Marine Record, August 30, 1883, page 2

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THE MAfllME RECORD. MARINE LAW. . . ,_\r7>.jwr«FJtijnuly for Ihe Marine Jfecord. ' ' MAlttTIMtt LOANS. Although tlili subject "miiy not bo as I m- portnnt In conjunction-with our hike com¬ merce Sb U is In connection, with Hint upon the ocenn on nccount of tlic fncllltlcs which nro presented n't every port for commutiicn- Hon with vowel owners by inonnB of tole- grnpli, Btlll It Is not without Interest." Fre¬ quently the master of tho vessel Is the own-, or nnd It mny bo Hint nil his available capi¬ tal Is locked up In tho vessel nnd It mny bo tjiociirifo; In such nonBo, In cneo of- accident or mlslortnne tho vottel'or enrgo will be se¬ curity upon which n loan must be negotiated. As will nppear liercnfter, <uch a lean mny be mnde'by the muster; whether owner or not. By maritime loans Is meant loans with the ship or cni-po ns security. The power to innlvi) tlicaclnaiiH rests cither In the owner¬ ship of- 'he vessel or ii. the necessity of the case. Binding the ship or cargo in this wny is tern'ed hypothecation, which term con.,, vcys much tie. same inclining as the word inortgngo Js applied to other species of prop¬ erty. These loans are divided into tvo gen- ornlclnsses, bottomry and respondentia bonds. When the ship is hypothecated, the contract is caljed a bottomry bond on account of the snip, to "the bottom plunk, being pledged ns security; when the cip-go Is pledged the contract is styled respondentia m the cargo must respond as security. •♦ Courts of Admiralty Iihvo ninny* upheld these contracts with u strong baud wherc| they have, been entered Into bona Jlile and without any suspicion of fraud, it Is a self- evident proposition that tire owner would have the right r,o pledge ilio ship and freight for any lawful purpose, and u little thorght will convince any Intelligent person of the necessity for some such provision ns this by means ol which the master may raise funds to pioscctite the voyage when in a foreign poiirpr when tho owner can furnish n) other means of raising the same, after the . bant and freightage comes the cargo Itself, which must respond as security. The bond Is usually conditioned upon the safe arrival of the ship, nod as the lender takes not only the risk ol his interest, but of his principal also,' It will be seen that the loan Is in the nature of mi Insurance as well nsof a.mort¬ gage. The lender lakes the ilsk of the "Per¬ ils of the sea," for this reason the principles of law rt'hitlng to usury do not apply, and in¬ terest is limited to no especial rale. Any rate ti.nt the parties may agree upon which Is not exorbitant can be collected. Indeterm- li.ing what would be an cxhofhitnnt rate all the circumstances ot ilie voyage and the risks to he run will be laken into considera¬ tion by the courts. If the vessel arrived safe, the oivner as well ns the property pledged In bound to repay the loan together with tlie mailtuue iiiii'i'et-t, but if the vessel - rs lost or wieckeil except by the negligence or fault of the owner', muster or mnriuersi the lender I'an look only to the remauis. A bottoimy bund cannot be given by the mas¬ ter Ijir a preexisting debt. The Hen which the snllois have lor llielr wages takes prece¬ dence over any bottomry bond, and their Wageseanunt be hypothecated, in case of tie necessity fot a second hypothecation <luring the same voyage, instead of the Hist hypothecation inking precedence id I lie sec¬ ond, as a mortgage would, the order is re¬ verted and the last takes precedence ovei t'uc first, for. the reason that If the last had not been made thewhole security of the llrsl lender would have been lost. The bottomry bond also supercedes a former insurance, a former mortgage, or any othor lien except tor seamen's wages. The authorities aic not agreed n6 to whether a lender upon a bot¬ tomry bond Is liable 10 a contribution in case ol a jettison, but the better opinion seems to lie that he would be, on the same principle .that n Inter hypothecation tnkes precedene'o over n previous one or ovor n mortgage. In caie of a respondentia bond, it the ship Is lost arid the cargo can be Bnvcd and forward¬ ed by another ship, tl|c owners arc person¬ ally responsible on the bond. In nil eases after tho risk lias ended by tho safe arrival maritime Interest ceases as it Is only allowed as a compensation for tho risk, and tho ordi¬ nary lognl rate commences on tho accumu¬ lated principal andlntercst, on the prino I- jilo that after money Is due it dtaws interest ■it the legal rate until paid. 1 f-no rnte of In¬ terest IihS been stipulated In the bond only tho lognl rate can bo collected as the Inn' can supply no rate higher than that. As was stated nt tho beginning, this subject is not so' applicable to Inkp commerce and to tho present time