728 FEDERAL REPORÏES. �Field says : "The steamer was detained at Maranham nearly five weeks, and the moneys advanced by the libellants, it is true, -were not entirely for the repairs to the vessel and the supplies needed for the voyage; they were intended and applied in part to meet the expenses of her towage into port and of pilotage, and' to pay the custom-house dues, consu- lar fees, and charges for medical attendance upon the sailors. These varions items, however, stood in the same rank with necessary repairs and supplies to the vessel, and the libellants, advancing funds for their payment, were equally entitled as a security to a lien upon the vessel. " And, again, speaking of the presumption that the money was advanced upon the credit of the vessel, the court says : "The presumption arises that sach is the fact from the necessities of the vessel, and the position of the parties considered with reference to the motives which generally govern the conduct of individuals. Moneys are not usuaUy loaned to etrangers, residents of distant and foreign countries, without security, and it would be a violent presumption to suppose that any such course was adopted when ample security in the vessel was lying before the parties." �This language is, of course, equally applicable to the par- ties who render services or supply anything necessary to the ship, as to those who furnish money to pay for the same. See, also, Ins. Co. v. Dunham, 11 Wall. 3 ; Thomas v. Osborn, 19 How. 28-30. In accordance with the same view it was held by Judge Benedict, in The Onore, 6 Ben. 564, that the service of a cooper rendered at the request of the master, in coopering casks to fit them for delivery according to the con- tract of affreightment, though rendered partly on the wharf, was a maritime service, which carried with it a lien on the vessel. �In England, the admiralty jurisdietion was, as is well nn- derstood, greatly curtailed through the action of the com- mon-law courts. Yet when, by Stat. 3 and 4 Vict. c. 65, § 6, jurisdietion was conferred upon the admiralty court to enforce daims or demands for "necessarîes supplied" to for- eign ships, it was held that stevedores' services were neces- saries within the meaning of the act, and that stevedores had ����
Page:Federal Reporter, 1st Series, Volume 2.djvu/735
This page needs to be proofread.
![](http://upload.wikimedia.org/wikipedia/commons/thumb/9/92/Federal_Reporter%2C_1st_Series%2C_Volume_2.djvu/page735-1024px-Federal_Reporter%2C_1st_Series%2C_Volume_2.djvu.jpg)