Page:Federal Reporter, 1st Series, Volume 2.djvu/731

 724 FEDEEAL REPORTER. �terms of the maritime law in this respect, and from the principle which pervades its enactments, to giye a lien upon the vessel to a claim of the character of the one now under consideration. It in no respects merits such privileges any more than do the services of any other class of laborers in any work conneeted with the business of the ship. It does not seem to differ from a transportation of the cargo from one place to another on the land, and the cartman who hauls off the lading and facilitates the discharge of the vessel aids her in the same manner as the laborer who raises the cargo from the hold." �The learned judge also found in that case an additional reason for denying the lien : that the services were in fact not performed upon the credit of the vessel, but upon the Personal credit of the master. �In The Bark Joseph Cunard, Ole. 123, (1845), Judge Betts adhered to this ruling and denied the lien of the stevedores, and, as within the same principle, rejected the claim of light- ermen -who took the cargo from the shore to the ship while lying in the port of Mobile. The vessel was under a charter which relieved the ship as between her and the charterers from the expense of loading the vessel. This circumstance, however, does not seem to form the ground of the decision. Eeferring to these two charges for stevedores and lighterage, Judge Betts says : "It is an employment outside of the vessel, not contributing to her capabilities or security in navigation, or serviceable to her voyage. There is no difference in prin- ciple whether the cargo is brought to her side in the stream, or placed near her on a wharf. The ship is responsible for disbursements necessary to equip and put her in a condition (by men, provisions, etc.) to perform her voyage; but it would be giving a novel extension to the notion and range of tacit liens to subject her to ail claims collateral and incidental to her dispatch. A cargo is no more than an incident to a voyage, and in no sense necessary to enable the ship to per- form one. Debts arising out of such collateral services or engagements may be chargeable upon the owner personally, as resting upon bis implied contracts; but the ship is not ����