Page:Federal Reporter, 1st Series, Volume 10.djvu/505

THE DE SMET. 493 �bonds the last is entitled to priority over the flrst.(c) This principle applies even as between different bonds exeeuted at the same place and for the same voy- age, if the last was needed to complete repairs begun with the money raised under the first.((i) But it is net entitled to such priority unless it was exe- euted under the pressure of a necebsity,(e) and the right may be lost if there is an agreement to postpone the payment until after the termination of a sub- sequent voyage.(/) If several parties act in privity and concert with each other at the same place to make advances foi- the same repairs, then the bot- tomry bonds taken by them are entitled to share pj'o rata, although they bear different dates.(g^) �Collision. So far as mere rank is concerned, the lien for damages arising from a collision holds the same rank as a lien for necessary supplies or mate- rial,(7i) and is entitled to priority over antecedent liens existing at the time when the damage was done. It therefore takes preeedence of an antecedent lien for seamen's wages,(i) or necessary materials or supplie3,(j) an antecedent bottomry bond,(A>) an antecedent mortgage,{Z) and a lien for an antecedent collision.(»i) Like other maritime liens it is outranked by a subsequent lien for seamen's wages,(n) or a subsequent bottomry bond.(o) �Freigiitees. The lien arising from a contract of aflreightment holds a rank inf erior to that of other maritime liens incurred during the voyage, such as towage and necessary repairs, because they are incurred for the direct bene- flt and preservation of the ship itself,(p) but it is entitled to priority over maritime liens incurred during a previous voyage,(g') for in this respect it has that quality which is characteristic of all maritime liens. If the goods of a freighter are sold during the voyage in order to procure necessary supplies or repairs, then his lien is entitled to priority over all antecedent liens, whether they consist of mortgages,{r) bottomry bonds, (s) or liens for necessary mate- rials and supplies.(t) �Insurance. The lien of an insurer for unpaid premiums holds the lowest rank among maritime liens, (m) �Shipwright. a shipwright may at common law detaiu the ship until his demand is paid. This right of detention is called a lien at common law. The characteristic of a lien at common law, as distinguished from a maritime lien, is that it is subject to all prier liens. Hence the lien of a shipwright at com- mon law is postponed to all prior maritime liens, but is entitled to priority over all liens that accrue while the ship is in the yard, even though they are maritime.(B) �(c)The Sydney Cove, 2 Dod. 1; FnrnJasv. ThB (fc) The Aline, 1 W. Rob. 111; Force t. The �Magonn, Ole. 66;TheConstancia,4Notesof Caaes, Pride of the Ocenn, 3 Fed. Kep. 162. 285 ; S. C. 10 Jiir. 846. (;) The Aline, 1 W. Rob. 111 . �(<t) The Betsey, 1 Dod. 289. (m) The Fi-itnk G. Fowler, 8 Fed. Rep. 331. �(«) The Rhadamanth, 1 Dod. 201. («) Rusk v. The Freestone, 2 Bond, 234. �(/) The Royal Arch, Swah. 269. (o) The Aline, 1 W. Hob. 111. �(g-) The Ejeter, 1 0. Rob. 173 ; The Constancla, (p) The Unadilla, 2 Mich. Law, 441. �4 Notes of Casea, 285; S. C. 10 Jar. 845. (,) Hatton v. The Melita, 3 Hnghej, 394. �(ft) The America, 16 Law Rep. 264. (r) Justi Pon v. The ArbustI, 6 A. L. Reg. Bll ; �(i) The Benares,7Notesof Cases, Supp. 63; The The E. M. McChesney, 8 Ben. 160. Dnna, 13 Ir. Jur. 358 ; The Linda Flor, Swab. 309 ; («) The Salacla, 32 L. J. Adm. 43. �The Enterprise, 1 Low. 4S5 ; Rnsk T. The Free. (0 The Grapeshot, 2 Ben. B27. �stone, 2 Bond, 234. (u) The Dolphin, 1 Flippin, 580. Vide the John �(j) The America, 16 Law Rep. 264 ; Rusk v. The T. Moore, 3 Wood. 61. Freestone, a Bond, Ji34. (») The Guatav, Lush. 506. ��� �