Page:Federal Reporter, 1st Series, Volume 7.djvu/694

 682 FEDERAL REPORTER. �all, must have been such as put an end to that of the owner. But there ia nothing to show that the master knew anything of his having come on board, or of his ship-keeper being there, or that he or the mate or the steward submit- ted to his pretended possession, or acted or consented to aot under his direction and authority in completing the voyage by delivering the cargo. Yet these things must be proved to show an aetual possession, or to entitle him to the freight. He cannot, surely, have the freight unless he earned it by the delivery of the cargo. Ail that the evidence shows is that the presence of himself and of his ship-keeper or agent was tolerated by the master and crew, while they continued their former possession to the completion of the voyage and delivery of the cargo. See Maclachlan, Mer. Ship. 41, 100, and cases cited. �The lien of the master for his wages, is, by the British Mer- chant Shipping Act, 17 and 18 Vict. 104, the same as that of the seamen, and he is equally entitled with them to extra pay in case of delay in paymentof the wages unless he himr aelf causes the delay. The Princess Helena, Lush. 190. By a subsequent statute, 24 Vict. 10, his lien was extended to cover his disbursements for the ship, and this has been con- strued to include liabilities incurred. The Feronia, L. E. 2 Ad. 65, and cases cited. It has been already held jn the case of this same vessel that the seamen's lien for wages extends to their extra wages. 3 Fed. Eep. 577. The commissioner was therefore right in reporting the master 's claim with the addition of extra wages. �The mortgagee, having shown no interest in the freight, cannot contest the claim of Crossman, under his attachment in his suit in personam against the master and owners, to have his claim paid out of the freight. Crossman obtained a lien apon it as against the owners by his attachment, subordi- uate, of course, to the lien of the seamen. It seems also, from the authorities above cited, that, as this was a disburse- ment of the master for the ship, the master hasalien pn the freight to secure it. ��� �