Page:Federal Reporter, 1st Series, Volume 9.djvu/538

THE GUIDIKQ STAB. 528 �Swing, D. J. This case bas been ably and elaborately presented to the court by counsel, both by oral arguments and in briefs. It involvos the distribution of a fund amounting to nearly $40,000,' now in the registry of the court, being the prooeeds of the sale of the steamer Guiding Star. About 70 libels and intervenors have been filed, embracing such a variety of claims as to cover almost the entire domain of admiralty, so far as the question of liens and their priorities is concerned. �As to what are the facts in the case there is but little if any doubt, excepting on one point, and that is, the circumstances under -which the varions loans to Capt. Miller, the owner and master of the boat, were made. Aside from the loans obtained for the building of the boat, the other advances consist of two classes; namely, thoso obtained at the home port here in Cincinnati, and those obtained in ports outside of this state. It is well established that where money is advanced to meet such claims as in themselves have liens accord- ing to the rules of admiralty, a lien also exists for such money. Bit before a lien exists for money advanced, it must be clearly shown that the purposes for which it is advanced are entitled to a lien. If advanced for the purpose of paying seamen's wages, necessary sup- plies ani repairs, or anything else to which a lien in admiralty attaches, in that case a lien also attaches to such money, but not otherwise. �Now let us see what are the facts in this case so far as the bor- rowed money is concerned. With bat one exception, and that is the loan made by Mr. Menge, of New Orleans, the money was obtained for what Capt. Miller calls "the general purposes of the boat," and be is caref ul to say that such general purposes include supplies, repairs, interest, take-up notes, etc. Now, some of these purposes have a lien attached to them and some have not, and if it could be definitely shown what portion of each loan was borrowed for such purposes as have liens, then the court would place such portions on the same footing with supplies. The Grapeshot, 9 Wall. 14e. The testimony, however, shows very clearly that this cannot be donc. In the case of Menge's loan, howevet, notwithstanding one or two gen- erai expressions on Capt. Miller's part, I am inclined to think that the advance of f 1,000 was made for the express purpose of paying the running expanses of the boat, striotly so called, and therefore decide that a lien attaches to that loan. �Upon the disputed questions which the order of payment determines, ��� �