FEDERAL REPORTER, voL 48.
Jltatute,ll-81t it had been conferred by itself, and consequently upon the same footing as 'all, maritime liens; the order of payment between them being detertniMbleupon its own principles."
in the case of The Madrid, 40 Fed. Rep. 677, 681, Mr. Justice LAMAR observes. that" this lien given by the local statute * * * is itself in the na.ture of a maritime lien;" that is, as the context shows, as respects and scope. See, also, The Wyoming, 35 Fed. Rep. 548, 550; The Menominie, 36 Fed. Rep. 197, 204; The N01ih Cambria, 40 Fed. Rep: 656. By anexceptionlll stated by Mr. Justice BRADLEY in The Lotfawanna, 21 Wall. 558, 580. to be anomalous, but founded upon colonial usage, the' authority of state legislation to establish a lien in rem for. the satisfaction of maritime contracts, or maritime torts, is recognized, (The J.1'. Warner, 22 Fed: Rep. 342,.345, and cases there and see Manchester v. MaBBaChmett8, 139 U., S: 240, 11 Sup, Ct. Rep. 559. But and anomalous is not to he extended beyond the mere allowance of alien, when (lonferred. The Sylvan Glen, 9 Fed. Repe 3&6. Amid .Bomewhatconflicting decisions, the weight of authority is, ltllink, to treat state liens, in respect to their 8tatus, scope, and effect, the same 8Sstrictly m/l.ritime liens, (The Madrid. BUpraj) and in effect, as Mr. Justice LAMAR observes, "in the nature of a maritime lien itself." While having, therefore,., similar .attributes and privileges,they must be to the sanle /¥l regards and the rights of lianoTS or bona fide as those maritime,liensw'hich they most resemble, to· any superior qualities or attributes sought to be imparted to them by state legislation. See cases. above On both the libel mnst be dismissed, with costa.
",... ·· j . . . . . ., . , ' .. "
THE ELEANOR et aZ.
17. THE THOMAS
(Distrtct CQ14r4D. South CwroZina. J8.Ilu1l1715i 1892.)
'A.choonar worth N5;OOO,with a.cargo worth15,OOO"bouod from New York to Geol'getown, S.C., off FryingcPan. shoals, discovered an apparently aban.,,:,doned v.essel, water,.19ggeq, \loud witQ.ber cargo of Washing about her deck. . · ' .The Bchoonllr lay by' het .all night,. and, thll next day her to Georgetown. ..·. 'bar. Finding that shecauld not crosB: the bar, the llJa.&terof the schooner procuredtwo.tugs wenton:tlle lumber vessel with a orew, and had her towed to ,Charleston. Neither life ,llor Property of salvora was in any danger. The vessel Was sold for her ca1'go;to.r .1,1I0Q. Hetd, that the barborexpen.ses, pUotage,barbor towagel wharfage, etc.; be charged to the ship, the layage . and expense of disoharglDgtbe cargo to'theoargo; and .that 8900 sbouldbe allowed " 'as salvage. , .""
fact that the master of the lumber vessel had not abandoned her finally, but had gone to seek the assistance of a tug, and had taken his crew because he thought it dangerous to leave them there without a boat, was immaterial to the amount of the recovery, as the rule of a generous recompense would be applied, as in all other cases of salvage.
In Admiralty. Libel for salvage. J. N. Nathan, for Ii belant. G. D. Bryan, for respondent.
Decree for libelant.
