160 



FOREST AND STREAM. 



[^lARCH 12, 1891. 



THE CRUISING CAT YAWL KUMA. 



THE craft here shown is an adaptation of t^e fiill-bodipd hull 

 of ihe Eastern cat boat, such as is found along the coast from 

 Newport to Boston, the after end being carried out into a longer 

 overbang than is usual. Ttie Kuma was dt-signed by the Boston 

 Yacht Agency for Mr. James Notman, of Boston, who u ed her 

 about the Bay of Cbaleur, P. Q., last season with excellent results, 

 as she has proved fast, able and comfortable. She was intended 

 solely for cruising, and though a s nglehander has very good ac- 

 commo'iaiions for four persons in her cabin, while the TJ-^it. cock- 

 pit gives room about the decli. Her dimensions are as follows: 



Length over all 25ft. 7in. 



L.W.L 23ft. 



Beam extreme 10ft, 



L.W.L... 9ft. 5in. 



Least freetioard. 1ft. Sin. 



Sheer, how 1ft. lOin. 



stern 5iii. 



Draft 2ft. 6in. 



with board , 6ft. 



Mainmast, deck to truck .31ft, 9in. 



M zenmast, dtck to truck. 16ft. Sin. 



MainDoom 21ft. 31n. 



Mizenboom 10ft. 



Mainsail 560 sq. f t, 



Mizen 130 sq. It. 



The cat yawl rig has much to rtcommend it in the way of sim- 

 plicity, hacdiness and effectiveness. The sails are battened, as in 

 a canoe, a sprit batten serving to set the poak. It will be seen 

 that the pull of the halliards, only one heing needed to each snil, 

 serves to set up the peak by meaus of the iprit, and causes the 

 whole sail to sit fliit. 



DEMURRAGE ON YACHTS. 



THE following decision, which we copy from the American 

 SliipbuiJder, cannot fail to be of interest to yachtsmen. Tiie 

 decision was rtndere'l Dec. 17, 1890, by Judge Benedict m the ciise 

 of Maihiesen v. tug Jas. A. Gailield, and decides, first, that de- 

 murrage may be recovereo for the dt-ieniion of a yactit, caused by 

 a wrongful act, at the market ra^e of such craft, though the ya- lit 

 was never let to hire, and no substitute was employed during the 

 period of such detention. Second, that the amount of demurrage 

 lobe recovered by such jachtmaybe ascertaintd from the tes- 

 timony of tbose engaged in chartering yachts as to what in their 

 opinion the owner could have obtained for her use during the 

 period of de'e .tino. 



R. D. Heneaict, for the Lagonda; Goodrich, Deady & Goodwich, 

 for the G..rfif'ld. 



In reudering ihe decision. Judge Benedict said: This case comes 

 before the court upon exceptions to the commissioner's report. 

 The action is brougbtio recover damages sustained by thel'bellant 

 by reasons of injuries done to the steam yacht Lagonda in a col- 

 lision between that j aeut and the tug James A. Garfield. An in- 

 terlocutory decree in favor of the libellant was entered and the 

 case referred to a commissioner to ascertain and report the amount 

 of the libellant's damages. The commissiotjer, among other things, 

 rep rted that the yacht had been detained eigutda^ s while unner- 

 going repairs made nece&SHrj by the collision ai d allowed the sum 

 of $48 lor such detemion, heing intfrest. for eight days on $36,000, 

 the cost of the j acht. To this the libellant excepts. It apptared 

 before the commissioner that me Lagonda was a pleasure boat 

 kept for the peisonal use of tae owner, and without anv inceniion 

 to use her for profit. That the yacht was in commission at the 

 time of tbe coliision. Ko evidence was introduced to show that 

 the owner desired or sought a substitute for the yacht during tnat 

 period. Upon the evidence before him the commissioner found 

 that there was no market rate forthe use of yachts of tbe size and 

 character of the Lagonda. and accorclingly he allowed as damages 

 for the detention of the yacht eight days inierest on tne amount 

 she cost the owner. 



It canatt becoabied tha' demurrage is recoverable for thedtten- 

 tion of a jach" caused by & wiongiul act. In the case of the 

 "Walter W. Pharo (1 Low, 437), Judge Lowell gave demurrage for 

 a yacht kept, as this one wat, for pitasure and never for hire. It 

 was tht^re )-aid: "It is no concern of the respondents what use 

 the libellant chose lopu. Ins vessel to. He had ihe right to change 

 his mind at any m jmeai." So here, although it may oe that toe 

 owner ot this yacht at the time she was run into had no intention 

 of chartering her or employing her for profit, still he wasatlinerty 

 to charter her at any moment. Death, sickness, loss of fortune, 

 mere wnim,migaL have imptlled him to put her to some proiitable 

 use. If lb appears, therefore, that the yacht could have been 

 chartered by ner owner during the time of the detention in ques- 

 tion then any turn he could have realized by chartering her may 

 be re overed by him from the wrong doer who had caubcd her 

 detention. 



