Page:Federal Reporter, 1st Series, Volume 3.djvu/354

tJHITED STATES V. THE THOMAS W. HAVEH. 34:7 �of her cargo was completed in the forenoon of the 31st. Four Tessels had precedence Ht the Bacon. There is nothing to indioate that this number of vessels consigned to the respond- «nt, in port at the same time, •was extraordinary, especially 80 near the period of closing navigation, nor that the delay in unloading the Bacon was at ail unreasonable. On the contrary, ail practicable dispatch seem3 to have been afforded her, and the respondent was not, therefore, in default. �And now, August 20, 1880, this cause having been heard upon the pleadings and proofs, and having been argued by the proctors of the parties, respectively, it is here adjudged and decreed that the decree of the district court be reversed ; that the libel be dismissed, and the libellants and their stip- nlators pay the respondent its costs in the district court, as well as in this court, to be taxed by the clerk. ���United States v. The Thomas W. Havbn. [Circuit Court, D. Massachusetts. July 17, 1880.) �1. CoNTRACT iK Wkiting— Mabter aud Sbambn— Bbt. St. Titlb 53.— �There is nothing in title 53 of the Revised Statutes whioh requires a contract to be made in writing or in print, between the master of a vessel and the seamen, before the latter are received on board. �2. CoAsTiSG Votaobs— Rkv. St. f 4515.— Section 4515 of the Revised �Btatutes, providing penal ties for receiving on hoard of any merchant vessel any seaman who has been engaged or supplied contrary to tho provisions of title 53, has no application to coasting voyages. �LowELii, C. J. This libel of information by the district attorney, in behalf of the United States, alleges that the schooner Thomas W. Haven is a vessel of 50 tons burden,and npwards, and was on the nineteenth day of November, 1879, bound on a voyage from Boston, in Massachusetts, to South Amboy, in New Jersey, and was and is owned by a citizen or citizens of the United States ; that her master, Elisha S. Eachett, has subjected the schooner to the penalties provided ����