Page:Federal Reporter, 1st Series, Volume 10.djvu/857

THE CITY OF SALEM. 845 �teiial-men have no lien for services or supplies furnished a vessel in her home port unless given by the local law; but when bo given such lien may be enforced in the admiralty. De Lovio v. Boit, 2 Mas. 414; The Planter, 7 Pet. 324; The Harrison, 1 Sawy. 353; The Gen. Smith, 4 Wheat. 438; The Lottawanna, 21 Wall. 579; The Canada, 7 Fed. Eep. 732. The only other question arising upon these excep- tions is, have the libellants a lien upon the vessel for their services by the local law, — the law of Gregon ? �By the act of October 19, 1876, (Sess. Laws, 8,) section 17 of the act of December 22, 1853, (Or. Laws, 660,) "concerning the liens of mechanicB, laborers, and other persons," was amended so as to provide, among other things, that "every boat or vessel used in nav- igating the waters of this state * * * shall be liable and sub- jected to a lien • * ♦ for all debts due to persons by virtue of a contract, expressed or implied, with the owners of a boat or vessel, or with the agents, contractors, or subcontractors of such owner, or any of them, or with any person having them employed to construct, repair, or launch such boat or vessel, on account of labor done, or materials furnished, by mechanics, tradesmen, or others, in the building, repair- ing, fitting and fumishing, or equipping such boat or vessel. * * *" Prior to this amendaient the act only gave a lien for the value of labor or materials done or furnished in pursuance of a contract with "the master, owner, agent, or consignee" of the boat. But, when done or furnished for a contractor, not such "master, owner, agent, or consignee," the parties had no lien, and often lost the value of their labor or materials by the failure or dishonesty of the contractor. To remedy this evil the act was amended so as to give all persons a lien for labor or materials furnished in pursuance of a contract with any person authorized to employ labor or purchase materials to repair, fit, f urnish, or equip a boat engaged in the navigation of the waters of this state. �The agent, contractor, or subcontractor, or the owner of a boat, ia necessarily authorized, by the nature and terms of his agreement of employment, to procure the labor and materials necessary to accom- plish what he is authorized by or contracted with the owner to do thereon or thereabout. The very general phrase in the amendment — "any person kaving them [material-men] employed to construct, repair," etc. — must be construed to mean any person having them so employed by the authority of the owner. For it cannot be supposed that the legislature intended that the "any person" meutioned in the ��� �