CHAPTER VI.

PART I.-NECESSARIES.

PART II.-LIEN'S ON

VESSELS.

III.-BARRATRY. PART IV.-MARITIME LAW OF NATIONS.

PART

PART I.-NECESSARIES.

Although the owners are bound by the master's contracts for fitting out and provisioning the ship, the persons furnishing supplies for such purposes have no maritime lien on the ship for same. (1)

A master may borrow money on the owner's credit for cash paid out and repairs, which are necessary to enable the ship to prosecute her voyage. (2)

But the master has no such power as above, where he can communicate with his owners, or his owner's agents without the delay being seriously against his owner's interests. (3)

To prove a claim against the owners under above cases the claimant must show the clear or presumed necessity of the repairs or supplies that such repairs or supplies were reasonably fit and proper under the circumstances. (4)

There must be nothing in any of above cases against the ordinary presumption that the master acted under his owner's authority. (5)

A master may borrow money on the credit of his owners to procure supplies necessary for the use of the ship while wind-bound. (6)

A lender is not required to see to application of the money lent, but he must prove the necessity of the loan at the time it was made, as otherwise the master will alone be liable. (7)

A master has no authority to borrow money on the owner's credit

to pay for repairs or supplies already provided on credit, or to pay a debt for which the owner was already liable. (8)

In the United States the master has authority to borrow money to pay for necessaries to be bought or already purchased. (9)

Where a steamboat is in the possession of the mortgagees, who navigated her for their own benefit to secure their advances, and she was wrongfully taken possession of by the captain, who received the profits arising from her for his own use, the owner is not liable for goods furnished for the vessel while in the wrongful possession of the captain. (10)

In an action for goods supplied for a vessel at the request of the master of the vessel, it must be proved that the owners employed the master. (11)

Where a vessel is chartered the owner is not liable for supplies furnished to the person chartering or at the request of his agents, unless there is an express agreement to that effect between the owner and charterer. (12)

Where stewards of vessels contract to furnish certain supplies, no absolute rule can be laid down as to the liability of the owners for same. Each case must depend upon its own facts. Where the merchants supplying the goods knew of the contract the owners would not be liable; but otherwise he would be liable, if the merchant understood the stewards were acting as the owner's agents. (13)

A person buying a ship is not liable for necessaries delivered after the transfer, even if they were ordered by the former owner or master before the sale.

A creditor has a double remedy by proceeding either against the master who made the contract or the owner for whom it was made.

Where a person at the request of the managing owner of a vessel makes certain repairs to her not knowing at the time that some other parties owned shares in her all the owners are jointly liable for such repairs. (14)

Where one part-owner of a ship takes possession of her and expends

in repairs more than her earnings, the other part-owner is not bound to contribute to the payment of the difference. (15)

NOTES.

(1) The Pacific Br. and L. 243; The Two Ellens, L. R. 3 Adm. 356; Kay M. and S. 481.

(2) Kay M. and S., 483.

(3) Arthur v. Barton, 6 M. and W. 143; Beldon v. Campbell, 6 Ex. 890 ; Kay M. and S. 486.

(4) Webster v. Seekamp, 4 B. and Ald. 352; Arthur v. Barton, 6 M. and W. 143; Cary v. White, 1 Bro. P. C. 284; Kent's Com. III. 230.

(5) Webster v. Seekamp, 4 B. and Ald. 352; Kent's Com. III. 229; Kay M. and S. 482.

(6) Edwards v. Havill, 14 C. B. 107.

(7) Mackintosh v. Mitcheson, 4 Ex. 175; Thacker v. Moates, 1 M. and Rob. 79; Kent Com. III. 163; Kay M. and S., 484-5.

(8) Beldon v. Campbell, 6 Ex. 886; Frost v. Oliver, 2 El. and Bl. 301; Kay M. and S. 485.

(9) Parsons Shipping, 1I. 16; Robinson v. Lyall, 7 Price, 592.

(10) Fraser v. Flint, 40 S. 12; Wilkes v. Flint, 40 S. 19.

(11) Hawn et al v. Roche, 27 C. P. 142.

(12) Lyman et al v. Bank U. C., 8 Q. B. 354.

(13) Cloy et al v. Tagues et al, 27 Q. B. 88.

(14) Harrison v. Harris et al, 1 C. P. 235.

(15) Baker v. Casey, 19 Chy. 537.

CHAPTER VI.

PART II.

LIENS ON VESSELS.

All civilized nations recognize the validity of maritime liens, and will enforce same when declared by a foreign court. (1)

A vessel attached to a wharf by the usual fastenings cannot be seized for the rent of the wharf. (2)

A vessel seized for breach of the revenue laws having been replevied from the collector, the writ of replevin was set aside. (3)

Diligence in entering and prosecuting a suit to judgment is rewarded by the Maritime Court by being allowed priority. (4)

Liens for wages, master's disbursements, pilotage, towage, salvage, and bottomry all come in under the general rule that the last in time is the first to be paid, if there is not enough to pay all, although there are exceptions to this rule.

The chief reason for the rule being, that the last claimants were necessarily instrumental in saving the ship and cargo for the former ones. (5)

Seaman's wages are always favored by the court, and have priority over all other claims, notwithstanding which became due first. (6)

A master's wages and disbursements come after the sailors' wages, and are before all other claims, even where the master is part-owner, except claims which he has made himself liable for as master. (7)

A master's claims therefore come after a mortgage if he has bound his own shares in same. (8)

Liens for pilotage and towage being generally the last claims incurred, are usually allowed after wages. (9)

A ship-carpenter's lien for repairs comes after all the liens on the vessel at the time he receives charge of the vessel, except mortgages. (10)

Liens for damages sustained by collision have priorty over wages, pilotage, towage, salvage, mortgages, and bottomry bonds. (11)

A noted writer on Merchant Shipping ranks liens in the following order:

"1. Wages of the mariners subject to subsequent salvage.

2. Damage and salvage claims subject to subsequent but not prior wages of which precedence is taken.

"3. The wages and disbursements of the master.

"4. The Bottomry bond holder.

"5. The possessory lien for necessaries supplied by a shipwright, acquired subsequently to the bond.

"6. Mortgagee.

"7. Claim for necessaries enforced by statute and by process in the Admiralty Court." (12)

Pilotage and towage bills usually come after wages and bottomry. (13)

In cases of general average, owners of cargo who have a liquidated claim for adjusted contribution against the ship have no lien on her for same under the law Maritime. (14)

A master can in cases of general average, enforce a lien on the freight for the contributions of the owners of the cargo. (15)

A lien on a ship covers the freight, and a lien on a cargo for the use of the ship also extends to the freight. )16)

NOTES.

(1) The Bold Buccleugh, 7 Moo. P. C. 267; the City of Mecca, 6 P. D. 106; 50 L. J., P. 53; 44 L. T. 750; 4 Asp. M. C. 412—C. A.

(2) Sanderson et al v. the Kingston Marine R. W. Co., 3 Q. B. 168.

(3) Scott v. McRae, 3 P. R. 16, C. L. Chamb-Robinson.

(4) The Saracen, 4 Notes of Cases 512; on appeal, 6 Moore P. C. 75; the W. F. Safford, 1 Lush. Ad. 69.