Moynihan

This action is to recover a balance due from defendant Matteo Drobaz on a contract to construct a boiler for the fishing steamer “Golden Gate,” and to enforce a lien on said steamer to satisfy said demand, under the provisions of the Oode of Civil Procedure in reference to actions against steamers, vessels, and boats.

On the trial the court admitted as evidence, over the objection of the plaintiffs, a copy of the register of the vessel “Golden Gate,” for the purpose of showing that the plaintiffs were part owners in the said vessel. The entry in the custom-house books of the registry or transfer of a vessel is not even prima facie evidence as against one not claiming to be an owner, unless such entry be shown to have been made by authority of the person named in it. In Fraser v. Hopkins, 2 Taunt. 5, Lord Mansfield said, in reference to the contention that the entry was evidence against such person: “To suppose the effect of the act to be such as is contended for would he to impute madness to the legislature.” And Hunter, J., said: “Any bystander may put down a name in the register. You must connect the defendant with it.” And Lawrence, J., adds: “Unless you show all this taken…