Page:Federal Reporter, 1st Series, Volume 9.djvu/348

 THE PRINCE LEOPOLD. .?38 �A different opinion as to the application of this statute having been expressed by the attomey general, (April 28, 1881,) I have given the matter more careful consideration, and stated at greater length than I might otherwise have done the reasons that have constrained me to corne to the conclusion I haye reached. �The exceptions to the libel are, therefore, sustained. ���The Prince Leopold.* �(Circuit Court, E. D. Louisiana. 1881.) �1. ToWAGB Services — Liens. �Towage service must be rendered to oatry a lien ; an unexecuted coatract to perform towage service is net enough. �In Admiralty. �J. JS. Becfcw'if/i, for libellant, i. �Emmet D. Craig, for claimanta. �Pabdee, C. J. An unexecuted contract of affreighiinent gives no maritime lien. 18 How. 188; 19 How. 90. An unexeeuted con- tract for furnishing supplies carties no lien. The Cabarga, 3 Blatchf. 75. An unexecuted contract for wages, where the voyage -was never begun and no services nendered^ fumishes iio lien. 1 W. Eob. 89, cited in 19 How. 90. Admiralty' aud maritime liens arc not given by implication. 19 How. 89. No reason is given why an unexectited contract to furuish towage to a vessel shonld stand ou ahy better footing than though the contract related to freight, wages, or mate- rials. It is claimed that''towage is a part of the voyage, (22 How. 2i4;) but that must be understood as towage actually fuMished. The owners may have contracts with a dozen different tow-boats that each shall tow the ship, but it is only the ones actually towing the vessel that help begin or complete the voyage. �Let there be a decree maintaining the exception filed, and dismiss- ing the libel, with costs. �«Reported bj Joseph F. Borner, Esq., of the New Orleans bar. ��� �