Page:Federal Reporter, 1st Series, Volume 2.djvu/719

 713 FEDERAL REFOr.T£E. �claimed in the two patents were not new, so as to affect tlia question of costs. Bat the attempt cannot be iield to have been successful. �There must be the usual decree for the plaintilï, for an acGount and an injunction, as to the claims above heid to have, been infringed, with costs. ���The Bbig E. A. Barnaed.* �Circuit Court, E. D. Pennsylvania. June4, 1880.) �Admiealty— HoMK PoKT— Kksidencb op Owkek— Fokbign Registbt. The port in which the owner of a vessel residea is her home port, although she has a foreign registry and sails under a foreign flag. �Per Butler, J. As against one who had been misled by such repre- sentations, the owner would not be allowed to assert the contrary. �Friokitt of makitimb oveb statuto ut Liens. — Maritime liens for sup- plies f urnished to a vessel in a foreign port liave priority over liens given by State statutes for repairs subsequently furnished in her home port. �DiSTRIBOnON AMOTSa MABITIME LiEN CLAIMANTS— ORDEB OF PAYJIEifT, �Semble maritime liens of the same class or rank, upon a vessel, should (as a general rule) be paid out of the proceeds of the sale in the inverse order of thelr creation, without distinction between creditors of the same class, who are concurrently ensaged in fitting the vessel for an intended voyage, and without respect to the dates of attacliment. 2%e Pathjinder, 4 Weekly Notes, 528, not folio wed. �Makitijee Liens— Sbevices of Watcuman and Ship Keepbr.— The services of a watchman and shiplieeper, reudercd while the vessel is in port, do not create a maritime lien. �Samb — Services of Stbvbdoiîe. — The services of a stevedore in loading a vessel in her home port do not create such lien. �Same — Agebement hypothbcating Vessel — When not a Bottomkt Bond — Advakces to Vbssbl m Home Poet. — While a ship was in her home port her master, who was also her owner, borrowed money f rom parties abroad, and gave them a written agreement, providing that for such money they should have, " besides the responsibility of the owners, a lien on the ship and freight;" that the same were hypothecated to them, and Ihat he would make them a remittance of the freight from Oporto, (the vessel 's destination.) Bdd, that this instrument was not a bot- tomry bond. �HeU, further, that the vessel being in her home port, the fact that the money was advanced to relieve her necessities do notgive theadvancere a lien as against other attaching creditors. �*Keported by Frank P. Prichard, Esq., of the Philadelphia Bar. ����