THE MARINE KECOKD. MARINE LAW. BCHOONEHa' LUniMlY FOR NECESSARY SUP¬ PLIES—THE nOME PORT. Circuit Court, Dietrlet of Itatmehutttti. In Admiralty1. C. T. Russell'and C.T. Russell, Jr., (or llbellimts,nppcllH|ita. Quo. M. Heed, lop cliiliuniit. Lowell, J. Tho schooner Jennie B, Gllkey was sold In Hie district eouit, mid certain debts which -were iidmltied to be privileged were paid out ot the proceeds. The libel ot H. M. Baker & Co., ofNcw York, for necessary supplier furnished the master In New Yokr lor his hist voyage, was rejected, because according to the evidence In that court, Nqw York appeared to be the home port of thescliooiier. A new case In made In this court, ant, has been very thoroughly pre. pared and argued, both upon the facts and the law. Thnvlalmant, Mr. Lorlng, owns the greater part ot tho vessel, an J contests the Hen of the libelants. When these sifppllea were furnished, the vessel w,i|s nCffled In Mas¬ sachusetts, Maine, and New Hampshire, ex cepllng that Loud & Co., 01 New Yoik, owned, one sixty-fourth part. The case Joi the-libelants is, that the sihooner was huljt and largely owned iif Boston, and had a permanent legUterln that port; tint "Bos¬ ton" was painted on. her stern; that they be- lieved, and had reason to believe, that she| was a Boston vessel; and that In fact she was so. The contention of the claimant Is, that New York was the home port of the vessel, because Loud « Co., of that city, were her niannglng owners; or-^hat the master- wbb such owner, and ugnally-re¬ sided In New York, that, thertWe, she should have been registered there; aiul that admiralty, like equity, will hold that to be done which ought to have been done. If Loud & Co. were the husbands, or acting and managing owners* of the vessel, the registration should have been changed to New York when they were appointed to that office. Rev. St.,4 4141. It does riot necessarily follow that New York became, ipso i/hcio, the home port, without change of registra¬ tion. I have seen no case which decides that the home port shifts as often as the managing ow ner Is changed, without change „ of papers, or that material-men are bound to discover who is the managing owner of a vessel, or what place ispis-usual place of real, dance. One case decides that the port of en¬ rollment is the home port, If the managing owner lives there, though a majority of the owners live in another state. The Indians, Crabbo, 470. In that case-the decree was that the vessel changed her home port from a certain da}, which was that of l.er new enrollment at the port of the iiiaiiaglugown- er, and not that ol the sale to him; but the tlhie between the conusance and the enrol? 1 meiil was lulling, and the point does not appear to have nllruUcd attention. It lias often been dci ided that the place ot residence ot the owneis is to be considered (ho home poll, even when the legislation is in anothei emit, If flic tacts ol ouneishlp and resilience wi'ie known or might have been known, to the ninlerial-iiiaii, (The Golden Gate, Newb. JOS, 'Ihe Alhaiij, » Dill. 430; The 15 A Bnjnaid, a I'eil. Kep, 712, The Mary Chilton, 4 I id. Kin. t-47,) but I have seen no cuse wliiih brought up any question between miijoilt) and iiiluuiity owneishlp, oi between the managing and not managing owneishlp, In a case ol ilils kind. It Is cquall) well established ihat the port ot registry Is,* In a case of this kind, prima facie the home port, to be overcome by clear proof, before any other home Is taken as the true one. The Superior, Newb. 178; The Surah Starr, 1 Sprugue, 453; 2 Pars. Shlpp. & Adra.^326. Mr. Justice Clifford said-that tlie-statute requiring the nume of the poit teglstry to be painted on the Btein Is Intended to give to all person's In¬ terested iipike of the home of the vessel, mid this statMiient Is quoted In an opinion In the Issocommon with New England vesi-ols, the master sailed In i on shares. He undoubtedly totik the responsibility, and gave the orders for all the vojagesafttl business o' the ves¬ sel ; and Loud & Co. tit ted pn clsely as they did for all other vessels which they dis¬ bursed. The fact that New Yoik was the headquarters of the vessel, us It must ho of general freighting vessels on this const, has no effect to make It the home port. Ilayegv. Pacific Mall Co. 17 How. 590; Morgan v. Parham, 111 will. 471. In taking out registration, Mr. Lorlng, the present claimant, represented himself to be t he managing owner. He says that he signed the papers because he was told by Captain Gllkey, his