Page:Federal Reporter, 1st Series, Volume 4.djvu/678

 664 FEDERAL REPORTER. �neoessitating a sale by the master, or in case judicial pro- ceedings are taken against her in a foreign countrj' to subject her to claims recognized by the law of such country. The recognition of liens, and the order in which they shall be mar- shalled and paid, pertain to the remedy, and are administered according to the lex fort. When the courts of such country have obtained jurisdiction of the res by actual seizure, they bave full power to dispose of the property and to transf er the title, and such transfer will ordinarily be respected in every other country. Nor is this power limited to the final deter- mination of the case. The title to property sold pendente lite will be respected in another country, though the proceedinga upon which the property was originally seized fail. Stringer V. The Marine Ins. Co. L. E. 4 Q. B. 676. �In these cases of judicial sales ira rem the liens of credit- ors are not extinguished, but are merely transferred from the res itself to the fund in court, The decree of the maritime court deprived the libellant in this case of no right of prop- erty. It was merely adjudged that his claim was not of that character which entitled him to set the machinery of the court in motion. It does not follow that the court would not bave entertained a petition by the libellant for payment from the proceeds of sale,,after the satisfaction of what under the laws of Canada are maritime liens, upon proof that by the lex loci contractns he was entitled to a lien. It is a constant praetice in our courts of admiralty to decree the payment of surplus proceeds to mortgagees and others having liens which are not enforceable by original proceedings. As Mr. Justice Story observes, (Conflict of Laws, § 3226 :) "Where the lien or priv- ilege is created by the lex loci contractus, it will generally, though not universally, be respected and enforced in ail places where the property is found, or where the right can be bene- ficially enforced by the lex fori. And on the other hand, where the lien or privilege does not exist in the place of the contract, it will not be allowed in another country, although the local law where the suit is brought would otherwise sus- tain it." Section 323 : "But the recognition of the existence ����