Page:Federal Reporter, 1st Series, Volume 10.djvu/157

' WATTS V. CAMOES. 14:5 �This manner of arriving at a solution of the question before the court rendors it unnecessary to comment upon the cases which have been cited, further than to say that in all the cases decided by courts of the United States where salvage bas been allowed, the property saved was either the ship, her cargo and freight, or derelict property, or property abandoned upon the navigable waters, and in all the cases where it bas been disallowed the property saved was neither. I except the case of Four Cribs of Spars/Taney, 533, where the usages of the lumber business seem to have controlled the court. �See The Hendrick Hudson, 3 Ben. 419; Salvor Wrecking Go. v.. Sectional Dry-dock Go. 3 Cent. Law J. 640 ; Thackeray v. The Farmer, Gilpin, 524; The Belfast, 7 Wall. 637; 1 Conkling, Adm. 8; 50,000 Feet of Lumber, 2 Low. 64; A Baft of Spars, 1 Abb. Adm. 485; 2S Baies of Cotton, 9 Ben. 48. �The pleato the jurisdiction is maintained, and thelibei dismissed. ���Watts v. 3.B. Camors & Co.* {Circuit Court, E. D. Louisiana. June, 1881.) �1. Chaetkb-Partt— Representations m. �The representation of the registered measurement of a vessel tn a oharter- party is to be taken as merely descriptive, when the evidence shows that it was known to neither of the parties at the time the contract was entered into, and neither party was entrapped or mislead thereby, and when the contract, taken as a whole, shows that the real consideration actuating the charterers was the actual carrying capacity of the vessel. �2. Same — Construction of. �The court will not, at the instance of a party, construe a contract so that it would be necessarily void at the option of said party, if it does uot appear that both parties intended it should be so construed. 8. Same— MEAstmE of Damages for the Violation of. �The amount of damages to be awarded for the violation of a charter-party must be estimated by the rulesof the commercial and admiralty law, and be the actual damages suffered, and not the amount of the stipulated penalty, although that might be the measure of damages under the law of the place where the charter-party was made. �In Admiralty. �J. R. Beckwith, for libellant. �Henry G. Miller and J. Ward Gurley, Jr., for defendants. �•Reported by Joseph P. Hornor, Esq., of the New Orleans bar. �v.lO,no.l— 10 ��� �