SIMONTON, J. The Eleanor, a three-mast schooner, valued at$15,000, witb a cargo valued at about $5,000, was on her regular voyage from New York to Georgetown, S. C. On 2d October last, when off FryingPan shoals, about 12 M., she sighted the schooner Thomas W. Haven, and bore down on her. The schooner was in 9 fathoms water, about 25 miles from land, loaded with lumber, under deck 153,000 feet, and on deck 87,000 feet, water-logged, sails flapping, some halyards cut, batches afloat and drilting, deck-load loose and washing about the deck. Not being able to get aboard of her that day, the master of the Eleanor lay along-side that night, and the next day boarded her. He found no one and no provisions. aboard, no boats, no charts or nautical Concluding that she was derelict, and with reason, (The Ann L. Lockwood, 37 Fed. Rep. 233,) the master of the Eleanor put his mate and two . men aboard, and, taking her in tow, proceeded on his way to Georgetown.The Haven steered badly, as she was full of water, and. pitching Another and a stronger .one was bent, and about, parted the they reached Georgetown bar without incident the next morning. Finding that the Haven could not cross that bar, the master of the Eleanor secured the services of two tugs, the Brewster and the Congdon, and, leaving his own vessel in charge of his mate and the pilot, he went on the Haven with a small crew, and was towed to Charleston by the tugs. That port was reaehee in With the exception of a choppy sea and swell the first day, and a fresh breeze between 10 and 2 o'clCJck on the last night, the weather was fine. Although the Haven was found apparently abandoned as stated, her master says that he left her to seek the assistance of a tug; that he took his whole crew, because he had but one boat, and did not like to leave anyone on board so far from land; that landing at Little rivAr he got conveyance to Smithville, hired a I tug, and went out in senrch of his schooner. and could not find her. It is not necessary to go into the question whether the Haven was really derelict. Whether·derelict or not, the salvage award will not depend on any fixed rule of proportion. It will be reached as in every other case of salvage, (Post v. Jones, 19 How. 161,)-11. generous recompense to the salvors, so as to encourage them and also to stimulate others. The service is the relief of property from an impending peril of tlwsea. HUg1anity induces tile relief, wh,ether the value of the property bee grellt Qr .sroall. The merit consists in the relief, not in themligni. tude of the property salved. The Pomona, 37 Fed. Rep. 444. The conduct of the salvors, and their motives, so far as they can be gathered
from their cond1Jct, enter largely into the estimate of the reward. The and had every reason to think, that the property was derelict. In this case there was no danger to life incurred or averted. Ahd the salving vessel was at no time placed in peril. With great propriety she went at once to a vessel evidently in distress, and when she found her helpleRs, and apparently abandoned,lay by her all night, and the next day took .her in safety. The gross value of .cargo and vessel have been ascertained by sale,-cargo at $1,500; vessel aUl,950. Certain harbor expenses have been incurred, and the cargo has been disThe harbor expenses, pilotage, harbor towage, wharfage. etc' l be chal'ged to the vessel; layage and expenses attending discharge of cargq, to the cargo. Salvage award is fixed at $950, with costs, to between the gross value of the vessel and of the cargo.
: i'., : \ ·.
THE PEERLESS. 1 BVERS lIt
Oourt,S. D. New York. Ja.nuary 6, 1892.) .
CO;[MSION,...H.ELL GATE-EAST CHANNEL-DUTY TO ALTER COURSE IN' AC.CORDANCE WITnWHISTLE-RuLE 19. . . .
: .A·tug, With two sma.ll schooners in tow on a hawser, was going UP the east chan.nelat. Hell Gate with the first of the flood-tide, and was about in the middle of the '(hannel:. A steam-yacht, bound west, took the east channel to avoid meeting two sailing vessels, directly in front of her. On seeing the tug, the yacht gave one whistle and ported Iler helm. The tug immediately responded with one whistle. but did D,ot alter her wheel. As soon as the yacht saw that the. tug did Dot change hercoul'Se'she reversed, but too late to avoid the tug, which was sunk. Beld, that . the yap!lt bad the .right to take the east channel, and her navigation was without. fault; that the cause 01 the collision was the failure of the tJlg to alter ller course in accOrdance with the whistle, which there was nothing to prevent her from doing, IWod W-\,lIc(lllsequently solely the collision. .
'In Admiralty. Suit to recover damages caused by collision. dismissed ·. .Carpenter k Mosher, for libelants. Wing, ShQudy &: Putnam, for claimant.
'BROWN, J.At about 8 o'clock P. M. on June 26, 1891, the libelants' steim1-tugTh6mas Y. Boyd, while going up the easterly channel of Hell Go:tebetween tFlbod rock and the Astoria shore, in the first hour of the flood,.andhaving in tow, on It hawser of 40 fathoms; two small schooners, each' abo'l1t65 feet long, came in collision with the steam-yacht Peerless, b'tJllhd :west, at a. point a little below the line running from Hallet's Point light to ,the'northerly end of Flood rock. The stem of the yacht raIl inito:the,starboard"sideofthe tug. The force of the' blow', with the'
I1J:11lported'by Edward G.Benedict, Esq., of the New York bllil';' i