Page:Federal Reporter, 1st Series, Volume 3.djvu/590

OUIBEBT V. BEraiSH SHIP QEOSQE BELL. S83 �is a regular building and market price for them in France, it is that price which is the damage the owners have sustained in losing the Briha. The report of the master is therefore sustained as to the value of the Briha, with the allowance of interest from the date of collision. �The next item of the report, which is excepted to, is the allowance by the master of one-fourth of the cost of the outfit for the Briha of those things required for the busi- ness of fishing and the provisioning of her crew which are consumed every season. The Briha, to the date of the col- lision, had been engaged three-fourths of the season for which she was equiped, and therefore, as nearly as can be estimated, had consumed three-fourths of her supply, leaving on board one-fourth, which was lost by the collision. I can find no error in the method by which the master has arrived at the amount allowed by him, nor any defect in the proof in support of the items, except with regard to the sait. He has made a separate allowance of 825 francs for the estimated amount of sait remaining on board, but I am inclined to think that the cost of ail the sait is included in account Exhibit D, which was filed by Maturin Auguste Guibert as a com- plete statement of the cost of the entire outfit of the vessel. I think this account includes the cost of ail the sait. Gui- bert rested upon that account as a fuU statement of ail his expenditures for outfits, and it was only when, under cross- examination with regard to it, that, in support of the testi- mony given in chief, he details the exact amount and cost of the sait. This was a very considerable item of the outfits, and one which he would not probably have omitted in making up his account, The item of 825 francs is, therefore, not allowed. The other small items in this account, for cus- tom-house charges, etc., which are objected to, I think the master has properly treated as part of the cost of sending out the vessel for the whole season's fishing, and one-fourth of them is properly allowed under the head of "outfits." �The third item of the report, which is excepted to, is the price -fixed by the master as the value of the cargo of fish, or, as it is called, the "catch," which were on board, and were ����