Page:Federal Reporter, 1st Series, Volume 7.djvu/244

 282 FEDEBAIi BEFOBTEB. �That it was not allowable, either, under the state law, — 3 Rev. St. N. Y. (6th Ed. ) 783, — which does not purport to enlarge the power of the master, who could not bind the vessel for services af ter the necessity theref or ceased to exist, the cargo having been discharged and the marshal having taken possession. �That the watchman's services prior to October 29th, being for the beneflt of all interested in the ship, constituted a maritime lien. �That this ruling accords with the present view of what constitutes a maritime contract, the test applied in the case of The Harriet, and other cases, having been considerably modifled tey subsequent decis- ions of the courts. The Windermere, 2 Fbd. Rbp. and cases cited. �Also held, that the lien of the master, which he had by the English law as security for his wages, and which is enforceable in the admi- ralty, {The Wexford, 3 Fbd. Rbp.,) should be deferred to the maritime lien of the watchman with whom he contracted for the latter's serv- ices in this port. �In Admiralty. �W. Mynderse, for libellant Van Hoesen. �J. A. Deady, for Bowden's administrator. �Choate, D. J. In this case the vessel has been sold and varions parties having undoubted maritime liens have been paid, and there remains a surplus in the registry of the court. No claim was made by the owners. Among the libels filed against the vessel were those of Van Hoesen, filed November 23, 1880, and of Bowden, filed November 8, 1880. The claim of Bowden, who has since died, was for his wages as master. The vessel was English, and by the English law the master has a lien on the vessel which it has been held can be enforced in the admiralty, the contract being mari- time, although by the maritime law he has no lien. The Wexford, 3 Fed. Eep. 577. Bowden's claim, which is now prosecuted by his administrator, is more than sufficient in amount to absorb the entire surplus in the registry. Van Hoesen's claim is for furnishing a watchman on the vessel under the following circumstances : On her arrivai in port the vessel had the yellow fever on board. She came in with a cargo to be delivered here. The crew were all sent to the hospital, and the master, on the twenty-fourth of September, 1880, made a contract with the libellant Van Hoesen to fur- nish a watchman or ship-keeper at an agreed rate per day. The vessel was then at quarantine. The watchman went on ��� �