Page:Federal Reporter, 1st Series, Volume 1.djvu/293

 MAKBION B. & W. 00. V. SXEAMBOAT "H. C. ÏAEaJEB." 285 �disposed to go to thig length iinlesB constrained by a ruling of the supreme court. The statute not only requires the petition for removal to be filed "at the term at whieh said cause could be first tried," but also that it be filed "before the trial thereof." If it be regarded as settled that this lan- guage refers to a trial af ter the passage of the act, (and no case bas gone further than this,) it does not foUow that it refers to a trial at a term of court commencing after the act was passed. By its terms, and by its evident spirit and intent, it applies lo a trial after the passage of the act, but during a term of court commencing before. The motion to remand is sustained. �Note. — Meyer y. Delaivare R. Construction Co. U. S. Sup. Court, October term, 1879; Ain. Bible Society y. Grove etal. U. S. Sup. Court, October term, 1879; McCuUough y. Ster- ling Co. i Dillon, 562; Hoadley v. San Francisco, 3 Law, 553; Crane y. Receler, 15 AlbanyL. J. 103; Andreu's' Ex'rs Y.Gar- rett, 2 Cent. L. J. 797; Rain v.E. Co. 3 Cent. L. J. 12. ���P. P. Marrion Blacksmith & Wrecking Co. V, The Stbam- BOAT "H. c. Yaeger."* �{Circuit Court, E. D. M'ssouri. March 20, 1880.) �Admiraltt — JumsDicTioN — Home Pout — Seuvioes to Steanded Boat. — Services rendered a steamboat stranded upon a bar in the Mississippi river, some G5 or 70 miles below St. Louis, in a voyage from that port to New Orleans, are not to be regarded as having been rendered in her home port, although such boat may have been at the time within the territory of the state of Missouri. �Sbbvices Rendbubd AT Kequest of Mastbr — Pkesumptions. — Where such services were rendered at the request of the master, it will be pre- sumed that they were necessary, and properly rendered on the credit of the vessel. �Claim for Sbrticbs — AssiGNMENT. — The owners of one-half of the claim for such services, who have obtained the otherhalf by assignment, are entitled to sue for the whole. �LiETt— Sai.vagb. — Although the services rendered were not in the nature of salvage, the right of the libellants to a lien was not thereby affected. �•See Mnnongahela Nan. Co. v. Steam, Tug "Bob Connell," ante, 218. ��� �