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./• THE MARINE jHECOKD. MARINE LAW. LIG1ITKHAGH.—n.ACB 01' DI8CHAI1GK.—I'OItT L'rtAOKS. ' ^Qlteihouiii Ti tbunalf of Cohimtret. & In tills suit Cnptiiln Stokkon, of the Lynn, successfully contesjod alleged usugcB of the port establlshe'd by tlio Chumber of Com¬ merce. These usages form pnrt of a Bodes of rules published by the Chamber of Com- irierco'under the date of the 8th Oetob'er, 1880. The article! of these "Usago Com-* merchiux ot Maritime" brought Into ques¬ tion were the following: 3. If on its arrival in thu roads> the ship bound~r&£h.crbourg / cannot enter for want of sufficient depth of water, it shall be lightered of sufficient cargo to permit Ijt to enter at the next flood tide. If the lightening of the ship Is only intended to enable It to entev before the next Hood tide, this can only bo done with the authorisa¬ tion of the receiver. In either case the lightening of the ship is at the expense, risk, mid peiII of the capialrt." Art. 4. 'The cost of towing the ship and lighters 1b at the iharge of the captain." "Art. 11. In the commercial port, beams of timber are piled on the quay by the captain. Iu the military port timber Is discharged, on to rafts pro¬ vided iby the receiver. In both port* planks and small logs are delivered by the captain at the port-holes or over the ship's jail, whence they aie hauled ashore by the re¬ ceiver." Captain Stokken opposed those pie tended usages on t he ground that the , Chamber of Comiueice had nd power to create a usage, oi dedal e officially thatsuoir a usage existed, if It did not exist legally; and that in the present case the alleged usage was only against which captains had pro¬ tested, through their Consuls, from its first proljfylgjrfion by the Chamber. In any case custoirrtould not override a clear and precUe contract. The factB of the case will be gathered from the following' summing up and judgment: With regard to the lighting of the ship: Captain Stokken, by a letter Jiom Ills broke^ Letot, dated December 3 last, Information Sebier, Vuuvcrt, and Co., that the Lyna had arrived in the roads after Cherbourg, and waB too deep In the water to enter the Com¬ mercial Dock, reset vlng his rjghts'ln case there Bhould not he sufficient water to enter at the "next flood tide, and placing at the 'charge of the cargo the cost of lighters necessary to facilitate the entry of his ship into the dock in confoimlty with the clause of his charter-party—"CherbourgVor as near thereunto as she may safely get." Sebier, Vauvert, and Co., pretend on the contrary, that in conlormlty with *the custom of the port of Cherbourg the cost of llterage are borne by the Captain. It Is a principle that custom forms the law of the pintles in the absence oi express conditions; but it Is In contestable that custom cannot prevail over 'written stipulations freely consented to by the parties. The dispute tu(iis, therefore, solely on the interpretation of the clause. The place of discharge contemplated by the parties was evidently the Commercial Dock at Cherbouig, and the reservation 'or so near" uas only Introduced in case thote should bo a material Impossibility for the ship to entcF In safety. There can be no material Impossibility if It is Bhown that at the next llooiTtitle there would he sulllcient watpi under the ship's keel foi her to enter In safety. The in rival of the ship in the roads after u flood tide can only be considered as a misfortune in navigation, like delay fiom coniriu'y winds. That was. In fact, the view taken by Captain Stokken, as in his letter of December 3 he only reserved Ills rights in iiiso theie should not lie siitlleleut water at the next flood tide, when he nhcnild place the cost of lighterage it the charge of the receivers. The