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THE MARINE KECOKD. . MARINE LAW. A RTJiAUMIIP H«LI> LIABLE JOB IN8UITI- JSIFNT -DKLI^tfRY OF CARGO. United Slates Circuit Court, Philadelphia. In the suit of Win. T. Warner, n con¬ signee of gmit-sklna, against the Amorlcan steamship Illinois, Judge MoKennan on May .8, in the United Statea Olreult Court at Phil¬ adelphia, reverted the deqlslon of the United Statea Dlatrlot Court, and decided In favor of Warper and awarded him $1520.33. The libelant, Warner Jn June, 1877, re bale* of Servian goafraklni, which arrived at Phlladclphlain the steamship Illinois. Of the 16 balea the consignee ololy succeeded In Rotting 5, and he ilbetetf the steamship to recover |1520.23, the value 'of too 11 balea loat. v Messrs. Ward <fc Henry, for the steamship : The libelant had ordered no particular kind of akin In Liverpool and did not know what kind his broker there had sent Mm. The Illinois had three other consignments of akln«, to three' different pnrtloa, aggregating 133 li'ulea All theae bales were discharged upon the wharf, except one. 1$je first con¬ signment whloh left the wharf c'pnslstokl of 31 bales. After this Wamer'e agertroame to the wharf and said-he could find none of his mark. The two other conslgneea re¬ move's their "bales and U were left upon the wharf. 01 theae ho afterwards got 4 bales and another one whloh had been sent to a warenotlse In mistake. This made the five bales which he received. The steamship ad¬ mitted one bale to have been loat, tendered him payment for it, and offered him 10 hales which were left, but be refused them. The fact is that the bales offered to him were his, because all the other conslgneea testified they received no balea btt their own. Be fdld not look at the bales left on tho wharf after the other consignee had removed theirs, 'but concluded'they were not his because they were different from the live bales u hlch he had acoepted. The liability of tho ateaniBhlp was that of a warehouseman and not as carrier, and la not within the Juris¬ diction of the court. No negligence has been shown against the respondent as ware houseman. The marks were verv indistinct) obliterated- .by handling and" the rubbing caused by the movement of the ship. If the. steamship Is to be treated as a carrier In this case, It la not to be charged with the Joss happening after the' landing oLthe goods, for the bill of lading provided tlmt tho goods were to be takou from alotigildelmmediately the vessol Is ready to discharge, and the bill 'of lading also exempted the ship irom liability for lose caused by errors, oblitera¬ tions or absence of marks. Messrs. Coulston & Driver, for the mer¬ chant: These'lcvhifle8 of skins, with other lots, were discharged by the ship and piled up promiscuously on the wharf, without re¬ gard to their marks or numbera, and wjth out effort to keep several lots separate, apart and distinct from each other. They were not accessible for Inspection by the con¬ signee. 'I he drayman of the different con¬ signees weie allowed to come dowp on the wharf, and without any supervision of tlie agents of the ship, were permitted to can nwav such at they chose to take. The live balea that Warner did get afterward were distinctly iiiuiked with his marks. It was the duty ol the ship to separate tho different consignments, and tluy weie negligent in delivering Warner,'* hales to persons other than the on tier.. The mere landing of the skins upon the wharf was not a delivery tp Warner, and this delivery of the libelant'? goods to strangers makes the ship responsible tor the loss. Judge MoKeuiian's decision Is as follows: In March, 1877, sixteen bales of dry permittee! to seloct from these mixed lota the skins which they chimed to bo theirs, with' out controlling supervision by the agents of tho ship; and the libelant on Jurlo 2", In exaihTuutlon of the balea of sklna then on tho wliarf/flnlletl to find any which belonged to Jilm. Afterward five balea of Ida skins ■were found and accepted by him, but none- of the rest, were traced. Identified and tendered to'him. HIS claltnla, therefore, for the price of 11 bales not resojvet), which wore shown to be of the value of $1(30.22, celvqd Irohi Liverpool a conalgnmen'tn)PJl)--'rh8 »»b[»ty of the respondent dependa Seivlan. goat-skins were bought In London for the libelant and were transmitted by Ma broker to Brown, Shipley A Co. for blm. They were marked with the lettera W.B. 1'. and numbera 4015 to 4030 Inclusive. Thus marked and properly packed, they were delivered to the agent of the steamship Illinois at Liverpool under bill of hiding, and oarrled to Philadelphia, wheie the Illinois landed on theUl«t of Ma), 1877. 