Page:Federal Reporter, 1st Series, Volume 7.djvu/518

506 FEDERAL REPORTER. �eompaay. in"tliis'case it would be a deniai of justice to re- mit the seamen to their remedy in personam against the owner in Sweden, There is no evidence that he is insolvent, but there is also ilo satisfactory evidence of his peeuniary respon- sibility. It is ndt shown that their remedy against him is certain or expeditious, and no equity exists on the part of any other party to induce the court to withbold its aid for their relief. Moreover, the law of their country, under which they shipped, seems to make their lien superior to that for the collision, even if the Adolph was at fault ; and both parties being fofeigners, and the law of Sweden in this re- spect being in acoordance with what has been held in this court in the case of The Orient, ut supra, to be the maritime law, I see no reason why it should not be applied in their favor. While some of the foregoing considerations have not the same force in the case of the master that they have in the case of the rest of the crew* yet even as to the master it must be held, consistently with the decision in the collision suit, that this interverior has no equitable claim which should be allowed to defeat or delay the payment of the master's wages out of the vessel. �The three months' extra wages should, I think, begin to run from the date of the receipt of the letter of the owner, dated December 13th. From that time the master was in- structed to abandon the enterprise, and to look to the ship alone for payment of wages. It was a virtiial discharge of the crew, and authorized them to treat the voyage as aban- doned by the owner, and to file their libel at once. �Decree for the libellants, with costs. ��� �