Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1858-10-22
OFFECIAL.


Opinions 81 she supreme Court o. fae 80 M
a IrennsEsees dellEered az SaeA'o--s -
April Terms 1858.
Ths ovDsr Of TIE steamer james MeIausaan . E0' III
This was proceeding in tie CIRCUIT Soqrt o.
Shelby under the Act Of 1855 en-; - " sSgsS 'ne
steamer Jaaies Eaughiin % tne s4slslaelon .. oI
sfar dphfs 6re Potter, che dfendaut ~ errors Tor
-. 5 Soisisas furnished sid boat at different
t7ass bet-eeu the I1th Of February, 1857, and the
51,S - STsv Of the same year while running be-
teen he city Of Memphis and different points on
fbs Arkansas river. s.t---. -.--s..,.,
nae srst and principal question for our detsrmi
nation arises upon the chargeOf the Court Bis hon
or instructed the jury that recovery could only be
had BY the plaintiff for "such articles as were sat-
isfaotorily shown by the testimony to have been
furnished 70 the boat BY the plaintiffs at the request
Of the owner master, some agent Of the boat au-
thorized for that purpose, as were necessary 10 the
fitting, furnishing, or equipping Of the boati and
that this would embrace groceries and ProVssons Tor
the use Of, and to be consumed on the boat"
It Is srgued for the plaintiff 10 error, that the
remedy given By the statute does not extend 70
stores and provisions furnished for the use Of the
boat but only to such things as become part Of the
bost. ..-. ....-
The act provides. that ssWheneyer debt shall be
contracted By the master, owner, agent or consgnee
Of any Steam or Keel-Bost, within this State, by
and on account Of sny work done, or materisls, OF
articles furnished for or toWsrds the building, repair
ing fitting, JgrRishag or equipping sueh steam OF
Keel Boat; or for wages due to the hands OF said
atsan on Keel Boat such debt shall be lien upon
such steam or Keel Boat, her tackle and furniture
PRovIDEp. That such suit be commenced within
three months from the time said work is finished or
said materials OF articles are furnished, or said
n Is obvious, that the facility with which The
owners Of STEAMBOATS, could escape The service Of
legal process and eyade the payment OF debts con,
trScted for the use Of the boat led TO The enactment
Of this summary and sufficient remedy ana II Is
no less obvious as il seems TO us, that oebt Que
for stores and provisions supplied 70 the 3os is as
much within the reason and spirit Of the law, as
debt due for repairs fixtures or furniture, Orihe
wages Of hands.
An important part of the ordinary business of
srpam-boats, our waters, Is the carrying OF pas
senQers who are 10 be fed during the passage; are
likewise the oiicers and hands Of the boat. With
out store of necessary provsi nns, the boat is not
fitted or furBished for any pr1ctica purpose. Pro
visions are at least essential If not more than
beds, chairs. and otter furniture. And would It
not be most absurd to hold, that DEBT contracted
for furniture table ware or cooking utensils form a
lien upon he boat; but that d. bt for the e-sary
stores and articles Of food, not erae such henI
But upon the words Of the act, We think there can
be no doubt. The term FURNISHING" properly EN-
braoes stores for the of the boat and IS used,
in this connection was meant TO be so understood.
The Court did not err in rejecting the evidence
offered TO prove that during all the tine the supplies,
for which this suit is brought, we're furnished the
boat Was let under charter party, and that the
eharterer was bound to discharge the debts contract
ed BY or for the Of the boat during the period
Of the contract This contract was matter between
the parties with which the creditor Of the boat had
nothing to do. TheprooeediDg contemplated by the
statute is against the boat The SUIT, II is true, is
required by the fourth section Of the act, to be
against the owners Of the boat some one Of them;
but this is not for the purpose Of enforcing sasfac>
tion of the debt BY judgment against them person
ally but a MODE Of proceeding to subject the boat
itself to the discharge Of the debt. And it matters
not, whether at the time the debt was contrae ed,
the boat was in the possession and service of the
owners OF Of the parties to whom it was let, under
the charter party In either case the boat IS alike
liable for all debts falling within the first section of
the act.
A specification Of the items composing the debts
sued for in this case was not necessary under the
circumstances. PrOmissory notes were executed.
from tine 70 time for the various articles furnished
for the use Of the boat; ard they show upon their
faces that the consideration was for stores and pro-
visions supplied to the boat. This is a sufficient
specification of the items Of the demand, . 9efthe
second section Of the aot.-9 Humph, 629. .-H
There is no error in the judgment, and will be
affirmed. MokNNET
Tesr NJ. D. WEIGH, CLERK.