brother-in-law, that they were necessary, and knew nothing about their contents, which I take to be the fact. Still, Mr, Lorlng was the hfrgest owner, and all the managing owner that the vessel had, unless the master shall be considered so. I agree with the claimant that It la doubtful whether the n aster can be the ship's hus¬ band, or acting and managing owner In the sctiBe of this statute; but, however this may be, 1 do not find, as a tact, that Captain Gilkey. was such husband* or acting and managing owner, nor that he usually resided in New York. He managed the voyages of the vessel, as clnrrteier and special ownlu* .not as ship's husband, in the sense of the statute; nor did he reside In New York. Judge Ware decided that a merchant who passed most of bis tithe in New York might be cousldeied as usual Iv residing there, though he was domiciled in Maine. The St. Lawrence, 3 Ware, 211. I have my doubts of the soundness or this opinion, but do not now controvert-HV-Cnptalu Gilkey was often in New York, but'lt was because his vessel happened to be there at the end ot his voy¬ ages. He called himself a resident of Boston, or of Somervllle, which Is a suburb Of Boston and Ills' family lived in Somervllle, and It Is not proved that either he, or any one else, ever supposed that he usually resided In New York. I cannot think that, if the statute would ever admit the master to be the managing owner, it intends to say that his. mi al lesideuce shall shift with the shifting business of his veBsel. Seamen are con¬ sidered to reside, for all municipal purposes, of voting, taxation, distribution, of estates, where thei« families live, and'they consider "themselves to have their home, tinier v. O'Donnell, 1 Bin. 349. note; Boothbay v. Wlscasset, 3 Greenl. 354; Hallet v. Bassett, 100 Mass/lG7. While I do not, at the present time, dissent from JiH.ge Ware's opinion that a business mini may have a usual reel deiue apart from bis family, I hold thai the master of a Vessel does not acquire such a res¬ idence by putting into a foreign port more or idth often I hold, therefore, that the tchoon- er was propcilj legls ereU In Bostbir, and was a. feielgn \escel in New York, that the libelants have a piivilege for the supplies (urnl.-lied hei The only disputed Items of the account are the premiums of Insurance 1 lie evl deuce upon this point Is not very lull. I understand that the vessel sailed on hei last voyage in 1878, and seflered damage which caused heavy expenses In a foreign port; that the owners contributed funds to redeem her, and afterwards became dlsatlslled with the conduct ot Captain Gllkey, and sent out another master who bionghtMhe vessel to Boston in 1881. The libelants, in the inean time, having had general nuthoiiiy or In¬ structions from the master to that effect kept themselves insured by annual policies, and the principal charges of this kin J arc for these Insurances. There is, besides charge lor lusui ance on freight in one of the voyages, which vas authorized by the mat¬ ter. In August, 1880, the claimant, In an¬ swer to a letter from the libelants, which Is not In evidence, wrote; "Think your bill against schooner Jennie B. Gllkey should be-covered by a yearly policy, bo to get tho 1 Cliff. 1(13,4GG; Morgan v. Pal hair, IU Wall, 471,475. As'I IIml the facts to be in this case it wU! not he necessary logobejondf these decisions. Loud & Co, testify that they acted merely as brokers or consignees of tho vessel, and neither had, nor assumed to haw, any of the powers of managing owners; and this is aontlrmed by all the evidence. ' The schoon¬ er's voyages,during some jears, were chiefly tween New Yiik and foreign port*, iiiul a« There Is .some difference of opinion whether Insurance, though duly authorized, gives tho underwriters a privilege lor Hie premiums The better opinion appears to he that It does not, because Insurance-Is not a n7cessary supply for the ship Itself, but only a prudent seourlty for the proprietory In¬ terest of her owners. Compare Tho Collier, 8 West. Law M. 52T; The John T. Moore, 3 Woods, 01; The Helnrlch Bjorn, 8 Prob. Dlv. 151; The Dolphin, 1 Fllppen, 580, and the reporter's now;, The Guiding Star, 9 Fed. Rep. 521; The Riga, L, R. 8 Adm. & Eco. 510. Tho strongest argument made by the libelant Is that the premiums may be re- guided like Interest, us a charge for delay of payment. In some bottomry bonds such a charge Is made by agreement; hut whether the courts will uphold. It, Is doubtful. .See The Bnddlngtnns, 2 Hairg. 