Page:Federal Reporter, 1st Series, Volume 7.djvu/514

 502 PEDEBAIi'BBPOBTEB. �corporation, have presumably as complete a remedy against the owner to recover, in the home port, any deficiency that may arise after paying seamen's wages, if their alleged lien shall be flnally sug- tained, as the seamen have to recover their wages there. �FiirtKer held, that even the master's claim to be paid ont of the vea- sel should, under the circumstauces of the case, be sustaiued as against the iutervenors. �In Admiralty. �Oeorge H. Forster, for libellant. W. Mynderse, for La Fonciere Ins. Co., intervenors. Choate, D. J. This is a libel by the master and seamen of the Swedish bark Adolph for wages. �The vessel arrived in this port in August, 1880, in ballast, nnder char- ter to take on board a cargo of grain for an Eurcipean port. On her voy- age hither from France she had a collision, and soon after the arrivai of the vessel she was libelled in two suits — one by the maater of the vessel ■with which she was in collision, on behalf of himself and the owners ; and the other by the insurer on her cargo, to recover damages caused by the collision. The libel of the master was withdrawn. The other Hbel- ant proceeded, and, the vessel being in custody, the case was brought to trial and a decision was rendered November 10, 1880, dismissing the libel on the ground that the Adolph was not proved to be in fault, 4 Fbd. Rbp. 730. The libellant appealed. Thereupon the claimant made appli- cation for the release of the vessel, or for security against her detention pending the appeal. This application was denied November 50, 1880. 5 Fed. Rbp. 114. The master had communications with the owner, who resides at Stockholm, soon after his arrivai, and advised the owner of the seizure of the vessel, and thereafter of the siibsequent proceedingg. The vessel was appraised at $10,000, and partly because this was thought to be too high a valuation, but principally because, if she was bonded, she would still be liable to seizure in another port by the libellant, who had withdrawn his suit here, the owner determined not to give stipulation for value. It was not till about the 26th of December that the master was finally advised by the owner that he would furnish no money to pay oli the crew, and would not give bonds to release the vessel. Part of the crew were discharged by their own consent, and took service iii other vessels — one on the llth of Novenjber, and three on the lOth of Jatiuary. iliere was then due them for wages, to the time of their discharge, $613,85. The master and second mate and two seamen liavere^nained by the vessel to the present time. �By the maritime code of Sweden the master has a lien on the vessel for his wages, and daims against vessel and freight rank as folio ws : (1) Wagea of master and erew ; (2) the aver- ��� �