'I hey weier discharged from the ship on the 1st and 2d days of June, 1877, and on its own wharf, and were then piled up mixed with skins of other shippers, »Itliout any separations of the several lots. The consignees or their iliujinen weie upon whether, thora was a auillclent do livery of theaklna In question to tho libelant. It was clearly ahown that they were not actually received by him. They were dis¬ charged Irom the veaiel on the wharf at which ahe was moored, and of this the libel ant had due notice, because he wae at tho wharf on the second day on which tho ves¬ sel was being unloaded to Identify and re¬ move bla part of the cargo. They were not, however, placed upofi tho wharl by them, selves or separately Irom other cargo of like character, but were mingled with other lots of goat-sklna discharged at the same time and consigned to other persons. Was there a legal delivery of his skins to the libelant? I think not. The ship's duty was not fully performed by merely depositing the libelant's goods on the usnal wharf; they must there be placed separate and apart from the residue of the cargo, eo that they must be open to Inspec¬ tion and conveniently acresbible to the own¬ er, and timely notice be given him. Falling to observe either of these conditions n III not absolve the ship from liability for the loasot the goods. The rulois tbus-conilsely and accurately stated In Redmond vs. The Liverpool, New York and Philadelphia SteamBhip Co., 40, N. Y. 584: "A mere deposit of the goods by the respondents on their own wharf without acceptance by the consignee, not separated and set apart' from the residue of the cargo and without a reasonable opportunity and time for their removal, does not discharge the respondents, and they tomaln at the risk of carriers," In the Eddy, 6 Wall., 485, Mr. Justice Clifford employs substantially the same language In defining the duty of a carrier by water In discharging his cargo not accepted by the consignee. The libelant's skins were Impropeily mixed on the wharf, in the process ol un¬ loading, vvh,h the sklus of other consignees, and when on tho day after the discharge of the cargo commenced, the libelant applied at the wharf for hfTsklna, thoae In question could not be found, but had been removed by some one without hia sanction. By reason-] then of this improper Intel mixture of the cargo there was no sufficient delivery of the libelant's goods, and the ship sUll remained under Its obligation to deliver them to their true owner; and It, is not relieved there¬ from by their removal and appropriation by a stranger whether by fraud or mistake. (The Thames, 14 Wall, 107.) "A decree will, therefore, be entered In this Court that the libelant recover from the respondent tho aum of $1520422, with In¬ terests from June 2,1877, and tho costs in both conns." with a competent master and crew. When upon unite Michigan, by reason of unsound¬ ness, the vessel sprang aleak and was una¬ ble to proceed further on her voyage. She partially filled with water and greatly dam- aged her>cingo. The owner was compelled to pay the, damage to the consignee, which amounted to $8,800. An expenae of $2,000 waa Incurred lii getting tho vessol back to the port el Chicago and for repairs, ■ It waa discovered that the cap In the oenter box wan decayed and tlmt the plankahear aeaina and the frames of the starboard bow were rotten. It la charged that on the false rep¬ resentations made by Higgle to Ayer the hitter hna loat the tiae and benefit of his ves¬ sel for two weeka, and that ahe waa reason¬ able worth f 100 a day during the detention. The difference In the value of the vessol as ho waa ropreaented by Higgle and her value A delivered to Ayer was at leaat $10,000. Fhe consideration of the notes have failed, tad. Ayer claims that he hna a valid defense to the notes. Higgle resides In Kansas, but the notes are nowTn the hands of Meadow- croft for collection. Ashe claims thereJs nothing due to Higgle, he asks that the, fondants be enjoined from notes, and that they be delivered up cancelled. Judge Aloran granted an Injunc tlnn In the matter. to Marino City, In the forenoon retuTrdnTiT the Afternoon. She now- leaves Wri.iH'l Eldrldge'a dook at 8 oWook p.W * touohaa at the Port Huron1.