Benedict, Admiralty, sec. 285, is of opinion that the tendency of the authorities is to favor a stevedore's lien, but Judge Butler in The John Shay, 81 Fed. 216, after full consideration of authorities, held that in the home port stevedores have no lien.
Material men. By the civil law those who build, repair, or supply a ship have a lien upon the ship for the debt thus contracted. The subject of maritime liens on vessels, both foreign and domestic, for repairs, sup plies or necessaries (including use of dock or marine railways) is now regulated by the act of congress of June 23, 1910, which expressly confers such a lien. The general principles as theretofore existing were sum marized by Mr. Justice Bradley in The Roa noke, 189 U. S. 193, 23 Sup. Ct. 491, 47 L. Ed. 770 : "In this connection the following proposi tions may be considered as settled: "1. That by the maritime law, as adminis tered in England and in this country, a lien is given for necessaries furnished a foreign vessel upon the credit of such vessel; The General Smith, 4 Wheat. 438, 4 L. Ed. 609; The Grapeshot, 9 Wall. 129, 19 L. Ed. 651; general admiralty rule 12; and that in this particular the several states of this Union are treated as foreign to each other; The General Smith, 4 Wheat. 438, 4 L. Ed. 609; The Kaloranaa, 10 Wall. 204, 212, 19 L. Ed. 941.
"2. That no such lien is given for neces saries furnished in the home port of the vessel, or in the port In which the vessel is owned, registered, enrolled, or licensed, and the remedy in such case, though enforceable in the admiralty, is in personam only. The Lottawanna, 21 Wall. 558, 22 L. Ed. 654; The Edith, 94 II. S. 518, 24 L. Ed. 167. This is a distinct departure from the continental I system, which makes no account of the domi cile of the vessel, and is a relic of the prohi bitions of Westminster Hall against the court of admiralty, to the principle of which this court has steadily adhered.
"3. That it is competent for the states to create liens for necessaries furnished to domestic vessels, and that such liens will be enforced by the courts of admiralty under their general jurisdiction over the subject of necessaries. The General Smith, 4 Wheat.
438, 4 L. Ed. 609 ; Peyroux v. Howard, 7 Pet. 324, 8 L. Ed. 700 ; The St. Lawrence, 1 Black 522, 17 L. Ed. 180 ; The Lottawanna, 21 Wall. 558, 22 L. Ed. 654; The Belfast, 7 Wall. 624; The J. E. Rumbell, 148 U. S. 1, 12, 13 Sup. Ct. 498, 37 L. Ed. 345. The right to extend these liens to foreign vessels in any case is open to grave doubt. The Chusan, 2 Story 455, Fed. Cas. No. 2,717; The Lyndhurst, 48 Fed. 839." That act of congress was designed to re move the confusion existing in this important branch of admiralty jurisdiction. by substi tuting a single federal statute for conflicting state statutes without changing the general principles of maritime liens. It provides for a maritime lien on vessels, foreign or domes tic, for repairs, supplies or necessaries, use of any dock or marine railway. The lien Is enforced by a proceeding in rem; it need not be alleged or proved that credit was giv en to the vessel. The authority of the man aging owner, ship's husband, master, or any person intrusted with the management at the port to order the repairs, etc., is pre sumed. This includes officers and agents ap pointed by a charterer, by an owner pro hoc vice, or by an agreed purchaser in pos session of the vessel ; but if the person fur nishing the repairs, etc., knew, or could by reasonable diligence have ascertained, that the person ordering repairs, etc., had no authority, there is no lien. The act express ly supersedes state statutes, so far as they created rights of action to be enforced in rem against the vessel.
The act was held to cover wharfage charg es where the vessel lay during repairs ; The Geisha, 200 Fed. 869 ; that the intention to lien the vessel need not be alleged, etc., see The City of Milford, 199 Fed. 956.
It is held by the Circuit Court of Appeals that a court of admiralty may entertajm jurisdiction in rem against a vessel for the death of a passenger caused by a maritime collision ; The Willamette, 70 Fed. 874, 18