422_ 'Che Robert' L. Lane, 1 Lowell,' 386; where'the, question was not decided, but only releired to. If It wot e proved that by a genera), long estab- llxlicd, and well-known custom, premiums of Insurance are to be added to the account by"way of cpii8hlerailontor|the forbearance, they might pitsi-ihly be allowed, on the theory that the chaige tor Interest was pro¬ portionally diminished, or that the airang- ment was an entire one, from which no one item was to be separated. No such evidence was offered. It must be remembered that the schooner was 8111160* on ahareB under a parol charter, ^fchlch required the mastertr supply the ves¬ sel for her voyage, though not to repair her. She is liable for necessaries by virtue ot a Action of the admlialty courts, known to all the parlies, Und admitted hi this case. But the insurance did not benefit the owners, for they were not personally leaponslhle for this,debt. The case api ears somewhat stronger ngalii9t the charge than If It were made in bottomry, Inasmuch as the exigency was less. In bottomry. Is commnniciued- wlth, in most cases, and If he cannot advance the money, the master must raise it on the best terms he can get. Here Ihe libelants supposed, ihough they did not Inquire, that the master was Bulling ihe vessel on shares, and they therefore fupposed It to be Im¬ portant for them to Insure, because they had no resort to the owners They protected their own Interest, as a morgagee might do. .and can no more charge the premium against the Bhip than a morgagee could charge It against the estate In the absence of a postlve; stipulation to that effect. I reject the Items for premume of Insurance. Decree for the libelants. . supreme louii. The Martha Waslilngion,/'t&st utu joii can, at tho'same time bo ablo to cancel at any time." The next year he wrote a much more cautious letter In which tie. relerred iIn in to any Instructions they mav have had from the master. It is apparent, on Ihe lace of this second letter, that hu was afraid that he hau committed himself In 1880. 1 am of opinion that neither the master nor the claimant had. authority to chinge tho ship with pieinluins of Insurance paid In New York to secute tho libelant's account. ^ , INTERESTING TO NAVIGATORS. GEORGIAN BAY StmVKY. Georgian Bay, to which regluu sucli huge fleets ot vessels ply trout Chicago, [s justly termed the "black bole" ot the chain of lakes It abounds with reels ami shoals and bad places, has few beacons and liun\e, and has fewer lighthouses To he added lo all this Is the lai I that the tlerc- csl gales lage there and that theicaieno tugs or life saving news. The only survey evei' made of the "black hole" was couiv iiienuul last tall, and It Is to be lonllnueil SI all Commander J G. Boulton, R. N , Is in charge ol the survej, which will prove of great lnip~oriiiiuo and assistance to vessel masters trading to Georgian Bay. Oh the completion of the survey of this portion of the bay and north channel full ami con ncct- ed sailing dlieellons wllf bo Issued by the Canadian Department of Marine, canceling tliU temporaiy Information. TOUhRMOHY (COLLIN'S) HAI1UOR aflords excellent shelter liinii all winds. Until It and the approach thereto are free from dangers. At night the temporary fixed white light on the southwestern en¬ trance point may be steeied tor when Been. The best shelter is In the southwest arm, making fsst to the western shore, which la ■teep to. The assistance of Mr. Charles Earl (who resides here) may be obtained If wishing to proceed Into Lake Huron by Cape Ilnrd channel-. The shores of Echo Flower Pot, and Middle Islands are steep to on all sides. ukar'b RUMP. To avoid tho shoal extending from tho south point of this Island, keep Cove Island lighthouse touching the noith extrome Flower Pot Island. Tho east sldeof Middle Island In line with the west side of Doctor Island (the nnithernmostol the tour Islands In iront of Tobennory Haibor) leadB eastof this shoal. LONKIY ISIaND. The north shore should not be approached within a quarter of a mile, nor the lemaln ■ der w Itlilu a couple of hundi «d yards. ci.ua island iiAitnon Is uel!!sheltered fiom nil vlntK In enter lug keep neliiWNlio south point, und bilng up off tho houses, fn.tbcjiouth corner. WJM. ISLAND. To pass eastward of a long shoal stretch¬ ing Bouthward~from the south extreme pf this Island, kvep the Tight fall of Cape Smith open east oa( Rabbit Island. i RATTLESNAKE — Is a safe harbor, and may be easily entered with tho plan on the Admiralty chart. From this