In Maine, the lien attaches to the vessel while building, and continues for four days after she is launched; and if the materials are sold on a credit which reaches beyond the four days, there is no lien. (r) The materials must actually go into the ship, and make a part of it when finished. (s)
In Massachusetts, under the Statute of 1855, it has been held, that the materials must be specifically furnished to be used in a particular vessel, in order to give a lien on that vessel; and it is not enough that they were so used, if not furnished for that vessel. (t) And a petition cannot be filed in the State court until the sum has remained unpaid sixty days after it was due. (u) But this is not so in admiralty. (v) Under the Massachusetts Statute of 1848, the term "construction" has been held to extend to alterations of a vessel. (w)
In New York, the lien of the builder attaches only when the fabric assumes the form of a ship, (x) and the creditor loses his lien by permitting the vessel to sail without enforcing it; but sailing on a trial trip only is not a departure with this effect. (y) Nor is it one if she leaves the State fraudulently; at a time when * not legally liable to arrest. (z) Wood for fuel is held in New York not to be included in the term "supplies,' (a) but to come within the term "stores." (b)
In Missouri, the hire of a barge by the owners of a steamer, the
(q) The Eliza Jane, Sprague, 152.
(r) Scodder v. Balkam, 40 Maine, 291. See also The Kearsarge, Ware, 2d ed. 546, 550.
(s) Taggart v. Buckmore, 21 Law Rep. 51. See also the Young Sam, U. S. C. C, 20 Law Reporter, 608; Sewall v. The Hull of a New Ship, Ware, 2d ed. 565; The Kearsarge, 2 Curtis, C. C. 421. The statute does not embrace tools used by the workmen: The Keanarge, Ware, 2d ed. 546; nor materials furnished for the moulds of the ship: Ames v. Dyer, 41 Maine,397.
(t) Rogers v. Currier, 13 Gray, 129. But see The Antarctic, Sprague, 206.
(u) Trier v. Currier, 10 Gray, 54.
(v) The Richard Busteed, Sprague, 441.
(w) The Ferax, Sprague, 180.
(x) Phillips v. Wright, 5 Sandf. 342.
(y) Hancox v. Dunning, 6 Hill, 494.
(z) The Steamboat Joseph E. Coffee, Olcott, Adm. 401.
(a) Johnson v. 8teamboat Sandusky, 5 Wend. 510; The Fanny, cited Abbott, Adm. 185.
(b) Crooke v. Slack, 20 Wend. 177; The Alida, Abbott, Adm. 173,165.
barge being necessary for her equipment, is regarded as a "material " for which there is a lien. (c)
In Michigan, there is no lien for supplies furnished while a vessel is building. (d)
If repairs are made or goods supplied on a credit, it has been said that the credit prevents a lien. (e) But this is not necessarily the case, nor would it be true unless the credit were in its nature inconsistent with the lien, or destructive of it. (f) If a laborer employed generally, by one engaged on a vessel, works sometimes on the vessel and sometimes elsewhere, he has no lien for that part of his work given to the vessel. (g)
The lien, whether given by maritime law or by a State statute, may be enforced against the vessel, although she is owned by government; and in the same way as if she were owned by a private citizen. (h)
Formerly, all who had a lien on a ship by a State statute might, on the authority of many decisions, enforce that lien in the admiralty courts sitting in that district Recently, however, by a rule of the Supreme Court, the right of action in case of supplies, repairs or other necessaries furnished to a domestic ship, has been confined to a proceeding in personam. (i)1 It may be said generally, that this rule of the Supreme * Court, which gives a lien to material men for supplies or repairs, or other
(c) Amis v. Steamboat Louisa, 9 Mo.
621; Gleim v. Steamboat Belmont, 11
(d) Lawson v. Higgins, 1 Mann. Mich, 225.
(e) Zane v. The Brig President, 4 Wash. C. C. 453.
(f) Peyroux v. Howard, 7 Pet. 824, 344; The Brig Nestor, 1 Sumner, 73, 80; Remnants in Court, Olcott, Adm. 382; The Keanarge, Ware, 2d ed. 546; The Antarctic, Sprague, 206; The Sam Slick, Sprague, 289.
(g) The Calisto, Daveis, 29; s. c. nom. Bead v. Hull of a New Brig, 1 Story, 244.
(h) The Revenue Cutter No. 1, U. S. D. C, Ohio, 21 Law Reporter, 281. In Briggs v. A Light Boat, Sup. Jud. Ct. Mass. 1863, it was held, where a light boat was built under a contract with the government, the title not to vest until the vessel was completed and accepted, that a lien was created while building, and the government took her subject to the lien. (i) The 12th Admiralty rule which went into effect May 1, 1859, provides that "In all suits by material men for supplies, or repairs, or other necessaries for a foreign ship, or for a ship in a foreign port, the libellant may proceed against the ship and freight in rem, or against the master or owner alone in personam. And the like proceeding in personam, but not in rem. shall apply to cases of domestic ships, for supplies, repairs, or other necessaries." 21 How. p. iv. In Magnire v. Card, 21 How. 251, the court, after mentioning the new rule, said: "We have determined to leave all these liens depending upon State laws, and not arising out of the maritime contract, to be enforced by the State courts." See also, for the reasons and objects of the new rule, The Steamer St. Lawrence, 1 Black, 522.
1 Hayford v. Cunningham, 72 Me. 168, reviews the fluctuating opinions held by the United States courts on the jurisdiction of admiralty courts oyer hens given by State statutes tor labor and materials furnished to vessels.
necessaries, by its very language, confines this proceeding to material men. And it has been held, as an effect of this limitation, that where the law of a State gave this lien to a wharfinger, yet, because he was not a material man, admiralty could not enforce his lien. (j)
It must be true, however, that admiralty courts, in applying statutory provisions and enforcing liens created by them, would be governed by the terms of the statute; (k) but although the case might not come within their jurisdiction except by force of the statute, in construing its terms where they were at all doubtful, they would be influenced by the principles of admiralty jurisprudence, which are always those of equity. (l)
It may be convenient to add, that a person who lends money for the use of a foreign ship, has the same lien in admiralty as a material man. (m) But stevedores, (n) or persons employed to see to a vessel's safety, ventilation, etc, (o) or to scrape her bottom preparatory for coppering, (p) or for other similar labor, or having charges against a vessel for advertising, (q) or for services as ship-broker in making or drawing contracts, have no lien. (r)
As the word "necessary" constantly occurs in determining this lien, it may be said that admiralty regards it as necessary in the sense which suffices for this lien, if the repairs or supplies * were such as a careful or prudent owner would make or supply to his own vessel. (s)