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± THE MARINE RECORD,- • MAltlNI'..I.AW. LfMI'IA'tlON Ol' UAIIIIII'Y IS IIII.IJI OK I.AI1- IN". • . - • ,. JJ. S. f)!nlrin Court,-U-D-of Xrii York. ' llun^iimt'ii •Oilld v». ihc AtoimiBlilp Hniljl. Sidney t'liiibl) f(irtlicllhc!limt;BiUl»r,Stlll- mnn &'lliit>l>iinl for clitlmanto. • Brown, ^,—Undor « Oecreo of this court n(ljinl(jlnn-the libellnnt enlltlodto ilitmiigos Tor liijm tc>t to roiirU>eiitc»uc« or gO(it"» ship¬ ped on iliii.Iliitljl Ironi Now:.York to St; "TIioiiiiix, W.I., for iie(»1lj{eiioo in lliu con- - struct Ion or repair of lior bullnst .tiniks, (10 Pod. Hup. tj'Bl,) tlio diimii|;e> linvu-beon nd- JiiRloil by tbo Coiiimlpuloncr upon tlio bimls 'of OJiJ cents per yitttl ne the market value of the goods lit St. Thomas, it uninjured. Exceptions have been filed to thin finding grounded upon the provisions ot tbo bill oj ladluK, which besides undertaking to exempt the ship, from louse* through nugligcilce, continued a clause in these words: "In cn-c of d .mage, loss, or non-delivery, the ship¬ owners are not lo be liable for more than the invoice" value of the goods." The In¬ voice value was fi cents per yard, Instead of 0}jj. The latter price luis been allowed by way of damages, on the ground Hint where the Injuries were caused by the fault or negligence of the vessel or her owners, any limitation upon the recovery of full damages Is Invalid. The case uf the Hindoo, which is referred to as authority for this view, does not seen: to meet the present case. The limitation of liability was there'llxcd In the printed form of the bill ol lading at £100 ^ the value of the goods shipped was very mue.li greater than that, and the limitation « as a general ono, applicable to the shipments of all per* sons, and having up reference'either to the particular goods shipped or to their cost or value. It was imiuilcslly >i« aibiliaiy ami as unreasonable ns a general exemption from all liability would have been and justly held, therefore, to be 'within the principles laid dow n In Railroad Company vs. Liidnvootl (17 Wall, 357,) and lii/Biiirk of-Kentucky vs. Adams Ex. Co. (M V- S. 174.) Those cases, however, expi^Mjry rccoglilze Ihe Ian fulness ol stipulations -for lliiiitiillnii of lliiliility wlilch are just and reasonable.; and II is for the. court lo (leterinilie'wliether any particu¬ lar limitation/* M just and reasonable, and consistent with Ihc right ut^omiuiiiiny and sound policy.' .* In the case of ""xiiroi. t'o. vs. (Jiililncll (21 Wi)ll."a(M) Strong. J., snvs (p. 26(1:) "It Is undoubtedly true tliat special contracts with their ctnployeis limiting their liability are lecognlzed as Valid,' It in the judgment (of the courts,they are just ami reasonable, ?ff*tlwy,are not In* conflict with sound legal policy"*'* * and even when such a stimula¬ tion lias been oblalnerr the court must be nhle in scu that it Is not iiineasonable." Aie.iIii Irtr says, (p. 207:) "It Is now the setileil law lliut the responsibility ol a com- mou]carrier iHiiy be llnilteil by mi express. agi.....neiit Hindi' with his e'l'pioyer at the time nl Ills accepting goods' lor tinnsporta- tion, provided tltc limitation be sucli as the la» em recognise as reasonable and not Iji consistent with sound public policy." In neveriiMeslslons of the Federal courts In iliU and other circuits, the stipulations of express companies limiting -their rcsponsl biltt v 40 a fixed sum, unless ii larger value of the'goods wntl disclosed having been held to be reasonable and nii«tnlneil as valid, as in effect llxlng by agreement the value.of thc goods. (Hopkins vs. Westcott 