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THE MARINE RECORD. MARINE I/AW. , pHpmdBprtulii/orihiVtirintnKard. MAMNBINBUIUNOK. A Urgo proportion of tho lltlgntlon nrl*- lug from murine business Is from dis¬ putes growing out of Inaurnnco pollclos. In- fenrnnec companies Bro at nil tlmog ready to 'take ndvimtngo of fnctp, clrcutnalnncci lintl tcchnlcalltlcB of law In such wnye and tannner tlmt It becomes necessary for those Vho wlali to cover their property by InBur- iinco to at nil events undorstiCnd the law re* Dating to, Insurance, whut tho contract of In¬ surance is, whut i IskB nro hBStirnorl, and whnt risks are not assumed by the Insurer; whift acts on thu part of the Insured will protlt 'his InBiirririce, and when the Insurnnco be- glnB nnd toimlimtcs, especially II Insurance 18 Directed for the voyage. It la a well known fact that fhore-irfo three distinct kinds of 3n?nrain;o, to wit: Fire, marine and life Insurance. End. of these different kinds is govcrencil by iHII'eiont principles, rules and icgulutlou8, which have grown to a great ex¬ tent from ihe expei leneoa of tho past and which have. (or 'their reuflonableiiees nnd justice, been from time to tlihc Inenrpuruted into nnd become apart of the law of the land. Laws, to a gicat extent, and far more than a •careless observer would suppose, are tl e grpwth of the needs of society, and It necessa¬ rily foil jws that us men commingle, nud il» ■commerce extends their Inteicourse, these 'laws b 'come more complicated and technical. 'Other kinds of Insurance have sprung up, as accident anil health insiiranee, but these are Comparatively new, and aie brunches ol tho three main forms. Murine Insurance la probably the oldest, the most complicated nnd subject to the most technical uilea. Fli'st, then, what Is murine Insurance? It la defined la the New Yoik civil code na: "An lnauiancc iigulnst risks connected with ■navigation, to which a ship, cargo, freight¬ age, profit*, or other Insuiahlc Interest jj. movable property may he exposed during a certain voyage or n tixed period of time" in the ordinary policy of Insurance "per¬ ils of the sea" is Unit which ia insured agnlusr. These may be enumerated as In the civil code of California: 1. Storms and waves. 2. Rocks, shoals and rapids. ,). Oiliet obstacles, though of human ori¬ gin. 4. Changes of climate. 5. ThcTeonlliieiHoiit iucobsiut at seir, and <3. All otiiei diingeis peculiar tp the sen. Some of these ui e not applicable to lake truffle In the sense that they would be to vessels cugused1 In long ocean voyages, but in it certain 'sense they apply hcie. A loss by collision where the vessel ia not at fault Mould be classed as n pcill of the sen. It would nlao include pel lis ol tlicilvci, The destruction ol a ship's bottom by worms is Miot a pel 11 of tho sea, but If rrtts call hole« In the bottom of the ship or injure the caigo this Is n pel II of tho hen, If the owners uio guilty of no negligence. The pliriiM! "perile of the sea" has a much wklei sigultlcation In a policy of Insurance than it does In an exception to tho common cairlei's liability In the hill of lading, by which the insurer may sometimes pay the inaurunce In case ol loss and thus bwome siibioguted to the ilglil6 of tue owner, uud may sue the common carriei on Ills common law llnbllitj on tttu giound that the loss to the carriei was not a peill ol the sea, but thu losult of negligence. The Hist requisite necessary-dn the pint of the Insured In ol¬ der to effect ihe contract oj lusuiniiLo U an lnsurablejnteicst. An insurable intcieat Is elthor an ilbsoluto or qualified propcityln the tfftng^iaurcd. A mortgiigeo has a qiinl- ^lb3U _propcUy. Frelghlago Is an interest which will sustain an Inaurunce policy. A ship owner uftoi the cargo la on board may insure his expected Irolght lor tho voyage. The nexwequlaltc on tho part of tho party desirous of being Insured la to Btute the' facts material to tho risks, and any concealment of material facts will render the policy void In case of loss. He must etnto tho exaot and whole truth of matters which lie undertakes to tell or which lie gives in nuswer to- In¬ quiries. It is not necessary that he tritond to conimlt fraud it Is enough It tho Insurer bo misled no matter how innocent tho in¬ sured. The insured Is bound to state the material facta, although no Inquiry Is made with regard to them. Ue may be silent with regard to facts open to the Judgment of both parties. Ho la under no obligation to disclose facts apparent 'to an ordinary ob¬ server, Tho route o( tho Intendod voyngo must bo stated with reasonable exactness. If required iho port of destination together with the probable time of the voyage muBt be given, or If this bo not required tho ordl nary and most direct route, will be under¬ stood. Any departure from this given route or tivTordlnnry travolod route, unless for tho following reasons, will constitute n dovlntion and nvold tho policy. 