Lyna diew 5 metres 50, ami it la proved by the decimations of the cap tain of the port and the pilot, that It was necessary at the flood tide, to lighTeii the ship to diminish the draught by 30 cenfl- inctes'to permit her to enter tile dock with halety. Therefore, lor the pQition ol tho cargo discharged to lighten the ship the ' place of delivery was the roadstead, wljlch wiis so hear as the ship could get, and the ousts of lighterage must bo homo by the re¬ ceivers. Next with regard to tho mode of discharge and the expenses Incurred, the chlirtei-purty stipulates that the cargo should be brought to und taken from alongside the ship without risk or expense to the ship. amounting to $300. The sidewlieel steamer Evening Star was In drydock twice 'getting new timbers and her bottom calked at a cost of t-100. Barge Susan Ward had gencial That clause ilullcuted clearly that the de-liepalrs, pint new deck und rail, co»t |200. livery was comploto wjion the timber had once crossed the ship's rail, and had been cither thrown Into tho water or on the quay alongside the ship: all the subsequent costs of removing the timber wore, therefore at the charge 'of tfio receiver. Neither In this case nor ju that of lightening the ship can the receivers Invoke the custom ot the pUH of Cherbourg. Thirdly^ with regard to Caplaln Stokkon's, claim for demurrage, twelve days, not including Sundays and holidays, were allowed for the discharge. The ship was lightened by the receivers on the I4th of December, so as to permit her to enter bv the flood tide on the 16tb, which she did In the morning, find was moored at the quay In the afternoon. The lay-days thus commenced on the 14th, and the din- charge terminated on the 20th, In all JO d iys, But the lot.li must be deducted as the.lay- dajs were stopped for tho ship to continue the voyage into the deck; also two Sundays and Christmas Day. The 12 days were not, thbrolotc, exceeded. The lighterage and cost ol piling the -wood must be borne by Sebier, Vauvert, and Co,, and Stokken, on the other hand, had no right to demuriage. The costs to be put together and be paid in equal shares by the two parlies. SHIPBUILDING AND REPAIRS A I' PORT HURON. S/ectal iorresjiondence frf the Marhic Jlecord PortHuhon, April J4. The steamer Clara has been hi the Wol¬ verine drydock for a thorough overhauling, The steamer Billhead is In getting calked, her stern bearing fixed and a new wheel. The steamer Oscoda lias had her texas lengthened and some general repairs. The steumbarge Ogemaw is getting general re¬ pairs. Steamburge Henry Howard has hud new stern pipe, dendwood, rail and general overhauling and calking. They are rebuild¬ ing the tug Castle and will give her all new upper works, frames and celling. Steam- barges G. H. Gratwicke, J, E. Potts and Tempest and scow Charlie Crawford villi go Into drydock. Love & Schofleld, of the Pioneer Boiler Works, have been busily employed doing lots of marine work. They have done ic- pairs to the boilers of the eteamburges Hoi- land and Blrkheud, oj, Marine Clt)j they have built a new'boiler 7x14 for a now lug built by D. Lester, Marine City; a new boiler 8x15 for the steamburge City^of Dresden; a new boiler for a new tug owned by Geoige L.Caldwell, recently built by R. Holland, Murine City; new furnace and buck jonuec- tlon for the steumbarge Ira Chaffee; new pony bollc'i foi the steamburge Oscoda. They aie building a new boilei lor a steam pleasure yacht at Algonac and have put a new ftu mice In the tug J. W. Bennett, a new watei-bottom In the tug W. B. Castlo and are building u veiy flue boiler.of ',,-ihih Otis steel for the steumburgoS. D. Caldwell. They have done u great many minor jobs and made several smbkestacke. James Fitzgerald, of the Drydock Iron Works, has enlarged his shop and added u new blacksmith shop and steam hammer. At these woiks repairs have been done dur¬ ing the wlntei uiul spring on the propellers Tempest, Bhkhend, It. Holland, S. D? I aid- well, Geoige King, S. O. Baldwin, Pickup, Oscoda, N. K Fairbanks, Ogemaw, J. E. Potts, City of Concord, Keystone, Clara, City of New Baltimore, Ira Chatter, Tecum- sell, Khodn Stewart, Builington, J. L. Beck- with, 0. 