The Underwriter

Citations

• 119 F. 713
• 1902 U.S. Dist. LEXIS 286

Syllabus

<p>1. Maritime Liens—Repairs and Supplies—American Rule.</p> <p>Maritime liens for supplies and repairs are of ancient origin, and were recognized both in England and on the continent to bind both foreign and domestic vessels. Both have generally been bound upon the continent, and also by the admiralty law of England, but such law was denied enforcement by writs of prohibition from the English common-law courts in the case of foreign and domestic vessels alike. In the American, admiralty law there has been a general tendency to hold a vessel liable for her repairs and supplies, unless the owner, to the knowledge of the furnisher, has declined to allow the lien. This general and imperfectly developed rule is subject to exceptions, presumptions, and counter presumptions. Where the owner, to the knowledge of the furnisher at the time of supply, refuses to allow the lien to arise, it does not exist or is deemed to be waived.</p> <p>2. Same—Construction of Charter—Notice of Limitation of Master’s Authority.</p> <p>A charter party providing that the charterer shall provide and pay for all the coal used by the vessel, and that the master, although appointed by the owner, shall be under the orders and direction of the charterer as regards employment, agency, or other arrangements, is not merely a contract between the parties which binds the charterer to reimburse the owner for coal paid for by the latter, but is also a limitation on the authority of the master to bind the owner or the vessel for such supplies; and no lien upon the vessel exists in favor of a libelant who supplied coal on the order of the master in a foreign port, but which was not a port of distress, and was merely across the river from the home port, where the owner resided, and no actual necessity was shown for pledging the credit of the vessel, and where libelant knew the vessel to be under charter, and was put upon inquiry as to the terms of the charter.</p> <p>¶ 1. Maritime liens for supplies and servi