Page:Federal Reporter, 1st Series, Volume 7.djvu/140

 128 federal befobteb. �Thb Cetewayo. �(DisMet Court, E. D. New York. March 26, 1881.1 �1. Balvagb— Sbcttritt fob Costb bt Seambn. �Where one of the crew of a salving vessel libelled the saved prop- erty to recover Us share of the salvage, and a motion was made to compel hlm to flle security forcosts, upon the ground that the salvage had been paid to the master of the salving vessel : �Hdd, that in the absence of an agreement on the part of the sea- man to waive his right to salvage, he would not be compelled to give security for costs. �In Admiralty. �Beebe e Wilcox, for libellant. �Owen & Gray, for respondent. �Benedict, D. J. This is a motion to compel a salvor to give security for costs. The salvor waa one of the crew of a tug during the performance of a salvage service by the tug. The def ence appears to be that the libellant is not entitled to share the salvage, because he was employed on monthly wages to work on the tug in the performance of salvage serv- ices. This defence, it is claimed, has been proved in testi- mony already taken in this cause, and upon this ground it is now contended that the seaman should give security for costs. But it is evident that there was no written agreement by the seamen to waive the right to share in salvage, and that the existence of such an undertaking will be matter of inference to be drawn from circumstances. It would have been easy to have made an agreement with the crew to that effect, and if that precaution had been taken there would have been some ground for compelling security for costs. In the ab- sence of such a precaution, and where an order to file security is equivalent to dismissing the libel, I am not inclined to give such a direction. �Motion denied. ��� �