Page:Federal Reporter, 1st Series, Volume 8.djvu/851

THE GEAF KLOT TEAUTVETIEB. 837 �vessel, unless it clearly appears that he gave an exclusively personal credit to the master or owners, in exoneration of the vessel. The Nestor, 1 Sumn. 73, 75. �" The proof in thia case is insufflcient to establisli that state of facts. Nof does it appear that an exclusive credit was given to the ship and owners, in exoneration of the master's liability. �"As the claim, therefore, is one to which the maritime law attaches a lien prior to that of the master of any existing under that law, and as the master is himself personally liable for the debt, his claim must be postponed to that of the libellant. 4 Sawy. 40, 41." �But even if it should be admitted that the German law is the law of this case, I hold that the claim of the master cannot be maintained. The evidence before me shows that the master, Tirhen obtaining the credit which he did from the material men, represented himself abso- lutely as part owner of the vessel, and rendered himself liable for said indebtedness, and he is estopped from setting up a claim which, if allowed, would, pro tanto, defeat the claim of the said mate- rial-men. �2. Claim of Cari Saatman, mate, shipped at Liverpool September 5, 1879, discharged December 2, 1880, at Charleston, South Caro- lina. �This claim is as follows, to-wit : �14 months and 27 days' wages, at 78 marks per month, �from 5th September, 1879, to December 2, 1880, - marks 1,162 2J months' wages, to pay passage home, - 195 ���marks 1,357 Less amount paid him by captain, - - 239 ���marks 1,118 =$268 11 �In considering this claim, the first question raised is as to the item of 195 marks, for 2|- months' wages, to pay passage home, the solu- tion of which depends upon the German law. So far as I have been able to learn, the German law applicable to the point in issue, from the translations of the same put in evidence, is as follows, to-wit : �"When the contract for wages is terminated before the completion of the voyage, without any fault of the crew, (as in this case, by the sale of the ves- sel under process of law,) and the crew are discharged, they are entitled to the wages earned up to the date of the termination of the contract, and in addi- tion to a free passage to the port from which they shipped, and to the wages which they would have earned during said passage, or to a corresponding remuneration, according to the option of the captain, — the retum passage, and wages together, to be computed at from two and one half to four months' ��� �