Page:Federal Reporter, 1st Series, Volume 9.djvu/536

 THE &DIDING STAR. 621 �proposed to pay them, and, undoubtedly, under an implied if not an express promise that he would pay them full wages. �There was no treaty or contract with Thorson in regard to the amount of his wages for this special voyage, and I must, therefore, assume that he can only claim the rate of wages of his former voy- ages, which was $3.50 per day. The proof would satisfy me, that Oleson's wages were fairly worth $3.50 per day also, but the com- missioner, after a review of all the testimony, has corne to the, .con- clusion that his wages should be $3.35, and I am not disposed to disturb that finding, as it seems to have been arrived at after a very careful analysis of all the testimony in the case bearing Tipori the question. �There will, therefore, be a decree in favor of Thorson at $3.50 per day from the seventeenth of November to the first day of December, and for Oleson at $3.38 per day from the nineteenth of November to the first of December. �The master also found that, under the promise to do what was right with Oleson, the captain was bound to pay his fare, which amounted to $7 from Pentwater to Chicago, and with this finding I can find no fault under the faets in the case. I do not see, however, from the proof that Thorson was entitled to be returned to Chicago at the expense of the vessel. ���The Guiding Star.* �{District Court, S. D. Ohio, W. D December, 1881.) �l. Mabitime Ciontracts — Insurance — Moktgage— Construction Claims— Pei- OBiTY OF Liens— BoRHOWED Monkt — Libns under Btatb Law— Homestead. �Where a beat was seized on a libel for home supplies, and claims against her were filed for foreign and home supplies and repairs, for insurance premi- ums, for material and labor furnished in the construction of the boat, for a mortgage, and for borrowed money, and the boat was sold ; on distribution of the proceeds — �Hdd, (1) That a contract to pay premiums on marine insurance is a maritime contract. �(2) That a mortgage on a boat is not a maritime contract, and must be post- poned to (a) claims for seamen's wages, and foreign supplies and repairs; (b) claims for supplies, repairs, and insurance furnished in the home part of the boat, for which the state law gives a lien, whether the same be furnished before or after the recording of the mortgage ; (c) construction claims for which, by the State law, a lien existed prior to the recording of the mortgage. �•Reported by J. c. Harper, Ksq., of the Cinciuuati bar. ��� �