n.B.formorlyj still It Is of Inter¬ est, nnd cohtlruioa Its .prlffblpleB of useful service. The greni oxteqslou of commerce nnd the Immense enpltnl Invested In Jt, to¬ gether with -the nlmost uiiiversnl employ¬ ments insurance tends also to lessen the cnses'whercln hypothecation becomes.nccos- sary. This may~be marked ns ono ol the milestones In the groat march of progress fgr which commerce lias done so much. GENERAL NKWS, A telegram from Washington says: .The hoard of llfn-snv|iig appliances will meet at BiiH"n)ou3eptomber 3d. Ono hundred thousand people hnvo in¬ tended the Louisville Exposition since the opening. This docs not Include attaches who enter through tlifcgiite. Orders were issued nt the Treasury Do- pnrtiuent August 15th, lor the opening of all the Ilfe-Biivlng stations on the Atlantic nod (lull' couBts on the 1st of September next. Lake Mlchlngnn Is gradually "chewing up" Itnclne, Wkt u nlfcndy having made marked encroachments on her ground. An Injunction should be got out In I lie shape uf a stone W41II. lii September a cable will be laid between the lile-saving station lit BrlgautirTc Bench, New Jerrcy, nnd the mainland, and the sta¬ tions Immediately above and below the Krlg- f limine Beach station will be Connected with It by telegraph. A company of San Francisco capitalists are at l'ortTownsend, Washington Territo¬ ry, negotiating for land, and making ar¬ rangements lor building a saV mill and shipyard In.that place. The works, which are to he Ihiislied Inside of six luontliB, will cost Wuu.OOO. A'decision by the Treasury Department was tecived In Chicago which seems to ad¬ mit that Canadian barge lines limy enter the American coasting trades on the lakes. American vestel owners will make vigorous opposition, ' The new tunnel on the Delawnre, Lncka- wnmin * Western railroad, near Nicholson, begun nearly n year ago, has been substan¬ tially completed, and the first train passed through It last week, The tunnel Is 2.177 feel |u length. 1G ieet wide and 21 feet high. An opinion by Solicitor K.iynor, of the Treasury Department, gives steamboat men and tug men great joy. It Is to the etlcct that an appeal from a local board of steam¬ boat Inspectors Is a stay of sentence, until 1 he supervising Inspeclor hears the cast. A sclcnlillc voyage round the world is to be iiudeitaken by the Swedish trigalc V1111- nclK The expedition will be absent about eighteen months, and Is (o include the Duke ot Gotland, King Oscar's youngest sou, and several eminent Swedish savants. Advices from Winnipeg are to the cllect that the general success of Ihegiaiu harvest lor Manitoba is now beyond a doubt. A K'cry bounlllul crop of wheat will be leaped, Willi the general yield over an average. The average acreage town 'in the province shows an increase of ol per cent over 1882. The Oswego Palladium says that "a new 'Maid of the Mist' will be launched on the American side ol Niagara river at Suspen¬ sion Bridge belore llic tlrst week In Septem¬ ber, and on September (1th the steamboat with colors tlylug will run through the rap- Ids to Lewiston. Work on the boat was he- gun Saturday nt the water's edge,- a few rods above the railway bridge." An Arable manuscript dating Irom the hitter half ol the lourtecnth century (13(15) conveys the curious luioriuatlon that the merchant vessels trading at that time In the Indian ocean carried four divers, whose du¬ ties were solely to discover and stop leaks in the hifll of the craft below tho water lino. Sound ot the trickling water indiciijed the points of danger. Th« Mexican Navigation Company re¬ cently sent an agent to England to buy two steamers (or their Now Orleans lints The agent lias failed to purchase the steamers and the government- has 'extended the lime Iqr the commencement of the operation un¬ til the steamers can be built. Tho Lamoul- npns, tho tlrst stentner of the Trnns-nthintlc Line, is expected to arrive at Vera Cruz In October. Two steamers will bo put on tho lino early next year. Merchants hopo tho Alexandria Line will continue to ply be¬ tween Mexican' ports, New* Ofloiihs,and Now, York. ■ J. B. Oirdner. n wealthy citizen of Bos¬ ton, recently'deceased, provided In his will (lint n Inrge sum of money, bonds, nnd other sectnlilcp; aggregating In value $1)31,000, should bo turned over.to the United Stales Treasury to. be used In ht'lplng'trfpny tlio national debt. The bequest' has been re¬ ceived nt 'llio ■ Treasury -department and placed to tho credit of "patriotic donations." STEA4I_AilU-»AlL.. From the Maritime JirgUltr. JjJjVflff'illeloil that tho sailing ship wIII.ro out lorcvei- willi (ho nineteenth century. Ten years ago It was declared that sleain wjis to he the only niotor Used In propelling ships. Bui-siai'tlTiig developments in the Held ol electricity havolead to t|ie belief that Btcnui may be displaced by