1. "When caused by clrctimstiureBB over which neither tho master or owner of the shiphaa'any control; 2. When nceosBBry to comply with a war runty, or avoid n peril, whether' against or not; . . > , 3. When made in good faith and updn rea¬ sonable liiound of belief In its necessity to avoid a peril; or 4 When mnde In good faith for the pur¬ pose of saving human life or relieving an¬ other vessel In distress. Unreasonable delay In prosecuting the vojagoor In piocurhiga cargo lor return will render the policy voidable. Next week we shall endeavor to give some of the rulu* relating to loss, abandonment, cuntilbutioji, etc. A new device in lighting buoys a us put on trial veiy recently In the naiiows, nem the government lighthouse Btuilon at Tomp- kiusville, S. I. It consists of upright bars that surmount a bell-shaped chest, nnd be¬ tween uhli'h Is n globe containing the light. Tho llsUijr of the buoy, with the swells, nnd their action, caiiae the light to i Ise and fail, very much after the manner of a flush light of the pattern of the new one placed on Bobbin'., leef. "GUARANTEED TO CLASS," CLAUSE ' IN A CHARTER-PARTY. From thr Mm Itime RtQliter .V, ij. bhlp-uwiii'rB nnd others will bo interested in a decision relating to tho above clause. It was made by the Supreme Court of this Statu and gives an Interpretation of the above clause. Thu case rose out of a dispute con¬ cerning thbcoustructlon of tho clause and the reluml, of one of the principals to enter upon tlie performance of tho charter-party. It ap- potu a that a vessel w as chartered to load at Nuw York foi a foielgn port. At the time of tlie chin ter she was at Trieste, or had just sailed tlicnce to New York. The charter- party contained thu clause "Guaranteed to class Al in Aiiivilcau Lloyds" Theie are two societies ilo'uir business under tlie name ot the American Lloyds, one publishing its reports In a brown coveied book and the other publishing Its lupous In a gieen coveied book. Thu vessel was classed (none ot these books as A 1^ and in thu other as A 2. After hei in rival she obtained tlie A i;s classification in tlie second book. Nollfl- cailou ot her nirlvnl and lowliness to com- OENERAL NEWS. Tho Dulntli Lumbor Company will build a pier at the month of tho Amlulcon river on the soptli shore, so that they can got their logs down, ,.;, Owing to the prevalence of cholera nt Ro Bcttu, railway Iriiftlo between that town and Alexandria have been suspended. Certificates of Incorporation of the E*- cliaiigo Telegraph Company have been llled. Tho llno'lB to mil from New York to Sun Francisco. Capital stock, $2,000,000. Halifax expects to do a ,good trnde with the west in boneless codfish. Thellslitue cured, boned and pneked In 40 pound boxes- Soveral heavy orders have already been shipped to Chicago. *• It wiib predlutud n lew days ago. that the reduction of tho public debt In July would bo very small, II Indeed tlieic proved to ho any decrease. $7,000,500 must have aston¬ ished some of the wise ones. The Cunnrd company isBiild to have con¬ tracted to pay $8,000,000 for two Bhlps hav¬ ing a speed ofSilnutecn knots per Hour. With such u rate of speed the tilp across the Atlantic will be made In about five days. Tho Biemen Seuato Issued an ordei on July 30th to all captiilna of vessels which ar¬ rive fiom Ameilcii with pickled poik as a part of their cargo, to notify tlie customs authorities of the quantity they have on boaid, undci pain ol 300 miiika flue lot neg¬ lect to do ao. ' The uurqiie Newtnk, which haa ni rived in San Frapclsco, repottu having sighted a huge unknown ship on file In the middle of the open Pacific. Fuilher awuy from land she could not well have sailed, and until some waiideilng nieichantmnn Is long ovci- duo the woild will be left In doubt as to the Identity of7he lost sti anger. The collections of internal revenue for July wcie $0,278,000 or $3,600,000 less than for July last j eai. The order consolidating Inteihal revenue dlstilets went, Into effect In the fourteenth and fifteenth districts of New Yo.k. The trausler in the twenty eigtli district will occur on the 7lh Inst. . Woik will bo begun on a new drydock at San Francisco as soon as the huiborconi- misaloneiB giant tlie privilege of Its being located at section A. of tlie seawall. Tho cstmiated cost of the dock is $130,000, nnd already prominent citizens have offered to siibsciibe, $100,000. The plans and specifi¬ cations nie all prepared, and the- Langiehc pumps are b°ing mantitactmed, to be lcmly tor service as soon as thev aic needed. The steamship Whitney has been under the pay ol the railroad company out ot Og- deusbuig since she dbchaigud her last car¬ go In Chicago— about a .month ago. blio cailou of her niriviu iiiiii i™hi»-.i» ..»