Page:Federal Reporter, 1st Series, Volume 7.djvu/131

 THE CANADA. 119 �that a statute might be passed authorizing a court to ascer- tain and decree the amount due a lienor, without giving any further remedy by judgment for the payment of the ataount, or any common-law process for the enforcement of such pay- ment. Such a statute might have its uses ; as, for instance, to enable the owner to tender the proper sum, or the lienor to demand exactly what was due, in case of doubt as to the amount justly due. Such a statute would, however, be a nov- elty, and it may well be doubted whether such a remedy, if it could be called a remedy, could be considered a common- law remedy, such as is alone reserved for the action of the state courts in cases of maritime contracts. It would seem not to be so. The common-law remedies reserved seem to be the recovery of a money judgment, with the incidental remedies of attachment and arrest on mesne process, and the varions forms of execution known at common law. For these reasons it must be held that the finding of the state court, as to the amount due, is not conclusive on the claimant as a judgment. �Decree for the libellant, with costs, and a reference to com- pute damages. ���The Canada. (District Court, D. Oregon. A.pril 28, 1881.) �Stbvbdorb's Sebvices. �Upon general principles the services of a stevedore are maritime in their character, and, when performed for a f oreiga sliip, he bas a lien thereon for the value thereof. �FOBBIGN POET. �A vessel is in a foreign port, in the sense of the maritime law, when she is in a port without the state where she belongs and her owner resides. �In Admiralty. �Rufus MaiLory, for libellants. �John H. Woodward, for claimants. ��� �