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July, 1910 MARITIME LIEN LAW. 'Congress has passed the maritime lien Jaw, known as House Bill No. 15812. This measure relates to liens on vessels for repairs and supplies and will pro- duce a considerable change in existing practice. The bill was drafted by a committee of the Maritime Law Asso- ciation of the United States. It was adopted at a meeting of that association after a full discussion, and its adoption is also recommended by the American Bar Association. This bill is proposed to remove the confusion now existing in an important - branch of the admiralty jurisprudence of the United States by simplifying the law and making it uniform throughout the country. Under the admiralty law, as now ad- ministered in the United States, a lien is implied for necessaries furnished a vessel in foreign ports or states, so- called; and for this purpose the various states of the Union are regarded as for- eign to each other. In the home state, so-called, a lien is not implied unless conferred by the local law. Home state has been identi- fied with the state of ownership, and in the ports of the home state the vessel is said to be "domestic." In all other ports, even though they. may be ports of other states of the United States, the vessel is termed a "foreign" vessel. Most, if not all, of the maritime states of the United States have passed statutes providing liens for necessaries furnished to a vessel of the state--that is, to a so-called "domestic" vessel. But these statutes vary greatly in their scope and phraseology, and the task of con- struing them has been a heavy and un- necessary burden on the Federal courts, and has caused much confusion. although the lien is conferred by a state statute, it can be enforced only in the courts of. the United States, inas- much as the subject matter is maritime, and hence, under the Constitution, with- in the exclusive jurisdiction of the Fed- eral courts. It has been stated by the Supreme Court of the United States, and is gen- erally conceded, that the distinction made in this country between "foreign" and "domestic" vessels with respect to liens for necessaries is not only artificial but contrary to the law of maritime Europe (which makes no account of the domicile of the vessel) and to the theory of the English law. A contract for necessaries is maritime, whether made in the home Port or in some other port, and as such does not depend upon the local law. Along with this arbitrary division of American vessels into two classes there has developed in this country a doctrine Which seems to have no counterpart in Europe, that when the owner of a vessel For TAe MarRINeE REVIEW contracts in person for necessaries, or is present in port when they are ordered, no. lien arises. The result has been much uncertainty in the administration of our admiralty law. Under the Constitution of the United States the state legislatures cannot reg- ulate the admiralty and maritime law of the United States. The power to do this rests with Congress alone. The state statutes have been enforced in the absence of congressional legislation, but the Supreme Court has recognized the right of Congress to deal with the mat- ter of liens for necessaries, and it has been assumed that Congress would some day pass a law upon the subject. The bill as passed is as follows: "Be it enacted by the Senate and House of Representatives of the United States of America in Congress assem- bled, That any person furnishing repairs, supplies or other necessaries, including the use of drydock or marine railway to a vessel, whether foreign or domestic, upon the order of the owner or owners of such vessel, or of a person by him or them authorized, shall have a maritime lien on the vessel which may be en- forced by a proceeding in rem, and it shall not be necessary to allege or prove that credit was given to the vessel. "Section 2. That the following per- sons shall be presumed to have authority from the owner or owners to procure repairs, supplies and other necessaries for the vessel; the managing owner, ship's husband, master, or any person to whom the management of the vessel at the port of supply is untrusted. No person tortuously or unlawfully in pos- session or charge of a vessel shall have authority to bind the vessel. "Sec. 3. That the officers and agents of a vessel specified in section 2 shall be taken. to include such officers and agents when appointed by a charterer, by an owner pro hac vice, or by an agreed purchaser in possession of the vessel, but nothing in this act shall be construed to confer a lien when the furnisher knew, or by the exercise of reasonable diligence could have ascer- tained, that because of the terms of a charter party, agreement for sale of the vessel, or for any other reason, the person ordering the repairs, supplies or other necessaries was without authority to bind the vessel therefor. "Sec 4.°° That nothing in this act shall be construed to prevent a furnisher of repairs, supplies, or other necessaries from waiving his right to a lien at any time, by agreement or otherwise, and this act shall not be construed to affect the rules of law now existing either in regard to the right to proceed against a vessel for advances, or in regard to laches in the enforcement of liens on vessels, or in regard to the priority or aro rank of liens, or in regard to the right to proceed in personam. "Section 5. That this act shall super cede the provisions of all state statutes conferring liens on vessels in so far as the same purport to creat rights of action to be enforced by proceedings in . rem against vessels for repairs, supplies and other necessaries." DEPRECIATION OF SAILING TONNAGE. One of the English papers has made an interesting table, showing the rapid depreciation of sailing tonnage. During the first three months of 1910, about 30 sailing ships, a majority of them Brit- ish, were sold. Norwegians, Germans and Italians have been the heaviest buy- ers, and a comparison of the prices shows how rapidly sail tonnage has depreciated in value. Since 1907, prices have been tumbling at a rapid pace and among the late sales not a few smart and well-found square-riggers have been sold for a mere song. The following table shows the large fleet recently dis- posed of and the price per gross ton indicates how low values have gone: JANUARY, d Per Gross Sold Gross Vessel Tons.= Built." Por Ton: Wadas:. Veer eee 1,391 1894 £2,850 £2.03 Chelmsford. 3.0334 2,347 1893 4,900. 2.08 SOCOtra ea 1,704 1891 3,300 1.94 MARCH. Scottish Glens.... 2,117 = 1885 *3,000 1.44 Sardomene ...... 2,000 1882 2,800 1.48 Robert Duncan... 2,166 ee 4,000 1.85 HIStes Al. ete 1,420 1891 2,750 1.94 Balmoral wee 2jOLA = 18927) 5.250. 2 2:00 Ben Dearg.27..: 2,349 1894 5,000) 2.12 Forteviot oo Sela 1891 6,500 2.08 Sokoto. 3035). = 2,262 1887 3150 1.40 Ballachulish ..... 1,901 1892 3,875 2.04 Clan Galbraith... 2,149 1894 4,400 2.04 Pera si a aaa 1,758 1890 3,350 1.90 Craigerne 2.5 03%. 1,905 1889 3.100 1.74 MacDiarmid ...<.. 1,625. 1883. « 2,400 1.48 Waterloo 2253.02. 1,976 1878 2,400 1.21 Pegasus. ose. 2,631 1884 . 3,500 131 APRIL, Blackbsaes 44.4%, 2,207 1892 .. 4,000 1,75 Graigmore:. 3..4..). 2,000. 21895. 4250.) 2.125 Eonudon: Hill 2,139 7 1882. *3,100:° 1.45 Largo, Bay. oo, 1,295: 1878. 1,500 21.4115 Austrasia 2.20.5 2,718 1892 5,200 1.84 Corryvrechan 2.0.5 1,356, 1885- 22.150. 1.59 Walden Abbey... 1,799 1881 2,300 1.26 -Wiscombe Park.. 2,229 1892 4,000 1.80 Crown of Germany 2,241 1892 4,150 1.85 Pass of Killicrankie 1,746 1893 3,375 1.96 Lodore oe. 1,669. . 1892 2:300 . 1.39 * About. The Spedden Shipbuilding Co., Balti- more, Md., began work on a steel tug 125 by 24% ft, to be equipped with a triple-expansion engine and Scotch boiler. Tarr & James, Essex, Mass., launched the whaler Viola for John A. Cooke, of Provincetown. This craft is about 123 ft. long, 25%4 ft. beam, and 12 ft. deep. She will carry a crew of 23 men. This vessel. was built under the rules of the Record of American and Foreign Ship- ping of the American Bureau of Ship- ping, and is rated A-1 for 15 years,