681

Case No. 4,468.

The EMMA V.

[2 Hask. 374.]1

District Court, D. Maine.

Dec. 1879.

MARITIME LIENS—SERVICES OF CARPENTER IN FOREIGN PORT.

A maritime lien attaches in favor of carpenters for services in lining a vessel to prepare her for receiving cargo.

In admiralty. Libel in rem promoted by six carpenters to recover wages for services performed in lining a freight vessel, not in her home-port, to make ready for taking in cargo. The owners made claim, and answered that one Dimmock employed the libellants and had received payment for their services.

James O'Donnell, for libellants.

Thomas H. Haskell and Nathan Webb, for claimants.

FOX, District Judge. I am satisfied from the evidence that the libellants made no contract to labor for Dimmock, and that they did not rely upon his credit, but looked to the vessel for their wages. The service was necessary to enable the vessel to take in cargo, and incident to a completion of the voyage. It bears the same relation to the vessel as outfits and supplies necessary for ship's use, and, like these, is secured by lien upon the vessel. Decree for libellants.

1 [Reported by Thomas Hawes Haskell, Esq., and here reprinted by permission.]

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