The Surprise

Citations

• 129 F. 873
• 64 C.C.A. 309
• 1904 U.S. App. LEXIS 4100

Syllabus

<p>1. Maritime Liens — Supplies—Distinction between Cases Where Sup- . plies were Ordered by Owner and Where by Master.</p> <p>The rule restated that there is a broad difference, in the facts necessary to create a lien for repairs or supplies furnished to a vessel in a foreign port, between repairs or supplies ordered by the master, in which case, their necessity being shown, everything else is presumed in favor of a lien; but, when they are ordered by the owner, whether registered or pro hac vice, while there may be an agreed lien under the modern American rule, there is no presumption in its favor.</p> <p>2. Same — Supplies Ordered by Master — Necessity oe Consulting Owner.</p> <p>Where supplies furnished a vessel in a foreign port on the order of the master are such as are used in the ordinary navigation of the vessel, the necessity for which must have been known to the owner, there is not the same necessity of consulting the owner as where extraordinary expenditures are required.</p> <p>8. Same — Demised Vessel — Conditions oe Charter.</p> <p>It is immaterial, to the right to a lien for ordinary supplies furnished on the order of the master of a vessel being navigated by a charterer, whether or not there is a formal charter party expressly providing that the charterer shall make all disbursements and protect the vessel from liens, since that is an implied condition of every such charter.</p> <p>4. Same — Authority oe Master.</p> <p>The master of a vessel, although she is being navigated by a charterer who is bound to make all disbursements and to protect the vessel from liens, has authority, as representing, not only the owner and charterer, but also the crew and passengers and cargo, to procure the necessary wharfage at ports other than the home port, and also such provisions and other supplies as are necessary for immediate or everyday use in the navigation of the vessel. Those furnishing such wharfage or supplies on the credit of the vessel are entitled to a