ABBOTT VS. BALT. A^D RAPP. STEAM PACKET CO. 545

follows the ship and its proceeds, in whose hands soever they
may come, by title or purchase—that it is preferred to all other
demands, and constitutes a sacred lien, which continues as long
as a single plank of the ship remains, and extends to the whole
amount of the compensation due the seamen.

The claims, therefore, of the seamen, in this case, are certainly
entitled to be paid out of the proceeds of the vessel, her tackle
and furniture, before all others, unless they have in some way
deprived themselves of the priority of payment, to which they
were so clearly entitled.

Authorities have been cited to show that a contract between
the crew and the captain, that the latter alone should be liable
for their wages, would be disregarded, as unconscientious, and
that, notwithstanding an express contract to that effect, the
seamen might resort to either the vessel or owners for payment.
The Chancellor does not think it necessary to decide this ques-
tion, for conceding that an express contract with the captain
that he, and he alone, should be liable to the crew for their
wages, would preclude the latter from having recourse to the
vessel and owners, he can see nothing in the evidence in this
case, which would restrict the crew to but one of the three rem-
edies which the law clearly gives them, in the absence of ex-
press contract.

It is not understood to be contended, that exemption can be
claimed for the vessel and owners from the demand of the sea-
men for wages, unless a contract to that effect can be establish-
ed, but it is contended by those who resist the claim of the
seamen in this case, that such a contract, like any other fact,
may be proved by circumstances, and that the circumstances of
this case are sufficient for that purpose.

There is not certainly in this case any direct evidence of a
contract that the hands employed in the vessel would look ex-
clusively to the captain for payment, and I have not been able
in the evidence to find circumstances sufficiently strong to induce
me to infer one. It is shown, to be sure, that two of the hands
knew of the engagement between the captain and the owners,
that the former would pay the crew, and furnish provisions for
46*