Page:Federal Reporter, 1st Series, Volume 7.djvu/122

 110 FEDERAL REPORTBE. �Choate, D. J. Tais is a libel brought by a shipwriglit to recover, against the schooner B. P. Woolsey, a domestic ves- sel, his charges for repairing. The libel alleges that one Terrell, the master and owner of the vessel, delivered her into the possession of the libellant to be repaired; that re- pairs were made of the reasonable value of $869.46; that she has at all times remained in his aetual possession ; and that he has a "common-law lien" upon the vessel for the amount due him ; and the libel prays that the vessel be con- demned and sold to satisfy the libellant's claim. Terrell, the owner, alone appeared to contest the suit. He has set up several defences, by exception and answer, -which will be sev- erally considered : �1. In the first place, it is objected that the common-law lien or right to hold the thing ou which work bas been done in possession till payment of the charges incurred does not extend to ships; that it is a right appertaining to particular trades, but existing only where the usage of the particular trade bas established it; that it can be proved to exist only by proof of such usage in the particular trade. Doubtless this right originated in usage or custom, at first being estab- lished by evidence of the existence of the usage in palrticular trades, and afterwards being taken notice of as established customary law; and it seems to have been first recognized as existing in favor of persons exercising a qitasi public employ- ment as inn-keepers, and the like, who were obliged to render the service; but it has been extended to all artisans bestowing labor on goods, whether they would have been compelled to accept the employment or not. Thus it is said by Chancellor Kent, (2 Com. 635, 12th Ed. :) �'' It is now the general rule that every bailee for hire, who, by his labor and skill.'has imparted an addltional value to the goods, has a lien upon the property for his reasonable chargea." �And in the particular case of the shipwright who takes into his possession the vessel for repairs, and continues to hold it in his possession, the lien is too well established as matter of authority to be open to dispute. In the case of The Marion, 1 Story, 68, Mr. Justice Story and Judge Davis ��� �