Page:Federal Reporter, 1st Series, Volume 10.djvu/503

THE DE SMET. 491 �for the suit is the means by which the ship is converted into nioney, and all pevsons who intervene to claim the proceeds are not equitably entitled to any more than the balance that remains after paying the expanses of the 8uit.(B) Parties who file intervening petitions are not entitled to have their costs paid out of the fund, when the liens which outrank them are sufflcient to absorb it. The ruie, therefore, is that the costs of the libellant are paid flrst, then the liens which are entitled to priority, then the costs of the intervening petitioner, who stands next in rank, then the liens which are next in rank, and so on ; the intervening petitioner who holds the lowest rank not being entitled to his costs until all the liens and coSts incident thereto which outrank him have been f ully paid.(w) If in any case the whole proceeds of the sale are not suffl- cient to pay the costs of the libellant, then they must be divided among all the offlcers jjro rata, for all the expanses of justice naturally stand in the same rank.(,'B) �Salvage. Salvage is entitled to priority over all antecedent liens on the ship, for it is a service by which all prior rights are saved. Hence, it outranks the lien of seamen for wages earned before the rendition of the salvage serv- ice, (j/) But if the seamen, instead of abandoning the ship, stay by it, and aid in saving whatever is saved, then they are entitled to priority over the salvors; for the salvage service rendered by them gives efucacy to their claim for wages, and nails their lien to the last plank.(z) If seamen render services after a salvage service, their lien for such subsequent wages has priority over the lien for salvage. (a) If a party furnishes materials to,(6) or takes a bot- tomry bond on,(e) the ship after the rendition of salvage service, lie is for the same reason entitled to priority over the salvage. �Seamen's Wages. Seamen are commonly called the wards of the admiralty, and their claims for wages are carefully and zealously proteeted on accountof their poverty andthehardships they endure. Their lieu for their wages for the current voyage is entitled to priority over all antecedent liens, and all liens ineurred during the voyage, except salvage, because their labor preserves the common pledge for the benefit of all. Inasmuch as they bring the ship to its final destination, their lien is the last to attach, and therefore for that reasoii the first to be paid. It takes priority over the antecedent liens of material- men,{d) freighters,{e) holders of bottomrybonds,{/) holdersof claims fortow- �(t) The Paragon, 1 Ware, 322 j The John T. (i) Dalstrom T. The E. M. Davidson, 1 Vea. �Moore, 3 Woods, 61 ; The Kate Hinchmnn, 6 Bies. Rep. 269. �367; The Rodney, Bl. & H. 226; The Fanny, 2 (a) The Selina, 2Note8 of Cases, 18. . �Low. 608; Goble t. The Delos De Wolf, 3 Ped. (t) ColUns v. The Fort Wayne, 1 Bond, 476. �Rep. 236; The City of Tawas, 3 Fed. Rep. 170; (0 The Selina, 2 Notes of Cases, 18. �The Panthea, 26 L. T. (N. S.) 389; S. 0. 1 Asp. M (d) The Superlor, Newb. 176 ; The America, Id �L. Cas. 133. 196; The Kodney, 1 Bl. & H. 226; Goble t. The �(w) The Rodney, BI.&; H. 221; The Kate Hinch. Delos De Woll, 3 Fed. Rep. 236: Logan T. The �man, 6 Biss. 367; Goble y. The Delos De Wolf, 3 .«lolian, 1 Bond, 267; Colllns v. The Fort Wayne, �Fed. Rep 236. Id. 476 ; Hatton v. The Melita, 3 Hughes, 494. �(x) The Phebe, 1 Ware, 354. («) The P;irngon, 1 Ware. 322 j Hatton v. The �(y) The Selina, 2 Notes of Cases, 18; The Pan- Melita, 3 Hughes, 494 ; The Leonidas, Ole. 12. �tiiea, 1 Asp. M. L. Cas, 133 ; S. C. 26 L. T. (N. S.) (/) The Virgin, 8 Pet. 538; The Hilarity, 1 fil. �3S9; The Gnstav, Lnsh. 606; The Sabina. 7 Jur. fc H. 90; The Madonna D'Idra, 1 Bod. 37; The �182; The Athenlan,3 Fed. Rep. 248; Collins T. Favor te, 2C. Rob. 232; Fnrniss v. The Magoun, �The Fort Wayne, 1 Bond, 476. Ole. ra ; The Kammerlievie Rosenkrantz, 1 Hagg. �62; The William F. Safford, Lush. 69. ��� �