* Northwiii* dock.APort JTuron THmti. r",w««ern Between 6 and 0 o'clock on 12th I nit ih. schooner Magdala, with a cargo ofngni bushels ol barley for Ogtlenlburg. s2!' aground alter, going through the %tnSi. Just abovo Brookvllle. Shu la Win" ™*.t> NAUTICAL NOTES. Williams & Uphnm are rebuilding one of their dump scows at the slip dock at Duluth. The steam barge Jim Sheriffs will tow the schooner Sweetheart In the ore trade during the season. It is said Unit the old lighthouse on tho peninsula at Erlo. Pa., will soon bo relight¬ ed, steps having been taken to that end. The boiler has been taken out of (he old Michigan to be put In the -W. H. Pringle. The Michigan will be converted into a tow- barge. ,. The people living near where the scboon er Vlckeiy went ashore reaped a rich harvest of oats from that wreck, 12,000 bushels be¬ ing jettisoned. Tho tug men formed a union at Port!Col- borne on the 12th, to be known as the AVel- land Canal Tugmen's Association. Captain W. T. rlark Is president. The schooners-Sand and Annie Dall col¬ lided off Two Rivera Point. The Rand had her boom taken off and the Dall's mainsail had a hole ripped In the center. It required the use of four lugs to release the Seoti.i, which was aground off the east pier at this port hist Thursday with 1,500 tons pf ore and drawing 0!j feet ol water. Thomas Neater, of Dotrnlt, paid 1324300 tortile propeller J. E, Potts, 453 tons but- den, and $8 000 for the UigM. D. Cardlngton, 32 tons. Mi, Nester will use 'hem In his, lumber trade. -.....«■• vi um-inir lur ugueninurg, went aground after, going through the Nirrowa Just abovo Brookvllle. She Is lying on th, re-ToclTBn-whloh the Ill-fated Little ?u, i waa loat, and near the wrerkof the Sim Cook. The accident la due to theiamecauiu by whloh both the latter vpseelAjjere loit namely, an attempt to pass the. Narrow with a light breeze. As soon as n veiui omen ahe loses the breeze, and falllngoU to such an extent that her rudder fairs to obey the wheel, she drlfta Into trouble. The Magdala la owned In Quebeo and valued at The propeller dlomet, built by the Un¬ ion Drydock Company, Buffalo, wu launched laat Thursday. She la one of the largest and finest ever sent out from a Bur- ,.i..h«ni,«^r falo yard, and will be. a credit to the lake runsfprrin^ 35T,no- The ««remonles of launching we" .^r«ruDTmT 'm »"*«ln>Pl«, *•* the event waa very sat- cllvered up and Muelury t0 tnoge who participated. The Calumet waa loosed from her ahores at five - minutes after 3 o'clock and swam beautifully Her proportions are very graceful Indeed1. She la 372 feet over all; length of keel, 255 'feet; beam, 373^ feet, and depth of hold, 20 feet. She fs double decked, and has three spars. Hgr machinery la thought to be u fine as that carried by any boat on the lakes. She has a fore-and-aft compound engine, 25 and 62, with 45-Inch stroke, and stents reverse gear.' Steam is made In two ateel hollers i% feet by ID feet long. Her wheel I«12 feet In diameter. She pas a carrying ca¬ pacity of 2,000 tons, and la the property of James Ash. Her cost is fJHOfO0O. LITER AbVn OTK,ES. The June number orTUiiPEri's Maqazim brings with It the first breath of summer In two of Its descriptive papers. Ope of those, "Biarritz," by Lucy C. Llllle, la full of the charm and romance of the Basque coast, and Is beautifully Illustrated by C. S. Jtelnhart; the othoi "The North Shore," by Jfihn A, Butler, Illustrated by Charles Ghrham, de- crlbes the, north shore of Lake Supei lor, mid gives a delightful retrospect ol the old voy- ageurs and fur<tr»durs . Chicago vessel men are kicking against the canal rates charged by the Canadian govern¬ ment. A 20,000 bushel vessel la taxed about $150 lor the privilege oflookiug through the Welland Canal, and her tow hlllswlli amount to $100 more. Captain J. J. Hlbbard launohed his side- wheel steamer, Free Trader, on the 10th Inst. She Is a fine looking little steamer and has been built expressly for the Duluth and Su¬ perior route. She Is now receiving her ma¬ chinery, but the eaptain does not expect that she will be ready for business1 muoh be- fure-tbe middle of June. AYER VS. H1GGIE El' AL. Edward E. Ayer tiled a bill In the Circuit Court against William F. Higgle and Rob¬ ert Meadowerolt to cancel two uptes amount Ing to $14,000 under rather peculiar circum¬ stances. On February 11th last Higgle claimed tote the owner of a schooner then l\ Ing loaded with a cargo at a Chicago dock. He requested Ayer to purchase the vessel, lepreseuting that It was sound and sea¬ worthy In every respect, and stated that II Ayer should find any rotten w ood In the ves¬ sel he would make him a pie»cnt of It. The vessel h»d been chartered by David Hows & Co. to cany a cargo of grain fiom Chicago to the €lty ot Buftalo upon the opening of navigation In the spring. In case Ayer bought the vessel he was to have the bene¬ fits of transporting the cargo. On repreien- tatloh that the vessel was In sound con¬ dition Ayer purchased It for tho sum u(\ $10,000. He waa to pay $5,000 In cash, $10,- 000 on the let of August, 1884, and the bal¬ ance of $4,000, by January 1, 1885. The de¬ terred payments of the hist two amounts were evidenced by two promissory notes. Prloi to the sale Ayer-was prevented from Inspecting the vessel on account of the grain stored In her. Upon the opening of navi¬ gation Aver delivered to David Dows & Co. a bill of lading of thecaigo in accordance with arrangements made by Higgle pi lor to tin sale