0, Blntcti, 04; Am. Kit. Co., I r*ed. Hep. 382; Jtftthi'r'vs, Do. 2 Fed', ltep. 10.) So wwlautfurocolritB, have long, been Uejd competent) in case of J limit or dnmtige, to cliaugo the burden of proot troiii the.carrlo ami throw It upon the sjilpper to*T!TTalilollio latter to recover (Clark vs. Britmwiill l*i). How. 272; Traiisp. Co. vs. Iiiiwner U, Wall. 121); AVertheluier vs. Penn. It. B. Co. 1 Fed. ltup. 232,) apd In tljo Case of Express Co. vs. Caldwell 2 Wall. 204, above referred to, a stipulation requiring all claims forldatmige o'r'losa to bo made wltlilii ninety days was upheld as* a lensonnble llniiiation Lewis vs. Great Western, clc.j 5 Hurls, * N. 807. ' In stipulating, as In this bill of lading, that In case of loss or damage tlie liability of the shipowners should not extend beyond tlio invoice value of tlio goods, the parties liaye In effect agreed upon a llinl'tttloii of tlie value of the goods for the purprse of adjusting liny V '/... " - V ttf- y loss that might arise; they have 'provided a rule of ditimigfl3 for themselves, to the effect that the owner should be JndemnillsJ .lor the m-1mil cos( of hU goods, but, nhoiild not claim any expected prollts In '"."foreign mar¬ ket. There appears (o mo to bo nothing so unreasonable or Impolitic (11 this stipulation, or rule of damages, as to warrant tlio'court in holding It void. It principle It falls with¬ in the cases above cited, of reasonable regu¬ lations which it Is coinpetont for the parties to make. lu tins' nothing artalagoiis, ns.lt B*ceinR to me, to those stipulations which pro¬ vide lor a total exemption of 11 carrier from exemption ol 11 carrier from liability for Ills own negligence, which the Supreme Court, In Railroad Co. va, T.ockwond, and In other eases, have condemned. - The foundation of the rule in the cases last referral to Is said by Strong, J„td be, (03 U. S. 183,) "that It tonds to tlio greater security of consignors who always deal with such carriers at a disadvantage; it tends to Induco greater care and watchfulness in those lo -whom an Owner Intrusts his goods, and by whom alone tl|e needful care can be exercised; ahv con¬ tract that withdraws iiTTTative for such care, or that makes a falltno to bestow upon the duty assumed extrcifiu Vigilance and caution more probable, takes away the security of. the consignors, and makes common carriage, more unreliable," In a stipulation which subjects the carrier to liability for all actual cost or outlay exempts him from expected prollts in a foreign market, there Is no lack' of inducment in the cirrrler to the utmost oaro and dlllgonco; nor can the additional liability for Expected'profits, through re¬ covery of'I be fall value in a foreign maiket be supposed to supply any substantial in¬ crease of motive to the full performance 01 a carrlei'sdiity. There are, moreover, special renson* of con¬ venience and policy why this measure of damages may well be adopted, between, the parties. Ill case of loss or ln|ury, it.avolds controversy as to the market value In foreign and distant countries, often a matter some¬ what difficult to ascertain, and uncertain mid unsatisfactory on the proofs. The Invoice value, as the limit of liability, renders the inccrraiiiinent aiidadju-iment ol the damage comparatively easy, and tends mnteilally to check the litigious prosecution ol ex¬ aggerated claims of damage which ililscmnt has been often culled on 10 rebuke. Where such a stipulation is delibeialely entered Into, iib evidenced by the bill of hid¬ ing and the shipment of good under it, I think it should, therefore, be sustained as one jvlilch is leasonable and competent for (ho parties to make, and In no degree Incom¬ patible will) tlio principle of the decision, above referred to. The charge of the circuit |udge in. Hnr't vs. l'enn. R. R. Co. (7 Fed. Rep. 030.) Is directly in point, sustaining the validity of uncli a stipulation as the present, and as it seems to me, should be followed. This exception is therefore allowed, and tlio amount due should be adjusted accord¬ ingly. Nov. 1,1883 and Cape Vincent for the Thousand Island Steamboat Company. ' I.ndd, "Purlin ' "& Voliriutli, ol Chicago, have dissolved, and boon snceecrtcxl, by Ihe Chicago Automatic Engine Mai'iifneturing Company. This company hag gone largely lUlo the manufacture of automatic gnglncs* pumps, etc. A new process In the manufacture of low carbon Bessemer Slcel was commenced on the 22d lnet,'nt the Bessemer-Steel'Works, Homestead, which, If successful, will com¬ pletely revolutionize the work of puddling, doing away with Unit process altogether. A number of puddlors front various mills were, present during the experiments and watched the result with great Intel est. .When the .steamships Athabasca and AU gnma are landed at Buflalo, the trip from* Montreal will have cost about (J2,006. T le job Is nor done by contract, but at so nut :h per -hour.- This morning the tugs Actl .'o iln.il Folgor and steamer Hastings'left fir Port Dulliouslo with the steamship Atln- bascn ip low. Tlio parts wore lushed closely,1 thc linw first. . <* 1 It Is said that the City of Milwaukee, one- ot the most elegant steamers on the lakes, hereto/ore running between Grand Haven' and Milwaukee in connection with the De¬ troit, Grand iI:t\on & Milwaukee Ralhoai, will be placed upon the Detroit and Cleve¬ land rotuc nextseason, forming an inde¬ pendent line. Should the arrangement talked of be carried out, the City of Milwau¬ kee will cover the route" dally, going and re¬ turning. Her speed averages seventeen mjles an hour, and her course across lake Michigan from Grand Haven to Milwaukee, eighty-live miles, has been run for weeks in succession in a Irllle over live hours, usually five hours and leu minutes. U10NERAI. NEW!?. St. Paul's Island Is culled the graveyard ol the Gulf uf St, Lawrence. Tbo Eureka Iron Company's property, Wyandotte, Mich., has been sold lor (I>50,- 000. . The Northwest Lumbering Company's mills at Selkirk have shut down after, a good season's work. Commodore John M. Berrien, 11 retired ollrcer ol the United Slates -Navy, died of paralysis, at Philadelphia, November it. The boilers of thu tug Eric Belle exploded at Kincardine, Cut., Nov. 21st, tearing the boat to atoms, killing four men and blowing eight others into the lake, whence they were rescued. Horatio G. BHJIngs, lumber, of Chicago, suspended. Liabilities$100,000; assets,$100,- 000. ills money is bound lip "IFTXlolilgiui logs, which the low stage of wator provonted from floatlug down tommrket. The tonnage of-galling vessels (sea-going only) 111 1881 was 13,011,015, in 1882 13,730,- 070, In 1883, 13,017,877." The tonnage of steamers during the same periods was In 1881, 7,47I>,851, in 1882,8,40-1,302 ami in 1883, ,0,232,000. The Union Drydoek Company, of Buffalo, is building the frame of the new steamer which Is lo ply between Alexandria Bay HOOK NOTICES. - Harper's Magazine for December Is a Christmas number, u lib an extraordinary wealth and variety of papers, poems, and pictures, bv an array of authors and artists (American and* English) seldom, If ever brought togi tlier hefoie. This will lake Ihe place of the mammoth llarpei's Chrlstifias ol 1882, unieli will not be 1 ('pealed this year. The number has foul' plates, 111 addition to lis uslial 100 well-lllled pages. The illiiHtiii- tlons aloi|e have cost, it is staled, over $10,• 000. .