even a cheaper and more pnwerlul motor. Tho succession of surprises, however, In sleain and electric machinery, has quite settled tho fate of sail apparently, and ho Is looked up¬ on aS a fossil who still clings with any per¬ tinacity to the idea Hint sail as a propelling power for vessel* is mil doomed. It Is com- lortahle 10 sail w|ili tlie current, especially when It wins pirllcuhirly smooth and safe. There Is certainly a broad basis upon which to ba-e these strong assertions cottct-rning theclassof vessels which will be used In the future. And'the spirit of the age Is entirely In invar uf everything which appears to give speed and, as It were, annihilate time and space. But there are some obstacles ill. tho way of the accomplishment of this prophesy concerning sailing ships and It would be well to ascertain If these do promUe to mod¬ ify llie conditions so eniifldeiltly set lortb. The struggle Is not now lor the supremacy of steam or sail, for the former has succeed¬ ed, ami as fur as the hitler Is concerned it will hereafter be lowest In the class. There Is no struggle between steam and-some su¬ perior agency, for nothing' superior has ns yet been discovered,--or rather been thor¬ oughly tested and found practicable. It Is simply a question whether steam can drive out Bail entirely. A cursory glance at the water carrying trade of the world would at once ibad to the belief that It not only can, t>i}t ll(nl It Is lapidly'dnlng so. But a closer glance shows that while 1) Is confining the use of sail Into smaller and smaller limits a final exllucllon Is not at all |»inlmt)le. Tilde will come a point beyond which steam can¬ not go in (.oiupetliloii anil at which sail will hold its own Tills point has not yd been reacln>d,but It Is not laraivay. The belief, however, that the steamer Is to he the only carrier, lias led 10 an enormous overproduc¬ tion 01 that class of vessel, with the conse¬ quent result thai large numbers of them earn no prolit. Fieucly eompellng mining them, selves the siilllngshlp had to go to ihc wall. But now It Is luiiiid thai in certain trades sidling ship- have more than held their o» 11 even against suelt odds, and are making money. They share in any cheapness In'cost of building, and in some trades their lesser cost enables them to coin|icle with steamers. This difference in cost will alwaj'sexM and It will be I1111111I sulllclent for a lung time to come to ghetho sidling ship an advantage over all other classes as a carrier. The rail¬ way has not driven the steamboat out of trade. The eanal boat is not yet a relic of the past. These vessels bold their own sim¬ ply because tln-v make the element of cheap¬ ness In the question of tnui.-porlatlnu enter so hugely In their favor that prolit is found in using lliem. lu'eertaln trades, with cer¬ tain classes of goods, this element ol cheap iraiispoitalhjii is so vital a (actor'that time, may bi- sm-rillced with Impunity nnd the transportation given to that vi-ssel which can carry chenpost. That vessel in many Instances must pci'torcc lit- sail. But now another lac-tor Is creeping In which makes the piedlcled annihilation ot sail lui-tlier removed than ever. This Is an old plan being pill Into practice again. The question ot the profitable employment of steam as tju auxiliary power In propelling sailing ships Is again attracting attention. Attempts In this direction have not been successful. This was specially owing to the drawbacks attendant upon a class of machin¬ ery of which Mule was really known, the cost of " hlch was huge and the construction ol which was clumsy. Disgusted with these lew experiments .attention was turned al¬ most wholly to 'making Improvements In vessels with steam power alone. These Im¬ provements have naturally extended lnvc(. tlgation into wider and wider fields and by conscqucncc.hiwo takon in tlie old matter of auxiliary Btcamcrs nyirin. The mistakes of past years have-been studied In order to'lead to new discoveries.' Ol late years great strides have been made and some of the best mechanical minds are giving the subject of auxiliary steamers closer study. It is main¬ tained that sail vessels with auxiliary steam power can be run at a slight Increase in ex¬ pense over sailing vessels. A propeller screw adapted to this class of vessel has been Invented and the cost of titling out a sailing vessel with auxiliary engines. Is not great. Kxperlmenls have already been made In this country with tlilsY'luu-ol vessel with, wo are told, success. An auxiliary Btonm. bark Is now being built nri tho Pacini) coast, and from IndlcnilouB more of this class will ' ho'built In the rtunr .future. A large four- inaMod iron ship launched on the Clydethls year tins bcon lltted up with two auxiliary' soruw propollors, oiioouoaehsldejimldshlpB. _ Tho propellers nro driven by tho engine on " deck, nnd