1. A claim for towage accrued
against a vessel in May and June,
1865, while she was in the hands
of a person who had contracted
to purchase her. Having failed
to fulfill his contract; she was
returned to the owner, who took
her to Canada within a month or
two after the services were ren-
dered, where she remained until
June 27th, of the following year.
She was there resold to a bona fide
purchaser, without notice, who
brought her within the juris-
diction of the Court, and kept
her during the remainder of the
summer. On October 6th, the
libel was filed and the vessel at-
tached.
Held, That the lien was waived,
and the action could not be main-
tained. The Detroit,
2. A bona fide purchaser under a bill
of sale does not lose the protection
of the law by taking the collateral
guaranty of a third party, indem-
nifying him against liens. ibid.
3. The defense of stale claim must
be set up in the answer, and will
not avail where the owner has
retained a portion of the purchase
money in his hands, and the suit
is defended in the interest of the
vendor. The Melissa,
476
Where the buyer of a vessel who
had given non-negotiable notes
for the purchase money, advanced
$2,000 on account of certain
claims against her, taking up his
notes to this amount, and neglect-
ed to ascertain the nature and
full amount of the claims, which
information was easily accessible,
it was
Held that, in suits for the resi-
due of the claims, he did not
stand in the position of a bona
fide purchaser without notice,
though he had paid for the vessel
in full. The Atalanta,
High Seas,
1807, Feb. 24, Certificate of
Probable Cause,
1815, March 3, Seizures of
Smuggled Goods,
10. The fact that the purchaser 1804, March 26, Arson upon
takes a mortgage upon another
vessel, indemnifying him against
any claims upon the vessel pur-
chased, doos not operate to ex-
tend the time within which
creditors should pursue their 1821, March 2, Importation
claims, or deprive him of his
of Goods,
rights as a bona fide purchaser 1831, March 2, Custom
without notice.
House Fees,
1838, July 7, Steamboat Act,
1842, Aug. 23, Rules in
Admiralty,
11. Nor can mere notice of the ex-
istence of a certain claim affect
his rights, unless such notice be
had at the time of purchase or of
payment.
ibid.
12. Where a claim accrued in Au-
gust, 1873, and the libel was not
filed until September, 1874, and
the vessel in the mean time was
easy of access, and several times
in the port where the supplies
were furnished,
Held, that as against a person
who bought and paid for her in
January, without notice of the
claim, the lien must be deemed
waived.
ibid.
Act, 227, 251, 300, 313, 393, 453
the length of their lines, the or-
der in which they shall be towed,
and prudence requires that the
heavier draft vessels should be
placed behind those of lighter
draft.
ibid.
10. The tug is bound to know the
channel, and to keep the tow in
the deepest water.
itid.
11. If the ordinary lights or land-
marks are obscured, the tug
should provide for the emergency
by slowing or stopping the en-
gine, and sounding the channel.
12. Tugs, though not liable as com-
mon carriers, are bound to the
exercise of ordinary skill and
diligence in taking up, arranging
and managing their tows. The
Stranger,
281
13. It is also the duty of vessels in
tow to use all possible means to
avoid injury, and where injury
ensues, to do all in their power
to make the damages as light as
possible.
ibid.
14. A tug, using ordinary care, is
not liable for the sudden and un-
explained sheering of the tow to
the right or left.
ibid.
15. A lien attaches for towage serv-
ices rendered in the home port.
The General Cass,
334
16. Where a tug, which had agreed
to tow a barge from Saginaw to
Cleveland, was compelled by
stress of weather to turn the
harge over at an intermediate
port to the master of another tug,
by whose negligence she was lost:
Held, that the owner of the
barge could maintain an action
for negligence against the second
tug.
Quare: Whether he could not
also support an action for breach
of contract. The Clematis, 432
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