of the vessel. On Mny 2d the ves¬ sel left the port of Chicago upon her voyage j A report in circulation to the efleot that the new Canadian Pad lie Railway steamers Alberta, Algoinah and Athabaska, having been built for salt water displacement, would be unabfe to enter either Owen Sound or-Thundr Bay, Is falsified by the fact that tlie Algomah reached Port Arthur Tuesday from Owen Sound with 800 emigrants, 200 first-class passengers and 200 tons of 'might. The Kalkaska, the new steambarge built the phst season at Laiigell'syaid in St. Clair, was launched on 'J uosday, the 13th. Hei machinery is all In position and She will be leady lot business In a few da} 8. Under the supet vision of Captain Fish her cabins ate said to be ven-handsomely arranged. She goes Into the lumber trade between Cleveland and Oscoda. Superintendent J. M. t'hllds telegraphs agent Morrison that the steamer connection with the Thousand Island Is an established fact. The arrangements are such that the steamer will reave Oswego at 8:16 a. in., reaching Alexandria Bay at 2 n. in. daily The steamer to be used Is the Flower City which Is now being rebuilt. The boat lias been lengthened fifty feet and has additional cabin aocommoditions and will be In'every respect a first class craft. It will be nearly a. month before the steamer will be ready to run.—Timet. 'Hie steamer Mary, probably the fastest boat oil the lakes, with the exception of the yacht Permolla and possibly tho City of Cleveland, is now in perfect condition, and making her trips on thorivei route regularly. She Is as a beautiful craft as seen on the water, and^exceedlngly convenient and comfortable throughout, her close upper cabin being an especially fine feature. She has proved her¬ self so fast that she now loaves Algonao muoh later In the morning that formerly, „.„i i» —. .•—i — . "- — ■ "Sheffield," an article by W. H. Rldelng, Is efftctively illustrated, including some very picturesque drawings by Joseph C. Pennell. , Every reader will be grateful fa Dr. Wheatley for his admirable, through review of the complex operations of the New York Custom-house. W. M. Dickson contributes an exceedingly Interesting remlnlsceuce'of Abraham Lincoln's visit to Cincinnati— the occasion of his first Meeting with E. SI. Stanton. A fine summer picture la Alfred Paraon's "Giant Beeoh," an Illustration of one cf Mr. William Sharp's "Transcripts from Nature;" and In the seventh part of Mr. Roe's uovel, "Nature's Serial Story," Mr. Gibson finds opportunities for some ol his very first floral and landscape drawings. - Colonel Hlgglneon, In bis chapter on John Qulnoy Adams's administration, gives nut only an interesting glimpse of Washington society In that period, but also a com¬ prehensive review of the national progress, 9f the great western march of the cenueof population. This numbor contains tlie sixth part of William Black's charming novel, "Judith Shakespeare." There are several short stories >apd poems contributed bj Dinah M. Cralk and Louise Chandler Moul- ton, Mr. George William Curtis, in the Editor's Easy Chair, chats of tlie new order 6,f clubs, the copyright question—and the so called fire-proof fiats; and pays a high tribute to Mr. Gladstone. Mr. Charles Dud¬ ley Warner, In the Editor's Drawer, gives a characteristic view of our annual mlgiatlon The other Editorial DepaVtments nie well "Sustained. The June Atlantic brings the end of "A Roman Singer,'1 Mr. Crawford's best storv and one of the best serials t,he Atlantic hai overprinted; and two additional chapters of Dr. Weir Mitchell's cxoellent story, "In War Time." Richard Grant has a second j paper on "Tho Anatomizing of William Shakespeare," In which he pays his pungent respects to a recent critic of the Riverside Shakespeare. Rev. J. G. Wood wi lies of 'The Trail ol the Sea-Serpent," showing what It Is and where It has been seen. Two political articles ot timely Interest are "The New Party," by J, Lawrence Laughlln, and a letter froip "An Old War Horse to a Young Political)," by William H MoElroy. O. B Frothlnghum writes ol "Washington as It Should Be;" Dr. Holme* paysabjlef but hearty tribute to the late Thomas Gold Ap- nleton, biother-tu-law of Mr. Longfellow , b. O. Kelloggdlscusses"Peiiury not Pauper- Ism;" Olive Thome MII16V writes ol the thrush, "The Blid of Solitude;" the short story, "Wontvvorth's Crime," Is by Frank Parks; an anony mous writer desot Ibce "Pa rls Classical Conceits;" thero are poems by Dr. \: ami Is not timed to leave St. Clair until 8. -T. W. Parsons and Mrs. Piatt; and rovlews o clock, arriving at Port Huron at 0. About of Important now. books, with a good Von- Jiine 1st she will begin making exourslon trlbutors' Club, conclude an excellent num- trips from lort Huron to St. Unlr or perhaps bei. Houghton, Mifflin & Co., Boston.