24. No lien exists for dead freight. 15 East, 547; 3 Maule & S. 205. The lien attaches only for freight earned. 3 Maule & S. 205 ; Ware, Dist. Ct. 149; 2 Brev. No. C. 233. The lien is lost by a delivery of the goods, 6 Hill, N. Y. 43 ; but not if the de livery be involuntary or procured by fraud. 6 Hill, N. Y. 43. So it is by stipulations in ' consistent with its exercise, 17 How. 53; 10 Conn. 104 ; 6 Pick. Mass. 248 ; 4 Barnew. & Ald. 50 ; 4 Mann. & G. 502 ; 4 Bingh. 729 ; 3 Barnew. & Ald. 497; 32 Eng. L. & Eq. 210: as, by an agreement to receive the freight at a, day subsequent to the entire delivery of the goods,—a distinction being, however, ta,ken between the unloading or arrival of the ship, and the delivery of the goods. 1 Sumn. C. C. 551; 18 Johns. N. Y. 157 ; 14 Mees. & W. Exch. 794 ; 2 Sumn. C. C. 589 ; 5 Maule & S. 180 ; 10 Mass. 510.
A third person cannot take advantacre or the existence of such lien. 3 East, 857 A vendor, before exercising right of stoppage in transitu, must discharge this lien hy pay ment of freight. 1 Parsons, Mar. L. 350 ; 15 Me. 314 ; 3 Bos. & P. 4g.
25. Master's Lien. In England, the mas ter has no lien, at common law, on the ship for wages, nor disbursements. 9 East, 426 ; 33 Eng. L. & Eq. 600 ; 1 Barnew. & Ald. 575 ; 5 Dowl. & R. 552 ; 6 How. 112.
But now, by the one-hundred-and-ninety first section of the English Merchant Ship ping Act of 1854, it is provided that "Every master of a ship shall, so far as the case per mits, have the same rights, liens, and reme dies for the amount of his wages, which, by this act, or any law or custom, any seaman, not being a master, has for the money of his wages." And it has been properly held by Judge Sprague, o4he United States district court, that this lietl'of the master on an Eng lish vessel may be reinforced in the admi ralty courts of the United States, 22 Bost. Law Rep. 150.
26. In the United States, he has no lien for his wages. 2 Paine, C. C. 201 ; 8 Serg. & R. Penn. 18 : 1 Pet. Adm. 223; 11 id. 175; 3 Mas. C. C. 91 ; 14 Penn. St. 34 ; 18 Pick. Mass. 530. This does not apply to one not master in fact. Bee, Adm. 198. As to lien for disbursements, see 2 Curt. C. C. 427; 14 Penn. St. 34 ; 11 Pet. 175. He may be sub stituted if he discharge a lien. 1 Pct. Adm. 223 ; Bee, Adm. 116 ; 3 Mas. C.C. 255. But he has a lien on the freight for disbursements, 4 Mass. 91 ; 11 id. 72 ; 5 Wend. N. Y. 315 ; 18 Pick. N. Y.1530 ; for wages in a peculiar case, Ware, 149 ; and on the cargo, where it belongs to the ship-owners. 14 Me. 180. He may, therefore, detain goods against the shipper or consignee, even after payment to owner, if the master give reasonable notice.
11 Mass. 72 ; 5 Wend. N. Y. 315 ; 4 Esp. 22. But see 5 Dowl. & R. 552. The master may retain goods till a contribution bond is signed. 11 Johns. N. Y. 23 ; 2 Sandf. N. Y. 55 ; 11 Me. 150 ; 13 id. 357.
27. The seamen's lien for wages attaches to the ship and freight, and the proceeds of both, and follows them into whosoever hands they come, 2 Sunni. C. C. 443 ; 2 Parsons, Mar. L. 579 ; and lies against a part, or the whole, of the fund, 3 Sumn. C. C. 50, 286 ; but not the cargo. 5 Pet. 675. It applies to proceeds of a vessel sold under attachment of a state court. 2 Wall. C. C. 592, overruling 1 Newb. Adm. 215.
This lien of a seaman is of the nature of the prioilegium of the civil law, does not de pend upon possession, and takes precedence of a bottomry bond or hypothecation. 2 Par son, 1Vlar. Law, 581, and eases cited ; 15 Bost. Law Rep. 555 ; 16 id. 204 ; Ware, Dist. Ct. 134. Taking the master's order does not destroy the lien. Ware, Dist. Ct. 185. And see 2 Hagg. Adm. 136. Fishermen on shares have it, by statute. Generally, all persons serving in a way directly and materially use ful to the navigation of' the vessel. Gilp. Adm. 505 ; 2 Ventr. 181 ; 3 Hagg. Adm. 376 ; 2 Pet. Adm. 268 ; Ware, Dist. Ct. 83 ; 1 Blatchf. & II. Adm. 423 ; 1 Sumn. C. C. 384 ; 1 Ld. Raym. 397 • 2 Strange, 858. A woman has it if she per'forms seaman's service. 1 IIagg. Adm. 187; 18 Bost. Law Rep. 672 ; 1 Newb. Adm. 5. It lies against ships owned by private persons, but not against gpvern ment ships employed in the public service. 9 Wheat. 409 ; 3 Sumn. C. C. 308.
28. A ship broker, who obtains a crew, has been held to have a lien for his services and advances for their wages. 1 Blatchf. & H. Adm. 189.
Stevedores have no lien. Olcott, Adm. 120; 1 Wall. Jr. 370.
Material men have a lien by admiralty law. They are those whose trade it is to build, repair, or equip ships, or to furnish them with tackle and provisions necessary in any kind. 3 Hagg. Adm. 129. In regard to foreign ships, it has been. lately held that material men have a lien ou the ship only when the supplies were necessary and- could be obtained only on the credit of the ship. 19 How. 359. The lien for repairs continues only as long as they retain possession, on do mestic ships, Wright, Ohio, 660; 4 Wheat. 438 ; 1 Stor. C. C. 68 ; and is gone if posses sion is left. 14 Conn. 404 ; 4 Wheat, 438 ; 4 Wash. C. C. 453 ; 1 Parsons, Mar. Law, 492, n. And see 11.