for the protection of foreign seamen and vessels in our ports, and the case at bar illustrates the vicious practices to which he alludes. The plaintiff in error is guilty of enticing men to abandon employ· ment for which they were engaged, and to remain idle at his board· ing house until after the Invergarry had gone to sea, thereby caus· ing expense to the ship, and loss of time and wages to the men, while he doubtless profited by shipping them on other vessels. Such acts are reprehensible, and prejudicial to all classes of persons connected with the shipping interests of the country. But the evil of permitting such offenses to go unpunished is not greater than the demoralizing effect of a decision which adds to or takes from the law. If the laws which we have are found to be insufficient, when fairly interpreted, congress should be called upon to amplify them. Judgment reversed, and cause remanded, with directions to dis· charge the defendant.
THE CHILIAN. GODWIN et at v. THE CHILIAN. (District Court, S. D. New York. October 81, 1893.'
MAIUTmE LIEN CREDIT. CHARTERED VESSEL CUSTOMHOUSE ENTRY PERSONAL
Where services were rendered and moneys paid out by customhouse brokers in entering the British steamship C. at the customhouse in behalf of known charterers, who were required to pay such fees, and the service was rendered in accordance with a long course of dealings with the charterers, and no demand was ever made therefor against the master, owners, or their agents, held, that the brokers acted on the personal credit of the charterers, and that no maritime lien arose upon the ship. The Kate, 56 Fed. Rep. 614, followed.
In Admiralty. Libel to enforce an alleged lien for entering yes· . eels. Dismissed. Hess, Townsend & McClelland, for libelants. Convers & Kirlin, for defendant. BROWN, District Judge. The libelants, as 'customhouse oroKers, tleek to recover for services, and moneys paid out, in entering the British steamship Chilian in this port on February 7, 1893. 'Che Emily Souder, 17 Wall. 666, 670. The steamer was at that time in the possession of the United States & Brazil Mail Steamship Company, being operated by them under a time charter, which required the company to pay all entrance fees of the ship. The libelants were the general customhouse brokers and agents of the company for entering all the company's vessels, whether belonging to the com· pany, or chartered by it. The Chilian was entered in the ordinary course of the libelants' employment, and the bill therefor was reno dered to the company, and against the company only. At the time of the entry, the master was present, because his signature was; by law, required to the entry; but the libelants were not in any way employed by him; nor were the master, the owners, or their agents, requested Qr expected to pay for this service. The libelants
understood that the Ohilian was under a time charter. They had previously been paid by the company for similar services to other vessels chartered by the company; and they either or would have learned on the least inquiry, that the company, by the charter of the Chilian, was bound to pay for the charges in question. Had the vessel been, in fact, looked to for payment, and a bill. therefor rendered either to the master or to agents of the owners of the ship in this port, the charges, if proper against either, would have been paid at once; for the agents of the vessel, it is proved, had abundant means in their hands to discharge all the ship's obligations. The bill was not presented to either, because neither was expected to pay it, but the company only. Under such circumstances, this court has uniformly held the servo ices to have been rendered on the personal credit of the charterer; and that no lien arises upon the vessel, or any claim. upon her owners. See The Kate, 56 Fed. Rep. 614, and cases there cited. The libel must be dismissed, with costs.
rrHE VIGILANCIA:. THE ALLIANCA.. THE ADVANCE. :AMMON et at Y. THE VIGILANCIA. SAME Y. THE ALLIANCA.. SAME Y. THE ADVANCE. I (District Court, S. D. New York. November 2, 1893.)
MUI'l'nIE LIEN-SUPPLIES-WHAT DELIVERY CREATES LIEN.
There can be no delivery to the ship, in the maritime sense, either 01 supplies or cargo, so as to bind her in rem, until the goods are either actually put on board the ship, or else brought withiD the immediate presence or control of her omcers.
GOODS DELIVERED TO TRUCKMAN IN FOREIGN PORT-
A steamship company was organized under the laws of New York, .and Its ships were docked In Brooklyn, the home port. Libelants, at Jersey City, delivered such supplies of oleomargarine as were ordered from time to time by the' steamship company to trucks employed by libelants, which transported the supplies to the ships. 'Ibe sale of oleomargarine Is prohibited by the laws of New York. On the failure of the steamship . company, libelants claimed that as the supplies had been delivered at Jersey City, to which port the ships were foreign, the title to the supplies passed there, and that & maritime lien was thereby created on the vessels. Hel(J, that the place where the ships lay was the test of the place of supply, and that the supply was not complete until the delivery to the ships where they lay, and, as this was in their home port, no maritime lien was created thereby.
SAME-HOME PORT PLACE 01.1' SUPPLY.
In Admiralty. Libels in rem for the value of supplies furnished. Dismissed. Hyland & Zabriskie, fOlI' libelants. Oarter & Ledyard, for claimant.
· Reported b7 E. G. Benedict, Esq., of the New York bar.