The Olga
| Decision Date | 29 June 1887 |
| Citation | 32 F. 329 |
| Parties | THE OLGA. [1] v. THE OLGA. REVERE COPPER CO. |
| Court | U.S. District Court — Southern District of New York |
Alexander & Green, for libelants, F. Mannberguer and others.
Olin Rives & Montgomery, for libelants, Tod and others.
Hobbs & Gifford, for American Ballast Log Co.
Wing Shoudy & Putnam, for Revere Copper Co., and wages, claims etc.
The proceeds of the vessel sold being insufficient to pay all the liens upon her, and the liens being diverse in character, they must be paid in the order of their relative rank under the maritime law.
The vessel is Italian, and the provisions of the Italian Code should, therefore, be observed by comity, as respects the claims of those on board the vessel, as among themselves, including the claim of the master. The Brantford City, 29 F. 373, 384, 385. As respects the liens arising upon the contracts made by the master within this jurisdiction, and the priorities of such liens in respect to all the claims on the ship, our own law, as the law of the place of the contract as well as of the forum, should, I think, prevail. There is no conflict of laws, however, in this case; since the Italian Code [2] expresses, I think, the general maritime law, as under stood and applied in the courts of this country, as to the relative rank of all the liens presented in this case.
The proceeds will therefore be distributed in the following order: (1) The taxed costs of the Revere Copper Company, upon whose libel the vessel was sold. (2) The port dues, as established by law. (3) The claims of the pilots for pilotage; also towage, if taken necessarily, and as part of a pilotage service, but not otherwise. The Mystic, 30 F. 73. (4) Claims for necessary provisions furnished for the support of the crew since the vessel's arrival in port, and up to the completion of the voyage and the discharge of the cargo. (5) Wages of seamen. As the fund is more than sufficient for the above claims, they will be paid in full. (6) In concourse with each other, to be paid ratably, since the residue of the proceeds will be insufficient to pay all, (a) bills for towage into port other than above stated in class 3; (b) stevedore's expenses of unloading cargo after applying the freight thereupon, which in this case is nothing; (c) other liens necessarily contracted by the vessel since her arrival in port, in completion of her obligations on the last voyage. (7) The bottomry and supply claims before the arrival of the vessel, in the inverse order of their several dates; the claims being independent, and not concurrent. (8) The master's lien for wages is recognized, as given by the Italian law; but it must be postponed, in case of a deficiency, to those liens which the master has himself contracted, and upon which he is personally responsible. As between him and the lienors to whom he is answerable, he cannot be allowed to withdraw the fund from the registry to their prejudice. The Selah, 4 Sawy. 40; The Velox, 21 F. 479. The bills being more than sufficient to absorb the residue, there will be nothing left for the master.
The necessary disbursements upon each...
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