Page:Federal Reporter, 1st Series, Volume 8.djvu/381

 THE MAMIE. 367 �Tunis G. Bergen, for libellant. �Samuel B. Caldwell, for claimant. �Benediot, D. J. The exception to the libel is not well taken. Upon the facts stated in the libel a lien upon the canal-boat was created by virtue of the statute of the state whare the materials Were supplied. It was not necessary to aver that a specification of the claim bas been filed. The filing of a specification is only necessary in case the vessel leaves the port, and by this libel it does not appear that the vessel ever left the port. �The libellant ia entitled to a decree, upon the exceptions, for the amount claimed, with leave to the claimant to answer on payment of costs. ���The Mamie. �(Oireuit OovH, E. D. Michigan. August 13, 1881.) �1. LmrrED LiABiLirr Act— Stbam Pleasure Yacht. �A steam pleasure yacht, running in and out of the port of Detroit, is to be treated as a barge, withln the exception in section 4289, Rey. St., and her owners are not entitled to the benefit of the provisions for limitation of liability. �In Admiralty. Appeal by owners from a decree of the district <50urt dismissing their petition for limitation of liability. �The contents of the petition and plea, with the testimony and opin- ion of District Judge Brown, are given in the report of the case in the district court, 5 Fed. Rep. 813. �H. H. Sivan and F. H. Canfield, for appellants. �Alfred Russell, for appellees. �Baxter, G. J. The decision of Judge Brown is coiTect. The Ma- mie, the vessel mentioned in the pleadings, not only cornes within the spirit of the statute, (section 4289 of the Revised Statutes,) ex- cepting canal-boats, barges, and lighters from the preceding sections, limiting the liability of owners of vessels, but is a "barge" within the meaning of the statute. �There are other questions in the case worthy of consideration, but as a determination of them is not necessary to a decision of the case, and as my judgment would not settle them, but only add to the con- flict of authorities already existing, I shall forbear to express any opinion touching the questions made. �The libel will be dismissed, and a decree to that efifeot will be entered during my next visit to Detroit in September. ��� �