The evidence taken by the Commissioner was sufficient to show 

 that this yacht could have been chartered for Lire at the time she 

 was run into. For instance, one witness called by the claimant to 

 the question. "What is the market demand for yachts of this 

 class iti tnis port," says: "The demand is greater than the supply, 

 there is no trouble about chartering." The testimony of other wit- 

 nesses waste the same effect. I cannot dou'it upon the evidence 

 that if tne owner of this yacht had concluued to offer her for hire 

 he could have done so, and I judge from the testimony that it 

 would have "een possible to charter her for eight days only. But 

 that tact is not necessary to a recovery. It was open to the owner 

 to charier his yacbtfor the mouth or for the season. It is fcufflci<-nt 

 to entitle him to recover for her detention, if it appears that he 

 could nave realized money from her during the period of her 

 detention. The gmund upon wnich the Commissioner seems to 

 have found his decision is absence of proof ot an establisned rate 

 at which yachts were chartered, and evidence that the rate in 

 every instance depends upon ihp personal inclination of the 

 owner, and so he allowed the lihellants eigut days interest on the 

 cost of tne yacht, and this, although it is manifest that the owner 

 had no intention of realizing interest on his mvefctmi^nt. But 

 proof of a rate es ablished by custom or by repeated similar trans- 

 actions cannot be required m a case of this description. If it 

 appears that the yacht could have been chartered lor hire, the 

 amount losi to her owner by being deprived of ability to charter 

 her may be sho-wn by the testimony ot those engaged in charter- 

 ing yachts as to what in their op.nion the oftner could have ob- 

 tained lor her use tor eignt aays in ca>^e she had been chartered. 

 The tesiimonv of the witness Manning seems to me to justify the 

 conclusion that Ih's yacht could have been chartered by ner owner 

 for a season of three months for the f-um of $6,000. the owner fur- 

 nishing the crew. Uucer such a 'harier the vessel would have 

 earned for her owner in eignt days tht s m of $552, and that sum 

 is in my opinion entitled to recover for her detention. The first 

 exception on the part of the libellant is therefore allowed. All 

 other exceptions are overrult-d. 



A NEW 46FT. RACER. 



THE rumors of a 46-footer to be built at Bay Ridge, whicb have 

 been current for a couple of weeks, received a very substan- 

 tial confirmation last week in the successful casting of a 32 ton 

 lead keel by Mr. Wintringham, The new boat, which is now well 

 under way and will sh'Ttly be in frame, was designed by Mr. 

 Wiutringbam for Mr. J. Rogers Maxwell, owner of Shamrock, and 

 as a matter oi course is intended tor racing. She will be a keel 

 craft, 63ft. over all. 46ft. Lw.l., 13ft. 6in. beam, 10ft. draft, with 

 all her ballast, 23 tons, on the ktel. The lead is loin, near bottom, 

 24in. on lop, and about 30in. dtep, the bottom bsing semicirt ular 

 in section. The yacht is similar to the other new boats of her 

 class in general appearance, with clipper s em and long overbanr. 

 The stem and fore dead wood are of natural rrrobs, as is the after 

 deadwood. The keel is a fine stick of oak, 10x24in. The frames 

 will be of steamed oak, with 10 angle steel frames on each side, 

 steel floor plates oeiog used. The construction will be as light as 

 is practicable. 



Below the yacht will be fitted with a large main cabin, with 6ft, 

 3in. headroom, toilet room and lockers in the steerage, and a 

 roomy after statproom, Tne interior finish will be plain and sim- 

 ple, but as comtortaole as possible; tiie yacht being intended for 

 racing between New York and Marblehead, which Involves more 

 or less cruising and makes the question of accommodation an im- 

 portant one. Her sail area will measure about 3,450ft. by Sea- 

 wanbaka rule, making her racing measurement about o2.3oft. 

 Sue will steer with a tiller. Mr. Maxwell will fit out Shamrock 

 as usual, and enter her in any laces that may be -"iraneed for ber 

 class. The new boat now gives New YorK one representative out 

 of a class of nine boats, and as it brings in another designer to 

 compete with those already represented, Messrs. Buret-ss, Fife 

 and Faine, it will make the class still more interesting. New York 

 owes a good deal to Mr. Maxwell for giving her a representative 

 In tne class of the year, and it is a pity that out of her large num- 

 ber of yachtsmen there are not two or three more of equal spirit. 

 A boat from Mr. A. Gary Smith's designs and another by Mr. 

 Gardner would put. New York somewhere near Boston in the 

 year's racing, and would result in bilnginga fair portion of tbe 

 Bport to New York waters. There Is yet time to build for the 

 class, and we hope, for tbe credit of New York yachting, that the 

 mt^ will net be Igft eRtir^Jy tp ©fl,e ?i:i*a. 



CRUISING CAT Y^AWL "KUMA." Desi&ned by the Eoston Yacht A&mcY 



