The Ha Ha

Citations

• 195 F. 1013
• 1912 U.S. Dist. LEXIS 1705

Syllabus

<p>Maritime Liens (§ 30*)—Kbpaibs—Construction op Statute.</p> <p>Act June 23, 1910, c. 373, 36 Stat. 604 (U. S. Comp. St. Supp. 1911, p. 1191), provides that any person furnishing repairs and supplies to a vessel, foreign or domestic, shall have a maritime lien thereon, and it shall not be necessary to allege or prove that credit was given to the vessel; that (among others) any person to whom the management of thq vessel at the port of supply is intrusted shall be presumed to have authority from the owner to procure repairs, etc.; but that, if the furnisher knew or by the exercise of reasonable diligence could have ascertained that the person ordering the repairs was without authority to bind the vessel, then the act shall not confer a lien. Held, that such act supersedes all state statutes on the subject, and that one furnishing repairs to a vessel on the order of one who had been in possession of it for some time, claiming to be the owner, was entitled to a lien therefor, unless it was affirmatively shown that he had reason to make inquiry as to the authority of such person, and that such person did not have authority, or that he had waived a lien.</p> <p>[Ed. Note.—For other cases, see Maritime Liens, Cent. Dig. §1 37, 38; Dec. Dig. § 30.*</p> <p>Waiver and extinguishment of maritime lien, see note to The Nebraska, 17 C. C. A. 102.]</p>