1. Admiralty — Limitation or Liability — Jurisdiction.

It is suflicient to give jurisdiction to the district court, in a proceeding for limitation of liability under Rev. St. g§ 4280-4285, that some of several joint owners of the vessel, whose shares were uninsured and so could not be sold at an underwriter’s sale, have transferred their title in what remains of the vessel to the trustee; and, having such jurisdiction, the court lias the equitable power to compel the petitioners to'bring in the money obtained for the insured interests and that for freight and passenger fares, in order to enable it to carry out the provisions of the statute.

2. 8ame — Delay.

The owners of a vessel do not waive their right to institute proceedings for a limitation of their liability for the loss of properly shipped on board her, by waiting to do so until after proceedings have been commenced in a state court to recover damages.

8. Same — Seaworthiness.

Upon an examination of the evidence as to the condition of a vessel, in respect to strength of timbers, repair of old injuries, existence of latent defects, etc., and as to the cause of her being totally lost in attempting to cross the bar at the entrance to Coos Bay, Gal., held, that the vessel was in a condition, when she sailed, to encounter the ordinary perils of her voyage, which was suflicient to make her seaworthy, and her loss was due to the mistake or carelessness of the captain, without the fault, knowledge, or privity of the owners, in attempting to cross the bar on an ebb tide.

4. Same — Pilot's License — Presumption.

When, in a proceeding for the limitation of the liability of 1he owner of a seagoing, coastwise vessel, involving the question of the competency of the captain, it is shown that such captain is a licensed shipmaster, and no evidence whatever is given as to whether or not he is also licensed as a pilot, under Rev. St. § 4401, or whether or not a licensed pilot was on board the vessel, the court will be justified in presuming that the captain was a licensed pilot, and that the law in that respect was complied with.

5. Same — Sufficient Chew.

A statement, in the certificate of inspection of a steam vessel, that her complement shall be a master, two mates, two engineers, and twelve crew, does not necessarily mean that the “twelve crew” shall be sailors only, excluding fireman; and if there is no evidence that the vessel had not sufficient officers and crew at all times to manage the vessel, she is not to be deemed u’nsoaworthy in her crew, because she had fewer than twelve sailors.

6. Same — Deviation- -IIa rter Act.

The steamer- E., on- a voyage from San Francisco, found the steamer B. stranded and in a dangerous position. She pulled the B. off the rocks, and towed her to the nearest harbor, where she pumped out. This harbor, though safe at the time, was exposed to the winds, and liable to become dangerous to a vessel of the size of the B. and in her condition; but two tugs were present in the harbor, which were fully able to assist the B. and tow her to San Francisco. The B., however, after helping the B. to pump out, towed her back to San Francisco. Held, that.the E.’s deviation,' in towing the B. to the harbor where she pumped out, was for the purpose of saving life and property at sea, and justifiable under section 3 of the Harter act (27 Stat. 445), but that the further deviation, in towing her back to San Francisco, after she had been made safe by the presence of the tugs, was unjustifiable.

7.’ Same — Owner’s Knowledge.

Under Rev. St. §§ 4283-4285, and the acts amendatory thereof and supplemental thereto, including the Harter act of February 13, 1893 (27 Stat. 445), one of several joint owners of a vessel, who has knowledge of or is privy to an unjustifiable deviation of such vessel from her voyage, is liable for any loss or damage to property shipped on board, which occurs subsequently, during the same voyage, in the proportion which his share of the vessel, at the time of the affreightment, bears to the whole loss or damage; but such of the joint owners as had no knowledge of or privity to such deviation are entitled to avail themselves of the provisions of the statutes for limitation of their liability to the value of the vessel at the end of the voyage-.

®. Same — Salvage.

The words “freight pending,” in the statutes relating to the limitation of the liability of shipowners, do not include salvage earned during the voyage.