This was an action instituted by Messrs, Eamham & Ca. to recover the sum of Tis.
for repairs to the Costa Rica ship wore and Mysunou appeared for petition was as follow citizen of the United States suf at Shanghai aforesaid.
2.—That the said ship, which flies the Costa Rica flag, and is of 852 tons measurement, or thereabouts, is uow anchored in the Harbour aforesaid, and is within the jurisdiction of this Court, there not being any Consular or other representative of Costa Rica at Shanghai 3.—That the id ship strived at Shanghai 29ch day of July last, in great need of repo 4.—That by the orders and directions of her ssid Master and of her Agents, Messrs, Bachbeister, Schmidt & Ca,, of Shanghai, me chants, the said chip was during the months of September and October, 1878, thoroughly repaired by the Petitioners' said firm at Shanghai, '5.—That the time occupied in effecting the
period of 74 days, to wit, from the 16th day necomanry, sepaire to the said ship wae a of August last to the 28th day of October last, Voth inclusive, and the repairs required could not have been completed in less time, 6.—That the Schedule hereunto annexed true copy of the bill of the Potitioners' sai firm, and all the charges therein contained for dockage, labour, and materials supplied, &e,, are usual, just, fair and reasonable; and the' whole of the' repairs were absolutely necessary to restore the said ship to a sea whitby condition, Ihe sai bill has been approved of as correct by the said Master of the said ship and by her said Agents, and shews the sum due for such repairs amount to 373.31, which the sail Petitioner now claim t the wald chip, her tackle, apparel and furniture.—That the Petitioner has frequently applied to the said Master and Agents for payment of the said claim against the said ship, but it still remains wholly nopald and unsatisfied, and the aid and pre this Court are necessary to enable the Petitioner to obtain payment thereof.
ment may be given against the said ship Your petitioner therefore praya that judge accordingly for the said sum of Tis, 22,373.31, with interest and cos and that for such purpose the said ship be forthwith arrested and sold and the proceeds of sale be applied by this Court in satisfaction of such judgment, On the presentation of this plaint, Novemb 9th, the vessel was placed under arrest by order of the Court, and the Captain and agents were summoned to attend on the 14th of the same mouth. Captain Gunzel appeared in person, and Messrs, Buchheister, Schmidt and Ca. through Mr. C. Schmidt; who each testified that the repairs made by the petitioner were all needed, that they had been satisfactorily done, and ata reasonable charge. Captain Barton wauve surveyor, testified that after a careful survey, he had given the Martha a certificate, class "Al, for seven years. Mr. Blethen aleo swore respecting the correctness of the bill and accompany ing petition.
It appeared on inquiry by the Court that the afurtha was Awerican built, and boi name of Rattler. During the rebellion was eaid and passed from one flag to another until her last purchaser, Mr. Scheel, a German resident of Lims, placed her under Costa Rican colors, and sent ber to British Columbia to take a cargo of timber thence to Shanghai, At Port Townsend she shipped a crew under American Articles, On her arrival at this port, repairs were considered necessary, the cost of which brought her to financial gre!
'Mr. Mysvrox cited the following cases in support of the plaintiffs' claim (1) By the civil law and the Jaw of nations, material anon (ie, wen who supply necessaries to the ship) have a lien not only on proceeds
Text read from the printed page and cleaned; old type leaves the occasional error.