Page:Federal Reporter, 1st Series, Volume 2.djvu/380

 •EOECK V. BARGE JOHN M. WELCH. 873 �that "a lien for wharfage fumished to a domestic vessel does not exist." Certainly, that court did not decide, in that case, that a lien by virtue of the general maritime law, for wharf- age furnished to a domestic vessel, does exist. Nor did it decide that a libel in rem in admiralty could not he brought against a vessel for wharfage, on the basis of a lien against the vessel, where such lien was created by a valid statuts of the state. �After the writ of prohibition was refused, the libel in the district court was amended, by inserting in it allegations that the vessel left the pier, wharf and slip without first paying the wharfage ordockage due thereon ; that the libellants, therefore, became entitled to demand from the vessel, for wharfage, double the amount before named, to-wit, $60 ; that the vessel came to said wharf having on board a cargo of coal, from the city of Baltimore, Maryland, and made said trip by way of the Chesapeake and Delaware canal, Delaware river, and Dela- ware and Earitan canal ; and that the owners of said barge reside in the state of New York. The amended libel claims to recover the $60, with interest, and retains the averments as to the maritime lien, and as to the lien by the laws of the State of New York. It was stipulated that the answer before filed should stand as the answer to the amended libel. �The parties then agreed, in writing, upon the foUowing as the statement of the facts in the action : "First, that, at the times stated in the libel, the libellants were lessees of, and in possession of, the wharf named in the libel, and authorized to demand and collect wharfage fromvessels lying thereat ; second, that the barge John M. Welch lay at said wharf during the period named in the libel, and left without payment of wharf- age, and that the amount of wharfage due the libellants on such aeeount, as fixed by the wharfage law of New York, a copy of which is annexed, is $60, and the same has not been paid to the libellants; tldrd, that said barge is owned by persons residing in the state of New York; fourth, that said barge came to said wharf, as aforesaid, with a load of coal, from Baltimore, Md., as set forth in the libel." �On such pleadings and statement of facts the case was ����