they drlvo tho ship nt the rnto'.of -' about thrco miles nn hour! All these ex¬ periments nro being closely watched, ns - there Is nu inerensliigeliies favoring tho Idea of tho combination of steam and sail, and If- success . Is at nil probable, the next great change lu shipbuilding will bo with tho aux¬ iliary steam vessel. It will be.admirably adapted tqr lone voyages, nnd this combina¬ tion of wind and steam—one stipplemonllmr^5; the other—promises to give the cheapest ktful of an ocean carrier. It Is undoubtedly tho Ideal combination of motors and It offers so .many advantages, nt once tho cheapness of .cost and -working of the Bulling ship with the continued progress ntlendimt upon steam that It will bestrnqge If mechanical genius does not:«ueeeeil in giving to the world (his much desired class of vessel. STANLEY'S WORK IN AFRICA. From the Jitter Ocean. There have been many rumor* ns to what Stanley .was doing and would he able to do n Africa, but all have been of an un'siitls- tactory or sensational character. When ho . went to Africa as the representative of tho African Interuatinn Association lu 1871), Stanley himself gavo to Ids work the air of mystery. The Infoniurion that he was en¬ gaged In building a turnpike Irom below tlu3 cataracts on the Congo to the upper nnvlga- blo waters was grudgingly given, and It was not until late in 1881) that anything answer¬ ing to official reports was submitted In re¬ gard to his operations. By December, 1880, Stanley had curried Ills turnpike and Incidental impinvemcnts 'to Isangiln, 02 miles from Viva, or 1G2 miles from the mouth of the Congo. The third station Manyanga, was reached in Mny, 1881, and here Stanley fell III. When he ro- coveied be found that the site selected for his fourth station had been occupied by Do Brazzn In the interest of France. His pro- ^ lest was Ignored, and for' a time serious trouble threatened, but dually tho fourth station was established 011 the opposite shore, at Leopoldvllle, 230 miles from Vivl. At thls^iolnt he launched a steamyaclit-^ and established tlie fifth station at the con llnencoof tho Coange with the Congo, 100 miles above Leopoldvllle. He carried his explorations 300 miles further, and thus opened Hie way to the Interior. Dc Hi-azza, It should be understood, worked over to the Congo from the Ogevo river, which hud been the route of French expeditions 10 ihe Interior of Central Africa. In 1880 he discovered that the Alima river, which approached" the Ogevo, was a tribu¬ tary 01 the Congo. He went down the All- 11111 to the Congo, and with tho- purpose to forestall Stanley lu Ills -Congo scheme, ob¬ tained a concession of 1 he territory irontltig tor nine miles ob the river, at the polulj where Simile* bad planned to have his turn¬ pike tcriiiiualc. He explored and claimed lor the Fiench the country between the Ogeve and the Congo, and the Fiench Gov¬ ernment approved hjs scheme for a protec¬ torate. So mutters lested when both Dc Brnzzn and Stanley visited Europe. De Brnzzu mcf with ail enthusiastic reception In France, while Stanley received countenance and support both In Belgium and England, and indhectlv In Germany. Dc Brazzn returned to his field of operntiou", but it was reported that Stanley would not return. It was even stated that, leaiing that Franco would re¬ sort to force to maintain De Brnzza's posi¬ tion, tlie International Association had de¬ cided to keep tlie aggressive Stanley out of Africa for some months. It now- appears that Stanley went at once to the Congo country and set about over¬ coming the influence of French diplomacy . lie entered also into negotiations with the Portugese, who claim the mouth of the ilv- ci, and with tl|c Dutch establishment at Ilorna, elghtv miles from Ihe const. lie has, so the English correspondents tcport, recon¬ ciled the untsves, and won them over from Dc Brazzn, so that he Is now practically lu control o( the Congo route lor 230 miles above De Hrazzn's post, and Irani that point to the coast. An impiovcd dtedging machine has been nniciiic.d by Messrs. Larence.A. .lonnson and S'cls E. .lohnsoii, of ttorthtnti,Oregon, which Consists ol 01I0 or more spurred cylinders for breaking and loosening the bed of shallow rivers or strenins, nnd with n propeller serow for agitating the water nnd causing the loosened "sand, mud, etc.. to bo carried oft" by the current. The machine Is very sim¬ ple in Its construction, and not likely to get 0 it of order hv use. ITCHING PILES-SYMPTOMS AND CUKE. The symptoms are moisture llko perspira¬ tion, Intense Itching, particularly nt night nftcr getting warm'in bed; seems as If pin worms were crawling lu and about the no- turn; the private parts arc oltcn all'ecled. Swaync's Ointment Is a pleasant, sure euro. Also for all skin diseases.

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