Page:Federal Reporter, 1st Series, Volume 9.djvu/789

 774 FEDERAL REPORTER. �HiLL, D. J. The vessel having been sold, the questions presented in this cause arise upon the claims and priority of the different libel- lants and intervenors. Most of the claims being strictly maritime liens, and the costs having been adjusted and paid, need not be f urthei' considered. The claim of Quackenmeyer is for money advanced to the owners with which to enable them to pay in part the purchase money for the vessel, under an agreement that for the sum of $500 so advanced said Quackenmeyer was to have the use of the bar on the boat in which to sell liquors and other commodities usually kept and sold in such bars, and was, further, to have bis passage and board on the vessel for 12 months thereafter. Four months after this contract was entered into the vessel was seized under process in this case. It is claimed that for the unexpired term, being eight months, the inter- venor is entitled to have paid him out of the funds in the regisfcry of the court, arising from the proceeds of the sale of the vessel, the sum of $333.33^, being two-thirds of the whole sum so paid, and that said sum is a lien upon said fund. This contract was a lease of the bar and its privileges for one year, paid in advance, and nothing more; it was not necessary for the running of the boat or the accom- modation of its passengers. �The claimant became the owner for the time of that amount of space on the vessel in which to carry on his avocation, out of which he expected to make money. His passage on the vessel, and his board upon it, were incidents to the contract. He cannot be considered as a passenger on the vessel, and entitled to any superior rights than the owners or master ; indeed, he was for the time a limited owner of the space occupied by him. The money advanced by him was applied to payment for the boat itself, and not for the purchase of supplies, or any other purpose necessary for the repairs or running of the vessel, so that he does not occupy the position of a materialor supply'man. If he has any remedy, it is upon the implied warranty of the owners that the privilege would continue for the time stipula- ted. If any such warranty can be inferred, certainly it created no lien upon the vessel or the proceeds, which stand in the place of the ves- sel, consequently this claim must be disallowed. �The claim of the Yazoo Oil Mills is for money advanced to the offieers of the boat with which to purchase ootton seed, to be shipped to the oil mills. The seed was not purchased, or the money ad- vanced refunded. Had the seed been purchased and placed on the boat, it would have become bound for the delivery, and liable for a failure to do so ; but, until that was dgne, the oiScers of the boat who ��� �