Page:Federal Reporter, 1st Series, Volume 2.djvu/729

 722 ���FESEBAL BEPOBTEB. ���106; The N. W. Thamas, 1 Biss. 219; The, Royal Saxon, 2 Am. L. Eeg. 324; The Ghusan, 2 Story, 455 ; 1 Sprague, 39 ; Smith V. Steamer Eastern, 1 Curtis, 259; The Hiawatha, 5 Sawyer, E. 160; Francis v. The Harrison, 1 Sawyer, E. 353; mil e Conn V. The Golden Gate, 6 Am. L. Eeg, (0. S.) 273; The Kate Hinchman, 6 Biss. 367; The Grace Greenwood, 2 Biss. 131. �The lien of Thurlow & Son was not lost, by lapse of time, or other cause; The Atlantic, Crabbe, 440; The Bebecca, 1 Ware, 188; The Prospect, 2 Blatch. C. C. 527; The Young Mechanic, 2 Curtis, 404 ; The Ghusan, 2 Story, 468. �The olaim of Thurlow & Son must, therefore, be paid in advance of the statutory liens. ���EoBEBTS V. The Babk Windeembbb, etc. {District Court, S. D. JfewFork. May 19, 1880.) �Admtrai-tt— Maritimb Service.— The removal of ballast from a foretgn vessel, while In port, for the purpose of putting her in condition to re- ceive cargo for an intended voyage, constitutes a maritime service. �F. A. Wilcox, for libellant. �W. W. Goodrich, for claimant. �Choate, D. J. This is a libel in rem against a foreign ves- sel, upon a contract made by the master with the libellant, for labor and services in removing the ballast, while in this port, for the purpose of putting her in condition to receive the cargo for her intended Toyage. The libel avers that the services were performed on the credit of the vessel. The owner has appeared as claimant, and excepts to the libel on the following grounds: First, that the same does not state f acts sufficient to eonstitute a maritime lien or cause of action herein; second, that the court has no jurisdiotion upon the allegations of the libel; third, that the action is founded upon a contract to pay for services performed by the libel- lant as stevedore, in unloading the said bark. ����