1. Laches in Admiralty — Statutes of Limitation.

Mere delay, for the full period of four years allowed by a state statute of limitations, in bringing a suit in rem to recover damages to cargo, is not of itself, and in the absence of exceptional circumstances from which laches would be imputable, sufficient to justify the court in declining to entertain the suit.

2. Same — State Statutes Creating- Liens.

In a suit which is brought to enforce the lien given by the general maritime law for damage to cargo through the ship’s fault, the limitation of one year contained in the California statute (Code Civ. Proe. § 813), which gives a lien for injuries to goods shipped on board a, vessel, does not apply.

3. Carriers by Sea — Damage to Goods — Presumptions.

Where goods aro returned to the port of shipment greatly damaged by sea water, a presumption arises of negligence on the part of the carrier.

4. Same — Perils of the Sea — Exceftions tn Bill of Lading — Burden of Proof.

A shipowner, against whom a prima facie case of negligence has been made out, does not discharge the burden of bringing himself within the exceptions of perils of the sea by simply showing that the ship was in a seaworthy condition at the commencement of the voyage, a,nd presenting evidence which merely leaves in doubt the question as to how the leak arose which caused the damage.

5. Insurance — Subrogation—Dissolved Partnership.

An insurance company which has paid a loss upon partnership goods is not prevented, by the subsequent death of one of the partners and the resulting dissolution of the firm, from maintaining a suit in admiralty in the partnership name to recover the amount of the loss from the carrier.

6. Carriers — Damage to Goods — Ascertainment of Damage — Auction Salf,s.

Sale by auction in a great mart of commerce is a proper method of determining the value of goods damaged in the hands of a carrier.

7. Admiralty — Jurisdiction in 1?,em.

The requirement that a libel in rem must stale that the property is in the district does not prevent the court from acquiring jurisdiction in the case of a vessel which, being within the district at the time the libel is verified, departs before it is filed, hut, returning after the filing, is then seized on alias monition. 01 Fed. 213, reaffirmed.