locality to Cape Smith, the coast of Munttoulln Island should receive a berth of a quarter of a mile. The holding ground In Wekwemlkonalng (James) Bay Is pot goqtl*. DAW80N hock, \ . • a large patch of bowlders, with three -tect of water over Its shoalest par', lias E.iby N. %N,, distant ten miles from Loifely Island lighthouse, and SJS.E. %E,.y twelve and three-quarter nillesfrnm tho south extreme of Squaw Island. From this patch the southeast end of Horse (Fltzwllllnm) Island la closed with ihciiorlh extreme of Lonely Island; and ihe summit of Badgely Island la over the northern pari ul Squaw. SqU^W ISLAM) HARBOR conmlns perlecl shellei tor vessels drawing 'under.8 leet ol watei. Approach from the eastward and keep the Uland shoie close on board. KILLARNE1 HARBOR. ' In. entering this harhni irom theeaatward, bring the low northwest extreme of George Island to touch the docks on the north side of the harbor before proceeding westw ard of the lighthouse. A tug ma) be'obtained here for Collin's Inlet. Bernard hock, small, with ten feet "I water over It, lies southwest V south, dlMiiul lour and a -hull miles from KTIlnrney east lighthouse, and northeast two and three-quarter miles trom the south extieme ot ihe large and southern¬ most Burnt Island. The summit of Badgely Uland. over the east end ot Kokanongwi, leads east and over the other extreme west ol It. Whisky Island iWekwemtkoug, or Smith Bay), tm.ohlng tho south extieme of the largest Burntisland, lends north,'as does Klllarnev east lighthouse shut In with George Island. r wkkw*mikon(| bay has good holding ground and shelter trom -southeast and southwest galeSj To avoid the shoals on the cape shoie of the bay ki ep the whole ol Squaw Island open of Cape Smith. PULKEY HOCK, with ten feet of water on It, lies east, distant about one mile from the center of Whisky (William) lslaniU- From the rock the sum¬ mit ot Badgely island is a little inside tho end of the huge Bunu Island above men¬ tioned. To pass soiitheTast of It, therefore, keep this summit open east of the Burnt Islands. The rock marked on the Admiralty chart of Lnke Huron, No. 619, as lying about N. by \V., ihree quartera-of a mile dis¬ tant from tile north point'of -Cape Smith, has no existence In that position. FROM CAPE SMITH TO L1TTLK CURRENT. Keep the west ami highest beaoh on Badgely Island In line with the llrst hill left of Lion's Head (a sharp and conspicuous bare hill on the mainland behind BudgeTy Island) iinlil End's Bush (a remarkable clump oCtrces near thought fall of tho high land tit Little Cm rent) is closed with the summit of Rut (iley wontl) Island, Proceed on this mink to avoid the-dangers Irom the nortl'i side of the Burnt Islands, keeping, at the same time, the south extreme of Koka- nongwj Islands well open ol B-adgely, to pass iiouthwaid oUhe shoals ex'endlug from Cen¬ tal and Round Islands. The south shoie qf Rat Island maybe approached to 200 yards. Strawbeiiy Island Lighthouse Point Is sleep to. Keep a llttlet-outbuaid oPljie Hue joining the lighthouse and Little Current, lo avoid the shoal w liter exteudlug fiom tli'e LaCloihe Islands, and In neafbigtlie village keep the Manltoulln shore on board. WAITS 1IOCK, nearl) awash, His about E. by N , hall a mile lioni the eastern end ot Rat Island Tho summit ot Badgely Island touching the north side of Round Island, leads south of it, Yessels drawing less than 15 feet of water may pass through the artificial'channel in process of excavation at Little Out rent; but sailing vessels, on accountof the sharp turn, require especially favorable circumstances of wind and sot of current. The above bearings are compass, and the distances are In nautical miles of about 3,020 yarci.—Mer-Oceatu DEATH OF CAPTAIN 0. B. DICiCSON. Lust week we mado brief mention of the death of Captain George B. Dickson, which occurred dn. the 3]st of March. Captain Dickson was torn In Pomeroy, County Ty¬ rone, Ii eland, September 29,1831. He came to this country In 1845, and settled down In Buffalo, liiu. Uncle, Captain Patrick Dick¬ son, was then sailing t the ship Milwaukee, and George shipped on her before the mast. Latei he went on the brig Globe, which was also sailed by the uncle. The latter built the piopellcr Illinois, and when he took command o| her In 1840 George went with him as wheelsman. He was booh promoteil to the position of second mate. Afterward he bei nine llrst mate and then master of the Illinois, this being his first command. He' left this vessel to take charge of the propeller