13 F. Cas. 564 | U.S. Circuit Court for the District of Massachusetts | 1815
The question here does not singly depend upon the right of the admiralty to entertain suits in favor of material men. If there be any persons, who doubt that jurisdiction, I beg not to be comprehended in the number. In my judgment, and I speak after having given the subject a very grave consideration, the admiralty has always rightfully possessed jurisdiction over all maritime contracts; and the decisions of the courts of common law, prohibiting its exercise, ai e neither consistent in themselves, nor reconcilable with principle. In the struggle between the courts of common law and the admiralty, which originated in the same spirit, that attempted to break down the whole system of equity, it cannot be denied, that the former have manifested a great degree of jealousy, and hostility, fostered by strong prejudice and a very imperfect knowledge of the subject. It is not, therefore, to be wondered at. that in such an unequal contest, where the power was all on one side, the admiralty should have lost many of its inherent rights. In more modern times, when the jurisdiction of the admiralty has been better understood, a more liberal policy has been pursued, and, where they have not been fettered by authority, judges have been more indulgent in allowing its exercise. The true doctrine was always asserted by the learned judges of the admiralty, and has been recently recognized by Mr. Justice Buller; that the jurisdiction as to contracts depends not upon the locality, but upon the subject matter, of the contract. Menetone v. Gibbons, 3 Term R. 267. And I have not the slightest hesitation in holding, that the admiralty has perfect jurisdiction over all maritime contracts. The decisions at common law, on the subject of its jurisdiction, have nothing to recommend them, and certainly are not binding on us. The constitution and laws of the United States have confided to the courts of the United States cognizance of “all civil causes of admiralty and maritime jurisdiction.” and what is the true limit of this jurisdiction must be judged of. not by hasty decisions upon prohibitions, but by the history, practice and law. of the admiralty, as it is found expounded. with admirable learning and sagacity, by the judges who have presided in that court.
Admitting the jurisdiction, the next question is, whether the petitioner be entitled to the relief prayed for. This depends upon the consideration, whether he have a lien or not upon the ship for the repairs. Tt will be recollected that this is a foreign ship, and that, by the general maritime law. every contract of the master for repairs and supplies imports an hypothecation. It has been suit-posed, that the rule of the common law is different. But it has never yet been extended to cases of repairs of foreign ships, or of ships in foreign ports. I hold, therefore, that the contract for repairs in this ease, being of a foreign ship, is to be governed by the maritime law, and created a lien.
After the decree was pronounced. Mr. Fuller moved the court for a direction to the clerk, as to the costs to be taxed in this case.
BY THE COURT. In a case, like this, of a claim on proceeds in the custody of the court, where other parties are entitled, nothing can be allowed beyond that, for which there is a specific lien, and the actual charges of court. No attorney’s fee can be allowed.
See Exton, Godolphin, Zouch, and Jenkins, on the admiralty jurisdiction, passim.
The John, 3 C. Rob. Adm. 288: North v. The Eagle [Case No. 10,309]. The supreme court of the United States have recently held that material men have a lien on a foreign ship for repairs done. The Aurora, 1 Wheat. [14 U. S.] 96, 103; Hussey v. Christie, 13 Ves. 594: contra. Id.. 9 East. 426: Acc. Ex parte Halkett. 3 Ves. & B. 135: De Lovio v. Boit [Case No. 3,776]; 2 P. Wms. 367.