Page:Federal Reporter, 1st Series, Volume 9.djvu/792

THE JOHN CUTTBELL. 7 ( «  �boat in transporting cargo a long distance, where the services of the crew were ordinarj services, within the scope of their duty. �(3) The allowance made to the Ariel of $1,000 is considered satisfactory ; but the seven men taken aboard at Port Eads are entitled to their pro rata share of the one-half thereof belonging to the crew. They are before the court, and should be allowed the same as landsmen regularly shipped aboard the Ariel. �I only deem it necessary to say further in this case that, from the contracta made by the master and agents of the Delambre on one side and the tow-boats and tow-boat lines and Gapt. Adams on the other, as they appear in the evidence, it seems that the Delambre is fully protected; and the real contest in this case is not interesfcing to that ship or her owners, but is really a contest among rival salvors as to the proper distribution of salvage compensation amicably agreed on, and therefore it is not necessary that this court should join the proctor of the ship in properly characterizing the greed and schemes and morals of many of the parties who have figured in the matter of salvage in this case. ���The John Cutthell. (Diatriet Court, E. D. Nm York. December 12, 1881.) �1. MABrmiE Liens— TowAGE Service— Sale undeb a State Law. �By the maritime law of the United Statea, one who performs towage services for a domestic vessel, on navigable watera of the United States, acquires a mar- itime lien on the vessel, which he can enforce by an admiralty proceedmg in rem; and the lien cannot be destroyed bya subsequent sale of the vessel under a State law. �2, Laches. �On the facts of this case, a defence bascd on the ground of laches must fail. �In Admiralty. �H. G. Hull, for libellant. �Tunis G. Bergen,, for claimant. �Benedict, D. J. This is a proceeding in rem to enforce a lien for services performed in towing the lighter John Cuttrell. The nature and amount of the services are admitted. These services were nec- essary to enable the lighter to make voyages and earn freight. It was by means of them that she was enabled to navigate. It cannot, therefore, be doubted that the services in question, rendered as they were in the performance of a maritime contract, are maritime in character. The demand is, then, within the jurisdiction of the admiralty. It is equally clear that these services, by reason of their ��� �