...- Went to Ogdenshuig, took oh a lull enrgo of ineiice loading was seiit-to-thujihiirterers, mlllll_ frelirht. mid ictiiincd to fl.le.iffn but after soinu delay thuy uotlllud the^rnisTOT-J3>imijMruM» «»" icciiiiitu to uiicugo, ■ •• • .....-.....« .,,„ „i.„ ,i,„, Sho biouglit the baige-\ Thoy wnro three of tho most flourlshlne commune, on the Island, which was naff overthrown. The road hotwocn tho towns f of Jschla, and Cnsamk'clola Is Impnsslblo, The prefect of Naples telegraphs that tho town of Casamlcclola has consoi) to oxlsj. Tho train from this city to Naplos to-day was crowded "with passengers goingto Inquire us to tho fato of tliolr friends; The Bishop ol Casanilcolohi, Don Fellpnnl, of Homo, and prefect of Cagllavl, arc reported among the {lend, There wore very fow English vlal- 'lors on the Island at the tlmo of tlie disaster. None of tho special dispatches mttotton Ainorlcan namos ns among tlie killed or In¬ jured." • ' Complaints are made from tlmo to time that tho nursery of our sonmon—tho New England flcft-lB disappearing. It •""'J™ thiitnothliiirt» destroyed In this world but la only lost toi n time, then the now nilrflcry is found hi o/r yachting lleot. Many good people arc lifi'llncd to look tiskance at this amusement «s one savoring too much ol ex- trnviiganco and aristocratic leisure. But wealth Is Inoienslng In this country, a rich class full of lelauro and fond of amusement is apilngliigup, and If tln>y will secjt only amusement in spite of all lectures to tho contritiy, they will And none better or more health-giving Hum yachting. By this wo do not mean chiefly the pleasure boats, whose' white w lugs dot nui coves ami Inlets in tho siimmei months, but those models of swift¬ ness and beauty which can carry their own er» Into all teas. Tho moio there nro of these vessels, the moie chiinco thero will bo for"employing sailors, and thus koeplng up a class which will be wanted for our now merchant mm Inc.— Mantimc Regiiter. Ulll IIHUV Burnt vium.j ,.i-j ........-----------._ that the veatel did not possum the class that she was repicscnted and guaranteed to hold at the time of thu chiutcr and \liey declined to be bolind by It. The) baaed their de. louse on the plea, that at the time of mak¬ ing llio chattel the vessel was not classed A 1^, and I hat the clause "Guaiuutced to class A ljo ill Aniuilcan Llotlvs," menus that tiio vessul Is of the class atated at thu time of the oxucutlon of tlie charter-party. TJils mean¬ ing was pot admitted 8n thu paitof the ship. It was claimed that the clause means that the vessel shall be ol that class at ttiu time she Is ready to enter upon the pel formuncc ol the chintci-paity. This vluw Is upheld by thu couit. Tlie couit points out that the exact condition ot tlie Vessel was not known "mid It cannot he assumed to have been the Intention that the defendants should accept hut under the i iiartur, II, when she reached New York, she ptoved to be In a condition which would require her class to be rated dllluruutly than that giiniaiiteed in the chnrter-paitv." The clause ceitainly admits of this Interpretation. It another Interpiuta- llon Is permitted then the vessel might have the class at thu time tho charter was made, but might not con|luue to hold it. The court points out that the description In a charter-party of a vessul as A 1 warrants that sho Is. A Int. the time of making tho charter, but not that she will continue to icinaln bo. Those dlat'ncttoiiB Bhould be noted. In one case n vesBel la guaranteed as already possessing n certain class, In another case It Is guaranteed that she shall possess a cor tain class when ready to perform her part of a_charter-party, The question which arises, therefore; Inuxecutloticharter- parties is, when Is-tho vessel to poBBoss the class palled for, at the time the charter-party Is signed, or at tho time when tho vessel Is ready to perform its terms V If at the tlmo the charter-party is signed then It should bo said that she has tho class, but If she Is to have the rating at tho time when work under the charter begins, then It can bo said "guaranteed to class A 1." Sho biouglit the baigc-Wnyne, alsojajeti^ with voliriig freight, with her, but tho Wavne is pot paid In the same-Way. The Whitney gets $110 a day and all expensea paid, and this continues until the cargo is discharged, wlilch will be several days yet. The rail¬ road company made the contrast with tho ownoisof the Whitney na an expeilmcnt, but will not continue the cxpoilinort. They are building a new stcauiei of their own. Tlie work on the Cleveland breakwater is progiessing finely, and the outei