Page:Federal Reporter, 1st Series, Volume 2.djvu/401

 39e- FEDERAL REPORTER. �other furniture in a warehouse on shore, and that kind of rent or storage is also the subject of a maritime action." �In support of the last proposition the author cites Gordon V. The New Jersey, 1 Peters' Admiralty Eeports, 223; Ex parte Levns, 2 Gai. 483; Jonson v. The McDonough, Gilpin, 101; and The Phœbe, Ware, 354. �I bave examined ail of these cases, and find that, with the exception of the case of The Phœbe, none of them decide that a charge for storing the outfit of a veseel is the subject of a maritime action, nor do they touch that precise question. In the case of The Phœbe, which was a case of distribution among different claimants of proceeds which were in the reg- istry of the court, there is indirect allusion to storage as a privileged debt, constituting a lien on the property, but the question is not discussed or distinctly decided. It bas been decided in numerous cases that wharfage is the subject of admiralty jurisdiction, and this may well be because it di- rectly pertains to the navigation of the ship. Mr. Benedict inclines to the opinion that the service of stevedores at the port of delivery of the cargo is maritime, but the contrary has been directly held by authority entitled to weight. At- tempt has been made to support the right to maintain an action in the admiralty for storage, under the twelfth rule, ■which provides that "in ail suits by material-men for sup- plies or repairs or other necessaries for a foreign port, the_ libellant may proceed against the ship and freight in rem, or against the master or owner alone in personam. And the like proceeding in personam, but not in rem, shall apply to cases of domestic ships for supplies, repairs, or other necessa- ries." �And it has been argued, in the case at bar, that the stor- age of the sails of a vessel ought to be classed as one of the necessaries mentioned in this rule ; but I understand "neces- saries" for a vessel, as the term is used in this rule, to mean those things which pertain to the navigation of the vessel, and which are directly incidental to and connected with her navigation ; that is, those things which directly aid in keeping her in motion, for the purpose of receiving, carrying and deliver- ����