Page:Federal Reporter, 1st Series, Volume 4.djvu/677

 THE TBENTOir. 663 �England the court of admiralty is vested with juriadiction, not only of ordinary collisions, but of damages done by a ship to wharves, breakwaters, and other fixtures aunexed to the eoil ; while in this country it is limited to floating structures. In England a master has a remedy against the sliip and freight for wages. In the United States he is confined to a proceeding in personam. By the law of continental Europe a lien arises for necessaries furnished in a home port, while in this country there is none unless created by a state statute, and none in England if an owner is domiciled within the kingdom. We also recognize liens for general average, -wharf- age, stevedores' wages, and premiums of insurance, none of which are within the jurisdiction of the admiralty division of the high court of justice. We also admit claims for damage to cargoes, while the English court can only proceed against the vessel where the cargo is brought into England or Wales, and no owner is domiciled therein. It may be added that the English admiralty has jurisdiction of accounts between part owners, and may decree the sale of a share or shares in the ship, while we can only take cognizance of such disputes incidentally to the distribution of the proceeds. �Now, if the theory of the libellant be correct, a judicial sale of a vessel in one country would free her from none of the liens which the courts of that country were unable to enforce. A sale under such circumstances would be utterly destructive of the interests of owners and a complete sacrifice of the ves- sel. No one could possibly know the value of his purchase, for no one could foresee the amount of claims that might be made against the vessel in other countries. It would also compel us to inquire in each case whether such foreign court could have taken cognizance of the claim, either by original proceeding or by petition against the proceeds of sale, and, as the foreign law in each case must be proved as a question of fact, the errors and confusion into which we should fall will be readily appreoiated. �The truth is that ail these liens are inchoate rights, sub- ject to the oontingeney of lo^s in case of disaster to the vessel ����