Page:Federal Reporter, 1st Series, Volume 1.djvu/905

 BtJNaE V, STEAMSHIP UTOPIA. 897 �that there be enter ed in the ofScial log "every collisioû with any other ship, affld the circumstanees under whieh the same occurred." By section 283 : "The entries in the officiai log arô required to be signed by the master and mate, or some other of the crew." By section 285 : "AU entries made in any offi- ciai log-book, as hereinafter direoted, shall be received in evidence in any proceeding in any court of justice, subjeot to ail just exceptions." * �In pursuance of the duty required of them by this statute ♦be master and mate of the TJtopia signed an officiai log, con- '«ining the folio wing stateruent of this collision: "Weather thick, with rain, clearing at intervais; steamer proceeding with careful attention to the state of the weather; suddenly a ship was aighted nearly ahead, when we slowed eugines and gtopped; ship and steamer ported, but instantly the ship kept away, compelling the steamer to starboard ; the ship at this time was dangerously close to the steamer, and a collis- ion being inevitable the enginea were reversed, fuU speed astem, when she suddenly ported and ran across the bows of the steamer and feU against the stem, crushing her broadside in with the force of her own impetus, and resulting in the total wreck of the bark Helios, of Pillan, Captain George Zeismer, from New York, bound to Eotterdam, laden with 2,886 barrela of petroleum, with a crew of 12 men, who were ail saved by the steamer's life-boats." �The exact time when this statement was drawn up, or when it was signed, is not shown, but the act requires the entry to be done as soon as possible after the oecurrence to which it relates, and in ail cases not later than 24 hours after the arrivai of the vessel in her final port of discharge. The tes- timony of the master is that in this case it was done before he reached London on his return voyage. �The libela were filed and the vessel bonded while she waa in New York, and before her return to London, so that this statement of the collision was made by the master and mate of the steamship after they h ad an opportunity to know the allegations of the libel as to the circumstanees of the collision. �T.l,no.lO— 57 ��� �