Page:Federal Reporter, 1st Series, Volume 9.djvu/174

GOULD V, BTAFLES. 159 �GouLB V. Staples. �{Circuit Court, D. Maine. September 5, 1881.) �X, .AjornsALTr— CoNsuLAE Agents— CoNstris. �TJnder the provisions of the sta'.utes and established , regulations, a consular agent is the representative of the consul to whom he is subordinate. 2. Samb— Rbv. St. i 4309. �; An arrivai at a foreign port from another foreign port is within the purview , of section 4309 of the Revised Btatutes. S. Bamb— Consular RBauLATioNs of May 1, 1881. �Semble that Hieres is not within such reasonable distance of the port of Toulon, and the communication between the two points so free from difflcultyj asto require a master,. mider the provisions of paragraph 179 of the consular regulations of M^y 1, 1881, on arriving there, to deposit his ship's papers at the Toulon consulate. �W. F. Luntf Dist Atty., for plamtiff. �H. D. Hadlock, for defendant. �jFox, D. J. This action is brought by the consul of the United States at the city of : Marseilles, France, to recover from the defend- ant, master of the ship Charter Oak,-the penalty of $500 prescribed by the Revised Statutes, § 4310, for not depositing his ship's papers yrith the consular agent of the United States at Toulon, in December, 1879; the ship having arrived at Hieres, which -was "within the con- sular jurisdiction of the consul of the United States residing' at Mar- seilles, the said consul having a consular agent at Toulon." Hieres is.abuut 20 miles from Toulon; about four miles from the shore, near the head of a bay. There is no harbor at this place, but pnly an open roadstead with a sandy bottom. There is no representative of the United States at Hieres, the nearest being at Toulon, at which place there is a consular agent who is subordinate to the consul at Marseilles. �The Charter Oak, in September, 1879, sailed from New York to Genoa with a cargo of oil. On the second of December she sailed from Genoa for Hieres, for a homeward cargo of sait, arriving there the next day, but on aecount of bad weather she did not reach the loading ground till the 5th, when she made fast to, the mooring chains. On the twelfth and seventeenth of December the consular agent at Toulon notified the defendant by letter that he must corne to that city, and deposit with him at the consulate the ship's papers. These demands were never complied with. �Section 4309 of the Revised Statutes requires of every master of a ship, belonging to citizens of the United States, who. shall sail from a port in ±he United States — ��� �