Grand River times. [volume] (Grand Haven, Mich.) 1851-18??, 1851-10-29
JUDGE MILLER'S OPINION.
UNITED STATES DISTRICT Court Room,
WISCONSIN, October IA, 1851.
Daniel P. Putney, In Admiralty.


This vessel was attached by the Marshal, in
pursuance of process issued from this Court, up
on the libel herein filed, praying condemnation
and sale, to satisfy the demand of this libellant,
for materials furnished and work done, in neces-
sary repairs ut the port of Racine, within this
District
The Sheriff of Racine County, without sub
hitting himself to the jurisdiction of this Court,
filed his petition in the form of an answer, set
ting forth, that previous to the service OF the
process in this case by the Marshal, he had at
tached and reduced into his possession this ves-
sci, BY virtue Of an attachment or warrant issu-
ed from Court In this State in the County of
Racine, at the suit of one Thomas w. Secor, in
pursuance of law of this State for the collect
ion of debts and demands against boats and yes.
sells navigating the waters thereof. That the
several demands Of said Secor and of this libel
liant were contracted within this State; and that
both these persons are citizens of this State (;
and that this vessel was built and is owned with
in this State. He therefore prayed that this ves-
sci be surrendered into his possession. These
facts were conceded by the parties at the trial.
Where, by the local law, lien is given to
material men for supplies, repairs and other nec-
essaries furnished in home port, it is well set
tied doctrine Of our maritime Jurisprudence, that
such lien may be enforced in the admiralty by a
suit IN rem. The lien created by the State law
is regarded as in its nature maritime, and is
therefore recognized in courts of admiralty and
enforced by admiralty process. The principal
reason or necessity for such lien is the better
security Of the material man-and it is subject
of local legislation, induced by local policy, and
not absolutely necessary for the consideration
of the national courts. The General Smith, A
Wheat, 438 the st. Jago de Cuba 9 i'd, 409;
Peyroux y. Phebus, / i'd, l75; The Jerusalem,
2 Gall, 345 Davis .. n New Brig, Clip. Rep,
473 to 487; Harper q. the new Brig, i'd, 536.
A lien at common law is right in one man
to retain that which is in his possession belong
ing 10 another, till certain demands of him in
possession are satisfied. Liens are also created
by statute such as the liens of judgment upon
real estate. In maritime law, liens exist inde-
pendently of possession or statute, and are Ell
ther actual or constructive.
The question, whether the law of this State,
for the collection of demands against boats and
vessels, confers lien for the debts or demands
therein specified, is here properly presented to
this court. A similar question has been moot
ed in this court, and in the courts of other dis
tricts, in regard to this law, and similar laws of
other States In the States of New York, Penn
sylvania and Maine, local laws exist, creating
lien in favor of material men and mechanics up
on domestic vessels In the statutes Of New
York and Maine the lien is expressly conferred
by the Pennsylvania statute vessels are made Ii
able and chargeabe for materials and work in
their construction until they sail or leave port
and these demands must be first paid. Davis
A new Brig, Clip. Rep, 473 to 4S7; Harper y.
A New Brig, i'd, 536. The statute of this State
is more general than any Of those statutes. 1t
provides that every boat or vessel, used in nav
igating the waters Of the State, shall be liable
for all debts contracted by the master, owner,
agent or consignee thereof, on account of sup
plies furnished for the use of such boat or ves-
sci, on account of work done or services render
ed on such boat or vessel, or on account Of la
Dor done or materials furnished by mechanics,
tradesmen or others in and for building, repair
ing, fitting out, furnishing or equipping such
boat or vessel; for all sums due for wharfage
or anchorage Of such boat or vessel within the
State; for all demands or damages accruing from
the non-performance or NAL performance Of any
contract of affreightment, or any contract touch
ing the transportation of persons or property
entered into by the master, owner, agent or con-
signee of the boat or vessel on which such con-
tract is to be performed; and for all injuries
done to persons or property by such boat or
vessel" "Any person having demand as afore-
said, instead of proceeding for the recovery
thereof against the master, owner, agent or con-
signee Of boat or vessel, may, at his option,
institute suit against such boat or vessel, by
name;" by filing in the Clerks Office a CON-
plant against such boat or vessel by name, and
obtaining therefrom warrant commanding the
Sheriff to seize the boat or vessel mentioned
Justices of the Peace are also authorized to adj
minister this law in cases within their jurisdic-
ion. This law creates liability on the part of
boats and vessels navigating the waters of the
State, to suits for the demands therein stated
md limits those suits to one year after the
,ause of action shall have accrued. Neither the
erm lien, nor term of like import as charged
Jle OCCURS in the statute. The laws of the
States referred to create q lien for supplies, but
his law extends to demands for damages accru-
nc from the non-perfOrmance or mal-perform-
lDce of contracts of affreightment, and contracts
.ouching the transportation of persons and prop
,rty, and injuries done to persons or property,
)y boat or vessel. If the demands of the ma
erial man and mechanic were alone provided for
is iu these other State laws, it would be right
md proper to construe this statute as favorably
rs possible for their protection; but their de-
nands are in the same category with all the 9TH
sr causes of liability.
1t has always been the policy Of the courts of
his country to discourage secret or uncertain
lens as prejudical to the transfer Of property,