Page:Federal Reporter, 1st Series, Volume 2.djvu/400

 GILBERT HUBBAED & CO. V. EOACH. 393 �although they thereby would take risks that are improvident ; and many by whom assistance is offered would sueceed, by the persistency of their demands, in extorting from the fears or the necessities of the other party a reward to which they are not entitled. The Emulous, 1 Sumn. 209 ; The A. D. Patchin, 1 Blatch. 424; The Wexford, 6 Ben. 119; The Homely, 8 Ben. 495; The Jacob E. Ridgway, là. 179; The Jeremiah, S. D. N. Y. March 3, 1879, unreporfced; The Helen and George, Swabey, 368. The claimants having tendered and paid into court the full amount to which the libellant is entitled, together with the costs of libellant up to the time of such payment, the libellant is entitled to a decree for that sum, and the claimants will recover their costs subsequent to that time, to be paid eut of the aame. Decree accordingly. ���Gilbert Huebard & Co. ». Eoach and another. �{Circuit Court, Jf. D. Illinois. , 1880.) �ADMXRAiiTT — JxTBiSDicnoN— Stobage OB' Sails. — The storage of sails, ■when stripped from the vessel, is not a service pertaining to her navi- gation, and a claim for Buch storage is not a subject of admiraltj jurisdiction, either by proceedings in rem or in personam. �Claim for Storage. �Mr. Kremer, for libellants.. �Mr. Condon, for respondents. �Dyeb, d. J. An important question in this case is whether or not libellants have a remedy by maritime action for stor- age of the vessel's sails. This appears to be a new question. No adjudicated case directly bearing upon it has been pre- sented. In Benedict's Admiralty, § 283, it is said; "The master and owner of a ship, and the ship herself, may be proceeded against in admiralty to enforce payment of wharf- age, whether the vessel lie along-side the wharf or at a dis- tance, and only use the wharf temporarily for boats or car- goes. Of the same nature is the charge for storing a sail or ����