Chapter 373. Relating to liens on vessels for repairs, supplies, or other necessaries
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CHAP. 373.— An Act Relating to liens on vessels for repairs, supplies, or other necessaries. June 23, 1910.[[H. R. 15812](/us/bill/61/hr/15812).][[Public, No. 259](/us/pl/61/259).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, Shipping. Maritime lien on vessels for repairs, supplies, etc. That any person furnishing repairs, supplies, or other necessaries, including the use of dry dock 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 enforced by a proceeding in rem, and it shall not be necessary to allege or prove that credit was given to the vessel.
Sec. 2. Persons presumed to have authority. That the following persons 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 605 port of supply is intrusted. No person tortiously or unlawfully in possession 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 Charterers, etc. two 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 ascertained, 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 Waiving lien. furnisher of repairs, supplies, or other necessaries from waiving his right to a lien at any time, by agreement or otherwise, and this Act Other proceedings not affected. 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 rank of liens, or in regard to the right to proceed in personam.
Sec. 5. That this Act shall supersede the provisions of all state State laws superseded. statutes conferring liens on vessels in so far as the same purport to create rights of action to be enforced by proceedings in rem against vessels for repairs, supplies, and other necessaries. Approved, June 23, 1910.