1). Conifer, S. II. Johnston, Lowell, Cleveland, .1. E. Mills and Point Abino; tugs Frank Mol'atl, Mocking Bin!, Ui-oigc Hand, J. W. Harnett", Fisher and Wayne label!. Diiuloid& Alversou, shipbuilders, have had the burge J. II. Rutter in drydoi k ami given her a new bottom, toie and alt kelson Inside, new Moor undgeneiu) rcpuli But a cost of $12,000. The steainbarge b (.Baldwin, gut .ill new tup works ft(Jm coveting board up, new emits lote and alt, new tluor, now cabins and other repaiis, costing $10,000. 'file schoonei F. C. Leigh ton has hud new deck and deck beams and minor lepahs attt cost of $700. The schooner Young Anierlcu hud some now plank In her bottom, bottom calked and some repairs costing $800. The sl'eumbiirge Fied McBrlerlias hud her, decks' calked and some repairs, She will have hei bottom calked. The steaiiihargu Galatea lias had bet' outside and deck reculked at a cost ol $500. The barge" St. Clulr got some new plunk In her bottom and lecalklng, amounting to $100. Barge C. B. doiies has Hud purt new decks and some repairs nmouiitlng-to $500. The steamer Burlington had her bottom calked and some repairs Barge Emmu E. Tyson had some genera lepiflrs oostlng $150. Barge Sen Gull will hitvo-n piece of'new rail lorward, some new stanchions -and repairs. Towbargo Victor had her bottom und decks calked. The firm hayo kep,t u big gang of men employed dur¬ ing tho winter, and thoy are looking towntd the future by getting In u very largo supply of I ho very tlueat timber Unit cuu bo pro¬ cured. ~ ' ' , V A Cajiadlan scow captain, of tight years' standing, living not fur from Windsor, who was conversing with another captain us to the new Canadian law's for the examination of masters and mutes, said he thought he would prefer to got'his certificate for com¬ petency, and not on recommend tor loni service, us he was well,posted. Ills friend, the other captain, said he should go In on u recommend, us he did not understand some of the points required, and asked the scow captain if lie understood about protests and bills of hiding, und the reply ho got was that "the mate hud to attend to thoae." He then asked him if he knew anything-about invoices, to which he replied, "That is sim¬ ple enough. The)"—meaning the inspec¬ tors— "lieur your voice, and thut will be enough." Ho was thon asked If he-under¬ stood about bottomry bonds, and ho teplied, "Yes. When you get on the bottom you will have to be able to Inform the inspectors something ubptit it." T. W. CAN FIELD TUG LINE. A. O. Wheeler, EBq., of Manistee, partner of John Canflelcl in Ciuilield's Tug Lino, was in Chicago consulting with tho Insur¬ ance magnates here in regard to wrecking on the east shore and In the Straits during the piesent season. The Hue has eight tugs, as follows; C. Williams, Irmu L. Wheeler, Frank Canflcld, J. 0. Osgood, Charles Gne- wuch, D. Cutler, Jr., Twilight and Hunter Savidge. The WilllamB und Wlioeler are equipped, und ut all times ready for wreck¬ ing operations'. The line has Holly and Worthlngtoii wrecking pumps. A largo new wrecking tug Is now on the stocks, and will be in readiness for the fall disasters. Mr. Wheeler !elt Miinlstee on Tuesday even¬ ing. The little lake there was not open yet, but the tug Williams was bucking away at the ice. TRANSFER OF VESSEL PROPERTY. A number of important vessel sales were recorded attlie Custom House on the the 