Page:Federal Reporter, 1st Series, Volume 7.djvu/611

 thb siboooo. 699 �Thb Sirocco. �IDiitriet Court, E. D. New Tm-k. May 10, 1881.) �1. Bbaman's Waobs— Fishtnq Veisskl— Lien— Bvidencb. �; Where a cook and a seaman employed on a fishing vessel each �libelled her for wages, and it appeared that the owners were to have one-third of the menhaden caught, and the master and crew the other two-thirds in lieu of wages, had, that clear proof of an agreement to rely upon personal credit idone is required to defeat the lien of seamen upon the vessel for their pay. Upon slight or contradictory proofs of such waiver the pregumption of the maritime lair must con- trol. �In Admiralty. �Samuel B. Caldwell, for libellants. �F. P. Bellamy, for claimant. �Benbdiot, D. J. These actions are brought to recover for services performed on board the fishing sloop Sirocco. The libellant BUlard was oook, and the libellant Biggs was a seaman. The service is not denied, and there ia no dispute as to the amount due. The only question is whether the libellants acquired a lien upon the boat by reason of their services performed on board thereof, The presumption of the maritime law is that services performed by seamen on board a vessel are rendered upon the credit of the vessel, as well as that of the master and owners, and by that law sea- men acquire a lien for their wages in all cases, unless it be made to appear that a waiver of the lien and an exclu- sively personal credit formed part of the contract of hiring. In respect to a lien the services of a cook performed on board a vessel are placed upon the same footing as those of a mar- iner. The same is true of the services of one employed at monthly wages to discharge the duties ordinarily performed by the crew of a fishing-boat, although such services do not pertain exclusively to the navigation of the vessel. The proofs show that this vessel was employed in menhaden fish- ing, under an agreement between the owners and the master that the owners should receive one-third of the proceeds of the ush caught, the master and crew to receive the otner two-thirds ��� �