Page:Federal Reporter, 1st Series, Volume 10.djvu/931

 XHE XWO MAKYS. ^19 �Macdonald V. Shepaed. �{Circuit Court, D. Massachusetts. January 17, 1882.) �1. Lbttebs Patent — Mastek's Febs — Practice. �The prevailing practice in the district of Massachusetts, in cases of account- ing upon adjudged infringements of patents, is to charge the master's compen- sation on the plaintiiis in the flrst instance, to be recovered in costs if the final decree is for the complainant. �LowELL, G. J. Upon the application of the master in this cause for an allowance of $850 as compensation for his services and dis- bursements, and a direction by the court as to the party upon whom the same shall be charged and by ■whom borne, and the parties hav- ing been heard thereon and agreeing that the amount asked for by the master is reasonable, the same is allowed; and it appearing to the court that the prevailing practice in this district in cases of aocounting upon adjudged infringements of patents is that the mas- ter's compensation is charged upon and borne by the complainants in the first instance, and recovered in costs if the final decree is for the complainants ; and no sufficient cause being shown for varying such practice in this case, it is ordered that the master's compensa- tion in this case ba charged upon and borne by the complainant. ���The Two Marys. {District Court, 8. D. New York. March 6, 1882.) �1. Admiralty — Lien op Shipwbight por Rbpairs. �A shipwright has a cominon-law lien for the amount of his repairs upon a vessel taken to his yard and put upon the ways for such purpose, though the mate in the eraploy of the owner remain about her and sieep aboard. �2. Same — Repaiks— Ltabilitt of Part Owneb. �Such a lien, without regard to the absolute neoessity of the repairs, is legal to the extent of the interests of the part owners of the vessel in possession who directed such repairs to be made, though iiot binding upon a pa.'t owner who gives express notice of his dissent to the repairs. �3. Same — Eight op Possession. �The shipwright in such a case haa the same common-law right to maintain his possession that the part owners had who employed him. �4. Uights op Part Owneks Dissenting. �If the repairs be necessary, whether the share of the part owner who ex- pressly dissents be bound or not, he oannot derive any beneflt from the subse- quent use of the vessel without allowance for the repairs. ��� �