Page:Federal Reporter, 1st Series, Volume 3.djvu/814

 HATOH ». STEAM-BOAT BOSTON. fiO^t �A question is raised in the answer of the respondents wîth regard to the validity of the charter-party. It purports to have been signed by certain ship-brokers in Philadelphia* who profess to act under cable authority from other ship-brokers in Bngland, who are described as the agents of the owners. �It is shown by the testimony that the owners ratified the act of their ship-brokers by at once instructing the master of the steamer to proceed to Baltimore to load under the charter, and I think it sufiSciently appears that the owners adopted the charter made in their behalf, and were bound by it and could bave been held to its performance. �Upon consideration of ail the testimony I am of opinion that the non-arrival of the steamer within the time speciûed was due to accident to her machinery within the meaning of the exception in the charter-party, and I will sign a deoree against the respondents for the damages resulting to the libel* lants from their refusiug to load the steamer. ���Hatoh V. The Steam-Boat Bostom. [District Court, W. D. Pennsylvania. September 17, 1880.) �X, OVBKCBOWBtNG StBAMBR— PENALTY— Fb08ECOTOR—RE7. 8t. H 4465, �4469.— Section 4465 of the Revised Statutes enacts that " it shall not he lawful to take on board of any steamer a greater number of passen- gers tlmn is stated in the certiflcate of inspection, and for every violation of this provision the master or owner shall be liable, to any person suing for the same, to forfeit h e amount of passage money and $10 for each passenger beyond the number allowed." Section 4469 of the Kevised Statutes further enacts that the penalty imposed by section 4465 " shall be a lien upon the veasel in each case." Hdd, that a suit in admiralty to enforce the lien given by section 4469 need not be prosecuted in the name of the United States. �2. Same — Same — Action of Debt — Lien. — Eeld, further, that the bring- �ing of an action of debt against the master and owners of the boat, and prosecuting the same tb judgment, did not release the statutory lien. �3. Same— Samk — Lien — Bona Fidb P0rchasbb. — Held, further, that such �lien was not divested by a sale to a bonafide purchaser. ����