Page:Federal Reporter, 1st Series, Volume 10.djvu/502

 490 FEDERAL REPORTER. �ent times, the one whose loss happened last ia entitled to priority over the one whose loss happened first.(j) �The reason for the rule that maritime liens are entitled to priority in the inverse order in which they attaoh, is that in the case of contracts the benefit rendered at the latest hour preserves the res to satisfy the earlier cldims, and thereby earns a superior equity in respect to the common fund. It is mani- fest that cases which are not within the reason of the rule are not within the rule, and in determining whethei the rule applies or not, tinie is not the only element to be considered.(A;) There are several well-established cases where classes of lienholders, as between themselves, share pari passu; as, for in- stance, seamen who ship for the same voyage, salvors who are enjpiged in the same aalvage service, men who furnish materials(Z) or snpplies(m) for the same voyage, freighters who claim under bills of lading for the same voy- age,(n) holders of bottomry bonds who act in concert with each other in making advances for repairs at the same time and place, (o) and parties who sustain a loss by the same collision.(p) These cases show that the rule contemplates not merely the date but the voyage. Mere subsequence in time does not give a right to priority of payment, imless one lienholder has been more eflicacious than the other in preserving the ship and brlnging it to its final destination. �This equality of payment in certain cases has made it convenient to divide maritime liens into classes which are said to have a certain rank of privilege. When the liens all hold the same rank, if the property is not sufflcient to pay all in full, they are paid concurreritly, each in proportion to its amount.(c) When the liens hold different ranks, then those which oecupy the flrst rank musfc be paid in full before any allowance can be made to those which hold an inferior grade.(r) A careful consideration of this division of liens into classes will show that it is founded in part upon the stage of the voyage at which the service is rendered, and in part upon the efflciency of the service to speed the ship on its course. Some maritime liens, considered by themselves, hold the same privilege, — as, for instance, pilotage, towage, and liens for materials; but because one is necessarily rendered at a later stage of the voyage than the other, itis entitled to priority over the other. (*) Other maritime liens, which are allowed for other reasons than that of giving credit to the sliip, — such, for instance, as the lien of freighters(i) or insurers,(M) — have no tendency to expedite the voyage or preserve the ship, and therefore take a low rank. An examination of the varions classes of maritime liens, and the relative rank held by each, will illustrate these principles and show how they are applied to the ever-varying phases of litigation. �CosTS. The costs of the libellant in prosecuting the suit so as to obtain a condemnation and sale of the ship are entitled to priority over all other claims, �(y) The Frank G. Fo-wler, 8 Fed. Rep. 3I1. (p) The Desdemona, Swab. 158. �(ft) The Wll!l;im T. Graves, 14 Blatchf. 189} S. (?) The Pai-agon, 1 Ware, 322) The Superior, �0. 8 Ben . 368. Newb . 176. �(0 The America, WLaw Rep. 264; The FBIU17, (r) The Paragon, 1 Ware, 322; The Superior, �2 Low. 508 ; The Superior, Newb. 17». Newb. 176. �(m) The William F. Snfford, Ln»h. 69. (») Porter T. The Sea Witch, 3 Wood», 75 j The �(fi) The Paragon, 1 Ware, 322. City ot Tawas, 3 Fed. Rep. 170. �(o)The Exeter, 1 O.Rob. 173; The Coa(tsacla,i (r) The Unadilla, 3 Mich. Law, Wl, �NoteeorCaaea, 285i 8. C. 10 Jar.64S. (t>) The Puipliln, 1 Fliiiyiu, 5aa ��� �