■■""' . . Till- number npeiiB n itli a charming Chi (sl¬ ums tlllepage, diawh by Dlidiiuu , the arllsi ol "A Girl I Know," In w hlclyiictty pictures of Santa Clans anil his reindeers and of Ihe Christmas waits are united by a wreath of dilations liojly. . The opening paper is by Georgo William Curtis, the,!!rst distinctive article outside of the Easy Chair Hint he has written for years. -It deals with "Christmas," old and new, and pnrtlculnriy with how the Pllgr.mi Fathers deilined to celebiate II. The Fiontlsplece, "Under the Mistletoe." also by Dlelmnn, is 0110 of the Illustrations for tills paper. * Tile poet Whittler cnutilbnles a most worthy and beautiful Christmas poem, ■'"'ho Supper of St. Giegory," illustrated by K. S. Church. But "The Kingdom of the Child," by a less known poet,. Mrs. ll'. L. Mace, Is not less beautiful, and will hupiess rentiers with Its lender and lofty Christmas joy, while Mrs. Curtis adds to it a charming picture of cblld-fnces. Thackeray's daughter contributes a do- llghtful personal sketch of her father's friend, the poet Tennyson, tor which he has himself given her inalcllal. The Illustrations Include 11 line plate portrait, lieiiiitllul drawings bv Alfred- Parsons, and unpublished sketches by Thackeray and Rossettl. E. I*. Roe, ol whose Hovels 400,000 copies have been sold, begins "a novel novel," "Nature's Serial Story," In which he pro¬ poses month by mouth to follow tlie round of country life. Gibson and Dlelnmn Il¬ lustrate It laviBhly. William Black, in a pleasant letter, tells of his beloved West Highlanders, among whom he has laid the scenes of so nianv ot ids novels. In Illustrating it Mr. Abbey shows unexpected strength as a landscape artist. •, A most curious paper on "Nest-Bulldoriof the Sea," by C. V. Holder, will delight studetits of nature, with Its brlllant Illustra¬ tions of nest-building Helios by J. C. Board. 'I'lio number Is very strong in stories. Mr. W. D. IInwcl)s connIbutes 11 delightful farce, "The Register," ^vlilch Mt. Helnhart II- Itistiates; Houghton, the luflst, makes Ids debut as a story-teller with "The Klssing- Bridge," a legend of Albany, Illustrated by a full page plattt fiom himself; Charles Hemic has a characteristic Uory, "Tilde's many a Slip 'iwixtthe Cup and Ihc Lip," and Edward Eveiett Hale one nl his l-x- linnidliii.ry liive,illous describing "Colonel I 'Ingham's Journey" tp tlio North'Polo; and Mrs. P. Y. I'embor contributes a Virginia ■gjioBt-story, , Two very strong features are Mr. Abbot's thirteen.Illustrations tor Pope's "Tlio Quiet Life,", and others for a.pTOtty poem, "The .Milkmaid," by Austin Dobaon. Thore are atill other poems by John B. Tabb, MrB. Dorr, and R, J. Cordova, the lattor with original music by. Mosonthal. Thc Editorial Departments are m bright as tisiial^ tlio/Drawer has.n pleasant In¬ troductory Christinas hit from flio poll of Charles Dhbley Warner, nnd scvoral Ulna- trillions. The publishers announce that this notable number (In whloh'tiothlng is continued over from the volition just llnlsiied) Is but tbo be¬ ginning of a series ".unoxatnplcd in magazine lltorature," Mr. Black's Shiikspcnrhin novel begins ln> January, with Abbey Illustrations, . and will rim parallel with" Mr. Roe's' serial through the year. Tub DKcmuiKit l*NruRY.