Page:Federal Reporter, 1st Series, Volume 3.djvu/586

 COTEBT V. BBITIBH BBIO WEXFOBD. 579 �îs a liquidated indemnity for such enf orced expense and delay. It is limited to ten days, perhaps upon the theory that the Bummary powers of the adrairalty courts, everywhere exer- cised for the protection of seamen, can, within that time, be brought to bear for their relief, and to encourage diligence on their part in presenting and prosecuting their claims. These protective statutes would be of little or no value to the sea- men if they do not give them a lien on the vessel. A mere right to enforce a personal claim for such small sums against the master or owner would generally be of no value to them. And, if they have a lien, it must, I think, be pre&umed that it was intended to be a lien in ail respects like that for their stipulated wages — one equally beneficiai to them. The con- tract with the seamen is to be deemed made with reference to the existing law governing the ship, which, in this case, is the British law, and the righti to the extra pay must be deemed secured to them by the contract itself. The wages must be deemed by the contract to be agreed upon as this much more in case of delay in payment. There must there- fore be a decree for the seamen for their wages and extra pay, with costs, payable at once, in preference to ail other claims. The master 's claim of a lien for bis wages arises underthe one hundred and ninety-first section of the same act, which provides that "the master of every ship shall, so far as the case permits, have the same rights, liens, and remedies for the recovery of his wages which, by this act, or by any la^ or custom, any seaman not being a master bas for the recov- ery of his wages." It bas beeû held that this statute gives the master a lien on the vessel for his wages enforceable in the admiralty courts of this country, although, by the mari- time law, the master has no lien, and although the lieu is given by a foreign statute. The Havana, 1 Sprague, 402 ; The Enterprise, 1 Low. 455. I see no reason to doubt the correct- ness of these rulings. The contract with the master is made with reference to the statute, and the lien or interest in the vessel is thereby given to him as part of the consideration for his service. It is immaterial that the lien is not created by the maritime law. The admiralty courts enforce liens ����