Page:Federal Reporter, 1st Series, Volume 7.djvu/245

 THE EBINAGH. 233 �board and the vessel remained at quarantine till October 13th, when she was towed to Green Point, Long Island. She remained at Green Point till November 18th, and was then towed to the Atlantic dock, Brooklyn, where she was sold by the marahal on the twenty-ninth of November. She had been seized by the marahal under his process on the twenty-ninth of October. The cargo was discharged the same day. The captain went into hospital on the twenty-fourth of Septem- ber, the day he made the contraet for the employment of the watchman, and he died of the fever on the nineteenth of No- vember. Neither he nor the crew returned to the vessel after September 24th. The watchman remained on the vessel till November 13th, and Van Hoesen's claim is for his services up to that day; but the commissioner bas disallowed his claim for the service of the watchman after the twenty-iiinth of October, on the ground that no necessity is shown for the service after the marshal took possession, and on the ground that the contraet was for his service during the state of things existing at the time he was employed, and that that state of things was terminated by the discharge of the cargo and the attachment of the vessel. �An exception bas been filed to the disallowance of Van Hoesen's claim after October 29th, but I think its disallow- ance is clearly right, for the reasons given by the commis- sioner. It is claimed, however, that the watchman has a lien under the state statute,— 3 Kev. St. N. Y. (6th Ed.) 783, — and that such lien, though perhaps not for a maritime serv- ice after the seizure of the vessel, is superior to the claim of the master. But the state statute does not purport to enlarge the power of the master, or to authorize him to employ a^ watchman unless the same is necessary for the vessel. In this case, when the master employed the watchman, it was necessary. That necessity did not continue after her seiz- ure. The employment must be held to have ceased when the necessity that led to the employment obviously ceased by the discharge of the cargo and the passing of the vessel into the custody of the marshal. If the watchman did not discover that ��� �