—A portrait .of Peter Cooper^eiigraved ou wood by Thomas Johnson from 11 photograph taken a fow months before his death, Is the frontispiece of the December number. Mrs. Susan N. Carter, who Is at Ihe head of the Woman's Art School of the Cooper Institute, con¬ tributes lin nnccdoinl paper .which throws much light 011 Mr. Cooper's ideas and bis geneious aims In promoting tbo education of young women for skilled occupations. Oilier biographical papers In the same num¬ ber arc Miss Anna Blckuell's character sketch of "The Pretenders to the Throno of France," illustrated by portraits; and Mrs. Schuyler van Rensselaer's critical easav on "George Fuller," with cngraviijgs of three of his best pictures, , Dr. CliarloB WnldMcin, the young Ameri¬ can who lectures 011 arclimology at Cam¬ bridge University, England, contributes an Instructive illustrated paper on "The Frieze of the Parthenon," with special reference to a recent discoveiy by hlmecH' In connection with the Athene. An entertaining paper 011 Devonshire, entitled "The Fid rest Con 11 try In England," by Fiaiicls George Heath, is tlio opening il¬ lustrated aitlcle, and contains nine charm¬ ing sketches by Harry Fenu. In a profusely Illustrated paper on Los Angeles, entitled, "Echoes from the City of the Angels," II. H. .closes her series ol picturesque articles on Southern Calln'aruirt. I'lolcssoi J. Rondel Hauls, uf Julius Ilupkiiis University, writes ol "1'he Oilglnnl Ducinnenis ol the Now Testament, and gives all interesting illus- tiated account of a discovery wuich the author believes that lie has made will) regard to the text ol the Bible and other ancient iniiunscilpts. lu fiction tlie December Century is uncom¬ monly geneious as well as Inteiestilig, It iillcis pulls of llnee serial storleB,—namely, the iniich-disouBsctl "Brcad-Wiiiners;" George "IV, Cable's new romance, "Dr. Sev'iei," which was begun lu the November number; and Ihe lirst pint ol Robert Grant's Btory of New York iric,"An Average Man." which will run through six numbers. Be¬ sides It prints tlie conclusion of Henry James's novelette, "The Impressions of a, Cousin," and n rellned and humorous short story, "One Chapter," by a now American writer, Miss Grace Deirio Litchfield. Morc- extructs from Robert Louis Stevenson's giaccful and liiunorpuB narrative of] moun¬ tain life lu California, "The Silverado Squatters," are given In tlie December num¬ ber, which concludes it so far as the Century Is concerned. Tlie whole narrative will he Issued later in hook form. Topics of ll e times Includes able edltorals on ihe leading (inestlons'of the day. St. Nicholas tor Dkckmbeh.—John G. Whtjtler opens the Christmas St. Nleholi"a w'lfh an Indian legend /old lu verse, entitled "How Ihe, Robin Came;" Julian Hawthorne follows with ihe first hall of "Almion, Aurla, and Mens," a charming fanciful talc; and Louis M. Alcolt contributes the second half uf her bright. CIiiIbIiiiiib story, "Sophie's Secret." Captain Mayno Hold's new and exciting serial, "The Land of Fire," Is also begun. It Ib the hist work of the veteran story-teller, whose death followed so suddenly the com¬ pletion of this manuscript. • Copiously hiiiI cleverly Illustrated by Kelly Is the highly original sketch by Charles Dudlv Warner, called "Fare lu if Street- Car;" "Macule's Pnugoroiis Hide," the llrat of Prof. Boyosen's . "Talcs of Two Con¬ tinents," is b3gun, with spirited Illustrations by Henry Siindham of the hero's Involuntary journey on a reindeer; and Frank R. Stock¬ ton Ib represented hy a more than iiBiially iHiiisual lulry tnhii-w Itlt.approprlate Illustra¬ tions by Blich. "*" v Edouard Frcre and his Child Pictures" lire the subjocts. "nnd title uf 11 delightful paper by Mrs. Chiiinpney, with reproduc¬ tions of bIn ol his most lamoiis works ami wlib some added .pencil sketches by J. W. Champney. Among.tlie poems are "The Birds of /