Page:Federal Reporter, 1st Series, Volume 1.djvu/141

 JOSLYN V. NICKEKSON. 133 �they would otherwise have. Fraud is not to be presumed without pretty strong proof, where the debtor, so far as his acts go, is doing only what the law fuUy sanctions. �I am satisfied, from'all the evidence, that the controUing motive of the defendant in making the sale was to prefer his brother, his wife, and Northrup & Co., as creditors, and that the sale was made in good faith for that purpose. �Attachment dissolved. ���THE STEAMSHIP UNITED STATES. �JOSLYN V. NiCKEKSON. {Circuit Court, D. MassacIiuseAts. Fetiruary 9, 1S80.) �Pilotage — Cbrtipicatb of Licexse. — Cortiflcate of master of steamor construed, and AeM that intent to autliorize him to act as pilot, under Rev. St. 5 4443, was sufticiently espressed. �Same — Ltcense by Inspeotors of THE United States.— luspeetors of the United States have authority to issue a license to the mastei- of a steamsbip to act as pilot between Boston and Havana. �Same — Local Pilot. — A steamship with a master so licensed is exempt, under Statutes of Massachusetts of 1862, e. 76, schedule, clause 15, from the payment of compulsory pilotage. �In admiralty. �LowELL, J. This is a libel for pilotage, heard on appeal from a decree of the district court dismissing the suit. The facts were agreed in writing, substantially as follows : On the 2d of May, 1879, the libellant was a pilot, duly commis- sioned and qualified under the laws of Massachusetts, for the harbor of Boston, and he seasonably oiïered to take charge of the steamship "United States," which was approaching the harbor on a voyage from Havana, and was the first pilot to tender his services, which were declined. The "United States" is a steam vessel of 1,180 tons, ownedin Boston, and subject to the navigation laws of the United States, and was sailing under a register. The master, mate and engineer had been duly licensed by the board of inspeotors, and the master ��� �