended the power ofthe master TO borrow was
gone and he should have suffered the ship to
be sold by the marshal or made arrangements
to have sent her to San Francisco for sale and
not to the Atlantic coast with q cargo; and
fourth, that If he had the power, his exercise
of il was not proper because the voyage was
@N,e. L. 1a..e II. -
be evident to the libellants and to vitiate-the
bond.