10th. The transfer of all these craft to Chicago will iucreuso (lie tonnage of the district quite largely. Schooner Lhclndu Van Vulken- berg, Thomns Hood to M. V. Fulton, one- fourth interest, $2,125. Burge S. A Irish, the Michigan Barge Co. to Henry V. O'Brien of Chicago, the whole, $2,000. Barge Wolverine, the Michigan Barge Company to Henrv V. O'Brien, tho'whole, $2,000,- Henry V. O'Brien, to Daniel R. O'Brien all the following: Burge Apprentice Boy, the w hole,|8,o00. Burge City of Grand Haven, the wTTole 13,500. Baige City of Vjrtuid Rapids, the whole, $8,600. Barge C O. D., ,the whole, $3,500. Barge Transfei, the whole, $4,000. The topnuge of craft, thus added to the Chicago fleet, Is as follows: IrUh, 259: Apprentice Boy, 210: Grand Rapids, 225; Transfer, 301; Wolverine, 142; Grand Uaveu, 230; C. O. D„ 208 Total tonnage of all, 1,041 The Apprentice Buy, Grand Rapids, Transfer, Grand Haven and CO. D. lire all sold by Senator T. W. Ferry and the Michigan Bargo Company. The O'Brien Brothers will keep the line In the Grand Haven and Chicago' line.—Inter Oct an. NEW COMMANDERS. Captalfi Gus WAlsIn goes out of the steaiii- shlp City ol Rome this season and is suc¬ ceeded by Captain Chapman, formerly of the Cumberland. An old sail vessel commniulor takes the Cumberland. Captain D. M. Mul- lory succeeds Captain Fngln in the steitm- Bhip William Edwards, Captain Waters 1« succeeded in the clipper schooner Scotia by Captain Tom Biircli. No mastei Is named fOi the shoonei Ellen Spiy. It Is under¬ stood that u new master is appointed to the flue s'chuoiiei llulsteiid. Captain John Smith dikes the S. B Ponieroj. Captain Henry Moore lakes the' Lotlle Wolf. Captain Ciane will command thu Powuiikee until the new Milwaukee schooner comes out, and will Chen lake, lit r Captain John Wood takes the Ida Keith. The mastei lurmerly in the Mar) It. Ayer takes the Higgle. Cap tain Thompson lakes the Boyee aniTCaptain Hatch the Mary L. Hltiglc, Recoul was made at the custom house at Chicago on tho 10t.li Inst, us follows: Ed¬ ward Jones, schooner Northwest,; Charles Surnsuii, schooner L, M, Mason; I). Roach, schooner Marengo; A. M. Elliott, 'rtcliooner Morning Star; Louis Hanson, schooner Ja¬ son Pinker; G. Nelson, schoonei Horace Tabor; William II. Fleming, schoonei John Mec; W. Phelps, steamship Einiuu E. Thompson; W. E. Lodncr, steamship An¬ nie Liiuru; Jolnr Builey, schooner Horace H. Badger; Louis Olson,steamburge Maine; John Freer, schooner E.J. McVea; William II. Hammond, tug Flossie Thlelkc, Stephen Green, tug J. C. Ingram; William Lelth, schooner llulsteiid; John Il.'Dall, schooner Annie Dull; William Carjsen, schooner Will¬ iam Jonos; Alex Gibson,schooner Murgaret Dull; W. A. Thompson, schooner Jessie L. Boyce; Hans Larson, schooner Guldo, Ed¬ ward E. Naplor, steamer Grace Qrumniond- William Scott, sohoonor Niagara (of Clove' land).; Charles Johnson, tug W. L. Ewlne" Ilonry Isaacson, sloop Planet; T. J. Polton' tug Cahlmot; Peter w. Kennedy, tug Viva- Richard Connell, tug Arotlc—Inter Ocean. . ( A NAVIGATOR'S LUCK. Cupluln Dan E. McDonald, the well- known nuvlgnlor, now of Milwaukee, for- merly df Ciinndu, und later of Oswego \" Y., has been appointed by tho United States Government or.trIncur on the lakes to look offer their property, and goes on, duty « .once. Captnin McDonald Is a man of aim. Ity mid strict integrity, and 'will prove an efficient officer. During his sailing career Captain McDonald commanded several anil. Ing vessels, ulso propellers In the St. Cafh- uiIiicb and Montreal lines; the clipper schooner A. Stowell, of the Rail Horse line Oswego, then several steumcrabftho North¬ ern Transportation Company, of Ogdeni. burgh, Cleveland und Chicago, und at one time, when in the* latter employ, rescued a Boston man on Luke Michigan