Page:Federal Reporter, 1st Series, Volume 9.djvu/540

THE allIDINO STAB. 525 �are admirai ty and maritime in their nature and subject-matter, and those which are not, therefore we, in taking jurisdietion of them, cannot do so, we have this to say ; Our jurisdietion, by the constitu- tion and laws of congress, extends to those cases only which are mar- itime in their character, and it is not in the power of a state legisla- ture to enlarge this jurisdietion. The proceeding in this case is a proceeding in rem in admiralty, and by the twelfth rule the right to such proceeding or process is limited to "material-men, for supplies or repairs, or other necessaries ;" and we can enforce in this court such ntate liens only as are given upon contracts which are maritime in their nature and subject-matter.* Besides, we are not disposed to extend the decision of the circuit judge so as to include liens by state statutes upon contracts which are non-maritime in their cbaracter. The Lottawanna, 21 Wall. 558. �9. As already referred to at the commencement of this decision, by the general admiralty law a lien exista in faivor of one who advances money for the payment of supplies and repairs. The Grapeshot, 9 Wall. 130; The Lulu, 10 Wall. 192; The Emily Souder, 17 Wall. 666 ; Ins. Go. V. Baring, 20 Wall. 159. If the evidence in this case rea- sonably satisfied my mind that the claims for money in this case, in the foreign and home ports, were advances made for the payment of supplies and repairs, I would certainly declare a lien in f avor of such advances, or, if it were shown that any definite part of it was for that purpose, then a lien would be declaredto the extent of such part. The Grapeshot, 9 Wall. 129. But, in niy opinion, after a careful examination, the testimony fails to show that any definite portion, of the money loaned was advanced for the payment of supplies and repairs. None of those who loaned money in the home port have been examined as witnesses, and the only testimony we have upon their claims is that of Capt. Miller. �Without entering into a further discussion of the principles involved in this case, or of the rules as established by the courts of admiralty, we will merely state, in conclusion, the classes into which the claims should be divided in the order of their priority of rank : �(1) Seamen's wages. (2) AU elairas which by the general admiralty law have a lien, as for supplies (includiug fuel) and repairs in a foreign port. (3) Such claims as are maritime in their nature and subject-matter, for which the state law haa given a lien, including supplies, repairs, and insurance. These having, by the decision of the circuit judge of this circuit in the case of The General Bumside, 3 Fed. Kep. 232, been held to be of equal dignity �*See Tlu Schooner Marion, 1 Story, 73; Reai T. HtMof New Brig.li. 246; T)u Slii» Norway, 3 Ben. 165.— £R£V. ��� �