In the Matter of Edward Bigelow, and others, Involuntary Bankrupts.

in such books, and signed by the shareholder, or his attorney, duly and specially authorized thereunto in writing. SEC. 2. No shares shall be transferred on which any call for an installment of capital, or any interest on such installment, shall remain unpaid. SEC. 3. Every transfer shall be made and taken, expressly subject to all the conditions and stipulations contained in these articles. Every person becoming a shareholder by such transfer, shall, in proportion to his shares, succeed to all the rights and liabilities of prior shareholders. SEC. 4. The board of directors may close the transfer books at any time, for a period not exceeding ten days, as the convenience of the association may require." As the bank claimed this lien upon the stock, the bank and the assignee agreed upon a statement of facts raising an issue of law, which the register adjourned into court, giving it as his opinion that the lien of the bank was terminated by non-action on the part of the bank to enforce it, and by the appointment of an assignee in bankruptcy.

BLATCHFORD, J. I think the bank has a lien upon the stock so held by Kellogg and Bigelow, and has the right to apply the same toward the payment of the indebtedness to the bank which was due on the 16th of November, 1867, as well the individual indebtedness as the copartnership indebtedness.

The Steamer Ariadne.

JUNE, 1868.

THE STEAMER ARIADNE.

COLLISION OFF BARNEGAT.-STEAMER AND BRIG.-LIGHTS.-Speed.— BURDEN OF PROOF.

Where a brig, sailing westward, at night, and keeping her course, was struck on her starboard quarter by a steamer running south by west quarter west, at the rate of about seven or eight knots an hour, the steamer having kept a good lookout, and having, as soon as the brig was seen, no light being visible, stopped and backed her engine, and having, as soon as the course of the brig was seen, put her helm hard a starbard:

Held, That, on the evidence, the brig did not have burning such a green light as could be seen at the distance of two miles, and that this fault contributed to the collision;

That the burden was on the libellants, the owners of the brig, to establish that the steamer was in fault;

That it was not shown that the steamer could have seen the brig sooner;

That the speed of the steamer was not too great, as she had the right to rely on the exhibition of a light by an approaching vessel;

That the steamer was not in fault, and the libel must be dismissed.*

THIS was a libel for a collision, which took place about 11 o'clock P. M., on the 13th of December, 1865, between the brig William Edwards and the steamer Ariadne. The brig was bound from Havre to New York. The steamer was a propeller, bound from New York to Appalachicola. The brig had taken a pilot, and was about twelve miles from Barnegat, and about eight miles off shore. The libel averred that the brig saw the steamer approaching, at a distance of three miles off; that the brig was at the time close-hauled to the wind, and had all her lights displayed; that she kept steadily on her course, but the steamer continued to approach her and struck her starboard quarter, causing her to sink and be totally lost. The damage claimed was over $60,000.

This decision was affirmed by the Circuit Court, in May, 1870.

The Steamer Ariadne.

The answer set up that the night was cloudy and dark; that the wind was from north to north-northeast, a strong whole-sail breeze; that the steamer had her lights properly set and burning, and a competent lookout properly stationed and vigilant; that the steamer had no sails set, and was going from seven to eight knots an hour, heading south by west quarter west, Barnegat light bearing about southwest half south; that the brig was discovered near to the steamer, a little on her port bow, no lights being visible on the brig, and heading towards the shore across the steamer's bows; that the steamer's bells were immediately rung to stop and back, and her wheel was put hard to starboard so as to make her go under the stern of the brig, but, although her engine was immediately stopped and reversed, and her helm was put hard to starboard as quickly as possible, yet, by reason of the proximity of the vessels, it was impossible to clear the brig; that the green light on the starboard side of the brig had gone out, or burned so low and dimly, or had so smoked the glass of the lantern, that it was not visible; and that the brig could not have been seen sooner than she was.

For libellants, J. E. Parsons and T. Scudder.

For claimants, E. H. Owen, and C. Donohue.

BLATCHFORD, J. I think the weight of the evidence is, that the brig did not have burning, at the time of the collision, such a green starboard light as the statute requires—a light capable of being seen on a dark night, with a clear atmosphere, at a distance of at least two miles. The night was dark, but not foggy, though cloudy, and the evidence is that the light of a vessel could have been seen that night two miles. No green light on the brig could be seen from the steamer, and the evidence from on board the brig, that her green light was

The Steamer Ariadne.

burning at the time so as to be visible, beyond a very short distance, is very unsatisfactory. There had been trouble with both of the side lights of the brig that night, and they had required to be taken down and retrimmed. If the green light had been properly burning, it would have been seen from the steamer, at a sufficient distance to have left the brig wholly blameless, and the steamer wholly in fault, for the collision. This fault on the part of the brig undoubtedly led to the collision.

In any view, the burden is on the libellants to show that the steamer was in fault. But, as the brig did not have a green light properly burning, it is especially incumbent on them to show, that, notwithstanding such condition of their own light, the collision arose from the fault of the steamer. The libellants fail to show this. They do not show that the steamer could, with proper vigilance, have seen the brig in season to avoid her. The speed of the steamer was not too great, in view of the character of the night, there being no fog, and she having a right to rely on the exhibition of a light by an approaching vessel, for the reason that a proper light, if exhibited, could be seen at a distance sufficiently great to avoid a collision. The steamer had a lookout properly stationed, competent and attentive, and it is not made out that the brig could have been seen sooner than she She loomed up out of the darkness, but, because her green light could not be seen, her course could not be discerned, and the evidence is, that the steamer was promptly slowed and stopped and backed, and, that when the master of the steamer, by the aid of his night-glass, made out the course of the brig, the helm of the steamer was put to starboard, which turned her head to the eastward, and was a proper manoeuvre, as the brig was headed to the westward.

was.

The libel must be dismissed, with costs.

The Steamboat America and The Steamboat New Haven.

JUNE, 1868.

THE STEAMBOAT AMERICA AND THE STEAMBOAT NEW HAVEN.

COLLISION IN HUDSON RIVER.-TOWBOAT.-KEEPING TO THE RIGHT.

Where a steamboat was coming down the Hudson river, having boats in tow on each side, and having lights properly set, and kept close to the west bank of the channel, and, seeing the lights of an approaching tow, slowed and stopped, and the tug-boat coming up was also on the west side of the channel, and, seeing the other's lights, hauled out to the eastward, and then straightened up the river, and a collision occurred between one of the boats which she was towing astern, and the boat on the port side of the steamboat coming down: Held, That there was no fault on the part of the boat that was injured; That the steamboat going up was in fault in not keeping to the east side of the channel, and that she either did not sheer far enough to the eastward, or straightened up the river too soon;

That the steamboat coming down was not shown to be in fault.

THIS was a libel for a collision which occurred about six o'clock P.M., on the 25th of October, 1865, after dark, on the Hudson river, about seven miles below Albany, between the lake boat or barge Contest and a boat in tow of the steamboat America, whereby the Contest was badly damaged. The amount of damages claimed was $10,000. The Contest was one of seventeen boats, all of which were in tow astern of the steamboat New Haven, fastened in tiers by hawsers, there being five tiers, the boats in each tier being abreast of each other, and the Contest being the extreme port boat in the third or the fourth tier of boats, there being four boats in that tier. The New Haven was bound, with her tows, from New York to West Troy. The America was on her way down the river from Albany, with two boats lashed side by side to her starboard side, and two to her port side, and some others astern, all in tow. The port bow of the extreme