John Lowell

“the brig, under these circumstances, went forward at her peril, and must bear all the loss, which, fortunately, is not large. Demurrage is the principal item of the damages, and it is shown that three days were necessary for making the repairs. The rule is to give demurrage if the vessel has lost employment; and it seems a fair matter of inference that a coasting vessel of this character would obtain freights during the busy season of the year. AVe have no fixed measure of so much a ton for each day’s delay, and I must rely on the evidence in • every case, which in this points to forty dollars a day for this schooner. Damage pronounced for.”

“Libel dismissed.”

“Warrant to deliver granted.”

“The witness cannot refuse to answer questions concerning his dealings, etc., with the bankrupt, on the ground that his answer may furnish evidence against him in a civil case, brought or to be brought on behalf • of the assignee.”

“Upon the evidence I think it was the agreement of the parties from and after June, 1870, and not before, the separate income should remain her property, but I do not find those circumstances which would authorize me to add interest upon these items. The debt is admitted to proof for $20,300.”

“Petition denied.”

“Decree of adjudication.”

“Discharge granted.”

“Petition dismissed.”

“Considering that this is the first case of the kind, I shall allow the libellants the twenty-five dollars, without costs; though, in the next case of the kind, salvage will probably be refused. Decree accordingly.”

“Discharge refused.”

“Leave to withdraw proof granted.”

“Petition denied.”