and brought him to Chicago, for which he wits called te Boston in the «Inter und presented with a gold watcii and chain by King Solomon's Lodge of Free Masons for his hemic conduct, He ulso sailed the propeller Colorado, of the Merchant's Line loi four yeais, anil later, the steamships Rust and Sheriff's, of Mil¬ waukee. Few men on the la lies are more popular than Captain McDonald. NEW l'UG LINES. Chicago tug owners are to have two uew lilies of competition this season. The dredg¬ ing companies have formed a sort of pool and will do general lowing with their bouts when the latter aie not busy with the dredges ajrdy scows. The office will be hi Crime's rooms In the Pardee building, and Captain MikeVprlscoll is to be superintend, ent Young Ifrank Crnno will be collector. The boutB are as follows: Chicago Dredging Compuny—The Alpha, Crane and A. S. Allen. G, R. Greene Dredging Company^-The Alert und O. B. Green. Hurry Fox Dredging Company—The Monitor und Hattle Fox. — The second new line is Captain Oilman's. The office is in the basement of Pardee's building, where McLuughian?s restaurant used to be. Captain SI'Sinclair is sifperlii-s lendent. The boats me the John Gordon, Paddy Murphy, Miner, Wilson Brothers, one not named und the D. L. Bnbcoik. Qnptain David Dall, the vessel owner, will ocoupy the office jointly with Captain Oil¬ man. A OJEW EXCUR8ION STEAMER. In the county cleik's otllccat Buffalo" has been tiled a certificate of Incorporation of the Buffalo & Luke Erie Excursion Compart},. The lncorpoi ntors nre R. R. Heflbrd, Cap¬ tnin M. M. Drake, fl. H. Buker, Captain Lyman Hunt, A. Cordes, Captain Thomas Maytham, A. B. Drake and Captuln Wulter Robinson. These gentlemen iiuvo bought of the United States Government the wood¬ en hull of the revenue steamer Commodore Perry, which lias been replaced by un iron . hull built by the Union Drydock Co. 'llii. wooden hull fa in prime condition—stimuli] and seaworthy—and was built especially with a view to speed. It Is now being lilted up as an excursiou sieamei, and is to Le ready for business by the latter part ot Ma; This steamer ig 178 feet long and 24 feet w luN, and has capacity to carry comlortubly ami safely about 800 peopfe.- She will have two high pressure, engines, each 18x22 incite-, working' on one shaft, and two boiler^ of nmple sl'ze. The screw will be eight feet In diameter. It Is calculated that she v.ill be able to run fifteen miles per hour. She wlll be fitted mid equipped In llrst-cl:i»4 style, with every regard for the-conifeit, sufety and convenience of passengers. It i- intended that she shall be lar ahead of 'un¬ tiling in tho excursion line that Biiilulo has over had, and certainly the ability nid character ol the men forwuidlng theentet- piise are siillicityit to make good tills inten¬ tion. Theie larhurdly another city lull" pnlted States that has so many Und plen¬ um watei resorts us Buffalo, and there in t o reason why a speedy and wull-niiiiiuged ex¬ cursion Bteaniei should not do a t)iil\i>>^ business tlierfT > A SUBSCRIPTION IOR MRS. PEHI.W Captain Hobsou and the crew of tin wrecked tug dcidie to express theli thank- and gratitude In the people of Vei million lor the klnt.ness and couitcsy shown by them after (he accident, and especially to- the crew and owners,of tho tug Telephone which came so profnptly to their retimei iimI to the proprietor ol the Luke Shore Hotel. Captain Mollatt Is getting up a subsVjptlt'N for the widow of Engincei John Penyj, who is lull In destitute circumstances ai has live small children dependent upon hei Vessel men generally are responding llhu- ally to the appeal and he will iindoubtetlU meet with the Success such u prnlsewortbv undertaking deserves. ATKINS & BECKWITH, Vessel Owners & Agents 127 LiSallB Stroet. CHICAGO, - ILL.