Page:Federal Reporter, 1st Series, Volume 7.djvu/135

 THE CANADA. 123 �in the performance of this duty, and for its non-performance " in a proper manner the ship is liable in the admiralty. It is a service which, when performed by the crew, as is fre- quently the case, is considered a maritime service, and com- pensated in the admiralty under the name of wages. And, when not performed by the crew, it devolves upon a class as «learly identifled with maritime affairs as are the mariners, and fitted for their duty by a special and peculiar ex- perience." �In Ins. Co. V. Dunham, 11 Wall. 26, the supreme court say that as to contracts the jurisdiction in admiralty does not depend upon the place where the contract is made, but the nature and subject-matter of it — "as, whether it was a maritime contract, having reference to maritime service or maritime transactions;" and (p. 29). whether maritime or not maritime depends, not on the place where the contract was made, but on the subject-matter of the contract. If that is maritime the contract is maritime. �In The Emily Souder, 17 Wall. 669, Mr. Justice Field says: "The steamer was detained at Maranham nearly five weeks, and the moneys advanced by the libellants, it is true, were not entirely for the repairs of the vessel and the sup- plies needed for the voyage; they were intended and supplied in part to meet the expenses of her towage into port and of pilotage, and to pay the custom-house dues, consular fees, and charges for medical attendance upon the sailors. These varions items, however, stood in the same rank with neces- sary repairs and supplies to the vessel, and the libellants advancing funds for their payment were equally entitled, as security, to a lien upon the vessel." �It is understood that in England, since the passage of the 3 & 4 Vict. c. 65, § 6, giving, or, rather, restoring, to the court of admiralty jurisdiction of all claims for "necessaries Bupplied" to foreign vessels, that not only what is directly furnished to the ship, but what is reasonably proper for the promotion of the voyage, such as tonnage and harbor dues, brokerage for procuring a charter, insurance, and stevedore's services, cornes within the act, and entitles the party furnish- ��� �