Granting Masters' Liens: Hearing, Ninetieth Congress, First Session. October 11, 1967Committee Serial No. 90-42. Considers H.R. 162, to grant masters of certain U.S. vessels liens on those vessels for wages and other disbursements. |
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Act is amended admiralty law advancing money amount apply attached prior BARER bill Captain O'CALLAGHAN Chairman claimants contract liens corporation Counsel court held crew's wages DAVIS discharge English law entitled financial interest valued foreign port fuel oil funds give a master give the master going grant the masters incurred inserting in lieu liabilities properly libel Liberty ship lien for disbursements lien for wages lien is claimed lien that attached liens which attached lieu thereof maritime lien master a lien master's wages Mates & Pilots ments NORRIS COTTON Organization of Masters owner percent preferred ship mortgage priority for disbursements proper disbursements Revised Statutes seamen seamen's liens Senator BARTLETT Ship Mortgage Act ship's husband situation SS Pacific statement Subsection substitute text think masters Thomas Sherlock U.S. Senate United States vessels vessel documented vessels a lien wage claims wages and salvage wages earned WARREN G WINSTON L
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Page 4 - When used hereinafter in this section, the term "preferred maritime lien" means (1) a lien arising prior in time to the recording and indorsement of a preferred mortgage in accordance with the. provisions of this section; or (2) a lien for damages arising out of tort, for wages of a stevedore when employed directly by the owner, operator, master, ship's husband, or agent of the vessel, for wages of the crew of the vessel, for general average, and for salvage, including contract salvage.
Page 20 - Story, are sacred liens, and, as long as a plank of the ship remains, the sailor is entitled, against all other persons, to the proceeds as a security for his wages.
Page 6 - Wall. 666 (US 1873) In The Little Charley, 31 F. 2d 120 (District Court, Maryland, 1929), the court held there is subrogation to maritime liens regardless of the actual necessity for making the advances. The court stated : "It is true that advances made to a vessel's owner on the vessel's credit, for the purpose of paying, and out of which there is actually paid, maritime claims, entitle the one making such advances to a maritime lien of equal rank with the claims thus satisfied, without regard to...
Page 3 - That (a) the master of a' vessel documented; registered, enrolled, or licensed under the laws of the United States shall have the same lien for his wages against such vessel and the same priority as any other seaman serving on such vessel.
Page 6 - Alabama, 1906), the court held that it is well settled that "where funds are loaned in a foreign port to discharge valid existing maritime liens, and are so used, the lender may properly and equitably stand in the place of the lienholders whose demands have been discharged with the funds furnished by him." (page 848). In The Worthington, 133 Fed. 725 (Court of Appeals, Seventh Circuit, 1904), the court held that a person who advanced money in a foreign port to the owner of a vessel, who was without...
Page 6 - ... as argued by claimant, is not made 'a condition precedent." (Page 992.)- „ ' In The Bcryen, 7 F.. 2d 379 (District Court, California, 1925),. the court held that the lien claimant, who endorsed notes solely on credit of the ship, for money actually used to pay crew's wages, was entitled to the same status and priority as any other person who advances money to pay crew's wages. In The Ruth E.
Page 5 - Preferred maritime liens" are those arising prior to the recording and indorsement of the mortgage as required, or "a lien for damages arising out of tort, for wages of a stevedore when employed directly by the owner, operator, master, ship's •[36] husband or *agent of the vessel, for wages of the crew of the vessel, for general average, and for salvage, including contract salvage.
Page 6 - ... wages are entitled by way of subrogation, to a maritime lien of the same rank. In The Minnie and Emma, 21 F. 2d 991 (District Court, Maryland, 1927), the court held that a person who advanced money to pay the crew's wages was entitled to a maritime lien. The court further applied the rule that "one who advances money to discharge liens gets a lien of equal dignity with the one discharged, and the existence of 'a necessity,' as argued by claimant, is not made a condition precedent.
Page 7 - ... actually used to pay crew's wages, was entitled to the same status and priority as any other person who advances money to pay crew's wages. In The Ruth E. Merrill, 286 Fed. 355 (Court of Appeals, Second Circuit, 1929), the court held that a mortgagee, not in possession of a vessel, is not precluded by his interest from advancing money to the owner to discharge liens, including those for crew's wages, incurred in foreign ports. Nor was he precluded from subrogation to the liens thus discharged...
Page 30 - ... Republicans. Mr. HEARN. Yes, sir. Senator BARTLETT. What is the division, do you know? Mr. HEARN. The current division is three Democrats and two Republicans, and the law savs it cannot be more than three members of any particular party at one time. Senator BARTLETT. Thank you very much, Mr. Hearn. Mr. HEARN. Thank you, Mr. Chairman. Senator BARTLETT. The committee will be in recess subject to the call of the Chair. Personally I want to say that my intention is to recommend that these nominations...