Page:Federal Reporter, 1st Series, Volume 7.djvu/691

 THB BBIG WEXFORD. 679 �not take judieial cognizance of foreign laws; but it bas been assamed on both sides that the Englisb law is wbat it is shown to be by the decisions of the English courts, and I, therefore, shall hold fonnal proof to be waived. It is con- ceded that, independently of recent statutes, the English courts, including the court of admiralty, denied the authority of the master of an English ship to bind the vessel even in a foreign port for materials and repairs otherwise than by bot- tomry. The Woodland, 7 Ben. 110, and cases cited; S. C. 14 Blatchf. 499, and cases cited. It is, hoWever, unnecessary to pasB on this objection to this alleged lien, since the circum- stances Show that if the lien ever attached it has been waived and lost by the subsequent acts of the party. The copper was furnished in April, 1877, for the coppering of the vessel then in this port. She -was allowed to leave the port with- out any effort on the part of Crocker Brothers & Co. to secure payment of the bill. On their books the copper was charged to the vessel upon their knowledge that she was a Nova Scotia vessel, but with no knowledge and no inquiry as to where her owners resided, and the bill was sent to a firm doing the business of such vessels here, who it was supposed at the time were acting as agents for this vessel. After the bill had remained unpaid, their managing agent learned that one De Wolf, whom he knew as residing in Brooklyn and doing business in this city, was the owner of the vessel, and he called upon De Wolf for payment. De Wolf admitted his liability, thereby ratifying the assumed agency of the master, certainly so far as he was personally ooncemed, but declared his inability to pay at that time. After several demands the libellant took De Wolf's notes at six months, which were dishonored at maturity. De Wolf paid, however, $250 on account, and after the dishonor of the notes the libellants took a second mortgage on the vessel, payable in one year, for the amount due, which mortgage they had recorded at her port of registry in Nova Scotia. After April, 1877, the ves- sel returned to the port in September, 1877, and again in January, June, and October, 1878, and in June, 1879; jet ��� �