arm, ex¬ tending cast wind, Is growing perceptibly When the'structure is completed, Including the extension of the east pier, It Is tlie Inten¬ tion to ro-OpciiUie old mouth of the river about half a mile west ol Its present outlet. Thero will probably be no difficulty in cut ling through the Lako Shore nillioad and compelling them to build a draw bridge there, us tlie government has reserved to It- acll the right of re-opeuing all old natural waterwayb that by any means have been closed. The old mouth of tho Cuyahoga was closed naturally by sand bins. The piobabllltv that the Bhore hisldo of the outer liarboi may be covered with docks some time In the future has been frequently dlB- oussed, but It Is well worth remomborlng that the land In question, as well as nearly all the lake front of Cleveland, exoept what Is owned by the Government Is in tlie hands of the railroad companies. The town of Casamlcclola, on the Island of lschlii, was'entirely dostroyed by un oarthquake on the 20th nit. A Naplea cor¬ respondent tulegiaphs to London us follows: "I have just rutin lied from Ischhi. Casnmlc- clola, Lucco and Forlo have been destroyed. TUGS MAY CARRY PASSENGERS. LiiBt season, It will ho remembered, grf&it commotion was created amuug tho tugmen ol Chicago by the fining of a tug captain (who took out hlir wife and a lndy friend) lor' I'lin vlng passengers," After the fining of the captain a manifesto appeared from the Btcnmboat office ut Washington prohibiting the tugs fiom caitying "any purson other than their crew under any circumstances." According to tills language lne tuK8 collld not even take drowning persons on board, and one of tho tugs was charged with allow¬ ing a skill to swamp and her crow of throe persona to diown rather than incur the pen¬ ally of' $500 lor each person" by taking them on board. Then' was a very bitter feeling toward S>up«-i vising Inspector Gen¬ eral Dumont. 'lugB had often earned cap¬ tains and sailors to their vessels In the har¬ bor when vessels were about to tow out. Under the manifesto thla could no longer bo done, aud the lugs had to taku out special-, permits or refuse to carry a captain to his ship. As airtjmineed several daya ugo, a number of Philadelphia tugs have been lined for currying captains and sailors to their ships These Philadelphia gentlemen con¬ tested the qiiesi)ou, howvvei. They called the attention ol •wielniv Folger to the mal¬ lei, and that official submitted the quesiioii to |he Atliuiui General, who decides that Insp'eitoi General Utiuiont la all wiong, and that the lugs cannot be legally Interfered wllh. •'Wasium.iuj., D.t.., July 20.—The Hon- onibh' scciciaiy of tho Treasury—Sin: Yours of July 24th Is" received, stating the following case nnd question: A ateain ves- , sel used III the harbor of New* Yoik for the purpose ol tow ing otiiei vessels has taken on |-tw»nwl-ilui ninsn-isnf llrtfr vessels, and has conveved them fiom the shore to the vessels, and vice veisn. No special compensation has been received for bo doing. It bus been a giutility oi favor ol tho poisons thus car¬ ried, is siicl. a tug within tlie provisions of the United States Revised Statutes relating to the carriage of passengers on stenm ves¬ sels, section 4,401 to 4,400 Inclusive? Can she be culled a passenger vessul or a vessel carrying passengeisV 1 have also read the opinion ol u lot mer solicitor, Dec. 10, 1874, transmitted by you. 1 am of the opinion that the tugboat in question cannot bu called a passengur vesBeloi a vessel carrying passengers wlihin the statutory provisions to which you icier. 1 believe that I need not detain you by a decision on this matter. S. F. Pin t Lire, "Acting Attorney General. FIRE-BOAT IN THE HARBOR. Fiom lite LhtCauo Tnlimu The several conflagrations that have oc- cuired among shipping In the harbor at oth¬ er porta recently lias set the vessel owners nt Chicago port to thinking about how little protection Is afforded tholr property in the event of n fire. Vessels lying In the river nre completely hemmed In by largo brick buildings so Unit it is almost Impossible for the city lire department to handle their ap¬ paratus to advantage. Invlowof this lact, vessel owners nre agitating the Importance of having a fire-bout placed In the river, aud a petition to the city council asking that ap appropriation be grimre'd for that purpOBo will soon be circulated. The benefit of such an apparatus is apparent, us it would not only be of great value In suppressing a fire on board a vessul, but also In protecting property along thu docks aud in the lumber district. ,Tho coat of the- apparatus, com¬ plete, would bo something like $30,000, and the oxpensc of running It less than $10,000 a year. Tho Idea Is no doubt u good ono and worthy of consideration.