113 Ala. 555 | Ala. | 1896
Section 3054 of the Code of 1886 reads as follows : “A lien is hereby created on any ship, steamboat, or other water craft, whether registered, enrolled, or licensed, or not, that may be built, repaired, fitted, furnished, supplied, or victualed, within this State, for work done, or materials supplied by any person within this State, in or about the building, repairing, fitting, furnishing,supplying,or victualing such ship,steamboat, or other water-craft, and for the wages of the masters, laborers, stevedores and ship-keepers of such ship,
The apqiellee, Nike, filed the present bill against the appellant, and prayed for the enforcement of the lien given by the foregoing 'section of the Code upon the steamboat ‘ ‘William Towle. ’ ’ The bill prayed for a writ of seizure of- the boat, but it does not appear that any orders or proceedings were taken to seize the boat. The respondent, the Lumber Company, and Seward Cary, answered the bill of complaint, and filed separate demurrers. The chancery court granted relief to the complainant, and decreed in default of payment, a sale of the boat.
The principal question raised by . the assignment of errors is one of the jurisdiction of the chancery court. The steamboat had been engaged in towing barges on the Tennessee river, which were loaded with logs, to the city of Decatur, situated in Morgan county, Ala. The steamboat became badly out of repair, so much so, that it was unfit for further service. In this condition it was brought to Decatur, and thére the matei’ials were furnished for repairs and services rendered which is the foundation of the bill of complaint. The bill avers, and it is not controverted, that complainant was employed by the general manager and agent of the Scatcherd Lumber Company, and his authority is not questioned. It is also shown that there was no definite price agreed upon, either for materials or for services performed. A part of these services consisted in the performance of the duties of “watchman.” The precise duties of a watchman are not averred in the bill, nor shown by the evidence. The general principles bj^ which the jurisdiction of the Federal and State courts over questions of maratime character are determined, have been frequently declared, but difficulties in applying these principles t-o particular cases aro continually presented, and the several courts have not been harmonious in applying admitted principles. At one time the jurisdiction of the Federal courts as to rivers was limited by the ebb and flow of the tide, but now it -extends over all rivers navigable and navigated in the interest of commerce. In all cases where jurisdiction is conferred by the constitu
If the complainant had pursued his common law remedy against the respondent and acquired a lien upon its interest in the boat bjr the levy of an attachment, we are of opinion, that under the provisions of the law of Congress, reserving to suitors this remedy, he might have prosecuted the suit to judgment and condemnation of the property levied upon. The purpose of the bill is to enforce the payment of a demand due from the defendant by an implied contract made with its agent, by enforcing the lien created by the State statute. — Code of 1886, § 3054, The proceeding is not strictly
The bill avers that plaintiff’s demand arose from services rendered and repairs made while the boat was at its home port. If the lien created by section 3054, supra, is applicable only to the building of ships, boats, water-crafts, or to repairs made, materials and supplies furnished, or work done, while at the home port, we think the statute constitutional. When construed in connection with the history of its enactment, and the continued re-enactment of this section, we are of opinion that siich was the intention of the legislature. See the Code of 1852, Title 2, Ch. 8; Code of 1867, Title 2, Ch. 8; the decision of the Supreme Court of the United States, case of The Belfast, 7 Wall. supra, in connection with Ch. 5, Title 2, Pt. 3 of the Code of 1886,
Under this view of the case, and the law as declared by us, there -is but one conclusion, and that is, that complainant’s case is not one provided for in section 3054 of the Code under which it was brought, and that the chancery court was without jurisdiction. The bill must be dismissed.
Reversed and rendered.