The South Coast

In purchasing necessary supplies, the master of a demised vessel, appointed by the owner but under the orders of the charterer, is the charterer’s agent. P. 523. A charter-party, demising a vessel, required the charterer to pay all expenses and save the owner harmless from liens, allowed the owner to retake the vessel should the charterer fail to discharge any liens within a stated period after they were imposed, and placed the master, appointed by the owner, under the charterer’s orders. Applying the Act of June 23, 1910, held that the charter-party, if it did not grant, at least assumed authority in the charterer to bind the vessel for necessary supplies purchased by the master in a domestic port, and that the statutory presumption of such authority could not be dispelled by denials and warnings from the owner to the supply man. Id. 247 Fed. Rep. 84, affirmed.

CERTIORARI TO THE CIRCUIT COURT OP APPEALS POR THE NINTH CIRCUIT. The case is stated in the opinion.' They relied largely on the following authorities, decided before and since the Act. of June 23,1910, as sustaining the proposition that a charter-party which requires the charterer to furnish supplies to the ship withdraws from the master the power to order supplies for which the materialman, with knowledge of the terms of the charter-party, may assert a lien. The'XJnderwrit&r, 119 Fed. Rep. 713; The Francis J. O’Hara, Jr., 229 Fed. Rep. 312; The Columhus (1879), 5 Sawy. 487; The William Cook (1882), 12 Fed. Rep. 919; The S. M. Whipple (1881), 14 Fed. Rep. 354; The Secret (1879), 15 Fed. Rep. 480; Stephenson >\. The Francis (1884), 21 Fed. Rep. 715; The Cumberland (1886), 30 Fed. Rep. 449; The Ellen Hoigate (1887), 30 Fed. Rep. 125;. The International (1887), 30 Fed. Rep. 375; The Samuel Marshall (1892), 49 Fed. Rep. 754; The Samuel Marshall ( .893), 54 Fed. Rep. 396; The Kate (1896), 164 U. S. 458; The Valencia (1897), 165 U. S. 264; The Alvira (1894), 63 Fed. Rep. 144; The Rosalie (1895), 75 Fed. Rep. 29; The H. C. Grady (1898), 87 Fed. Rep. 232; The Robert Dollar (1902), 115 Fed. Rep. 218; The North Pacific (1900), 100 Fed. Rep. 490; The George Farwell (1900), 103 Fed. Rep. 882; The Vigilant (1907), 151 Fed. Rep. 747; Northwestern Fuel Co. v. Dunkley-Williams Co. (1909), 174 Fed. Rep. 121; The City of Milford (1912), 199 Fed. Rep.' 956; The Thomas W. Rodgers (1912), 197 Fed. Rep. 772; The Ha Ha (1912), 195 Fed. Rep. 1013; The J. Doherty (1913), 207 Fed. Rep. 997; The Malola (1914), 214 Fed. Rep. 308; The Oceana (1916), 233 Fed. Rep. 139; The Yankee (1916), 233 Fed. Rep. 919; The Oceana (1917), 244 Fed. Rep. 80. A shipowner’s immunity from the necessity of paying the ship’s bills relieves his ship from a like necessity. The Sarah Cullen, 45 Fed. Rep. 511; The Iris, 100 Fed. Rep. 104. The provision of the charter-party requiring the charterer to hold the owner harmless from any lien asserted for supplies furnished the ship is pot tantamount to a declara/* tion by the owner that such liens may be asserted. The Oceana, 244 Fed. Rep. 80; Northwestern Fuel Co. v. Dunkley-Williams Co., supra; The City of Milford, supra; The Gen. J. A. Dumont, 158 Fed. Rep. 312; The Golden Rod, 151 Fed. Rep. 6; The Surprise, 129 Fed. Rep. 873, 880. By the terms of the charter-party and by virtue of the notice given libellant, the charterer and his masters and his agent were without authority to bind the vessel for the supplies. The Sarah Cullen, supra; The Francis J. O’Hara, Jr., supra; The Surprise, supra; The New Brunswick, 129 Fed. Rep. 893; The J. Doherty, supra. The law applicable to this case was not altered by the Act of June 23, 1910. See opinion of the court below. Also The Sinaloa, 209 Fed. Rep. 287; The Dredge A, 21*7 Fed. Rep. 617; The Yankee, supra. There is a presumption that the legislature does not intend changes not clearly evinced. “ It is the general principle of the maritime law that an admiralty lien is to be construed siricti juris, and cannot be extended by construction, analogy or inference.” The James T. Furber, 157 Fed. Rep. 126, 129; Pratt v. Reed, 19 How. 359; The Lottawanna, 2Í Wall. 558; The Aurora, 194 Fed. Rep. 559; The Yankee Blade, 19 How. 82; The Dixie, 236 Fed. Rep. 607. The statute specifically provides that there shall be no lien if the furnisher knew or could have ascertained by the exercise of reasonable diligence that, for any reason, the person ordering the supplies had no authority to bind the vessel therefor. The furnisher in the instant case had been warned that the owner and the charterer had agreed, either by the ternas of the written charter-party or by some other contract, that the vessel should not be held. Before he furnished the goods he had been informed of this fact by the owner, the charterer and the charterer’s agent. Notwithstanding the words “or for any other reason,” appearing in the statute, the learned District Judge limited the application of the statute to the terms of the charter-party.