Page:Federal Reporter, 1st Series, Volume 10.djvu/507

 THE DE SMET. 495 �and the priority of conflicting liens on such vessels depends entirely on the state laws.(Z) But if a vessel on which a mortgage is given while it is in theprocess of construction is subsequently registered -or enrolled, and another mortgage given to a person who bas no notice of the first.and who has his mortgage duly recorded at the custom-house, then the last moitgage is entitled to priority ovei the flrst.(TO) If a mortgage of a vessel of the United States is recorded at the custom-house where the vessel is registered or enrolled, then it is valid as against a subsequent mortgage, although the mortgagee does not comply with the state laws relating to the registration of chattel mortgages ; for the act of congress is paramount to and exclusive of state laws upon the sarae subject.(«) The mortgagee in such case is also entitled to priority over an antecedent mortr gage which was not recorded at the custom-house where the vessel was reg- istered or enrolled, although it was recorded at some other custom-house,(o) or pursuantto state laws,(^) unless he bad actual notice thereof ; but if he had actual notice thereof then his mortgage is postponed to the prior mortgage.(g) The statute does not apply to liens created by state laws for supplies or repairs to domestic vessels, for it relates ouly to the registration of written instruments.{r) A mortgage of a vessel of the United States is, therefore, subject to prior liens under state laws of the state in which the custom-house is located at which the mortgage is recorded.(s) But if a vessel is removed into another state, after the attaching of the lien under the state laws, and there registered or enrolled, a mortgage duly recorded at the custom-house, in the state to which the vessel is so removed, is entitled to priority over the antecedent lien under the state law.(t) If the mortgagee allows the mort- gagor to remain in possession of the vessel, then his mortgage, although it is duly recorded at the custom-house where the vessel is registered or enrolled, is postponed to liens subsequently incurred in the course of the employment of the vessel, whether they are maritime liens,(?t) or the liens of a shipwright at common-law,(B) or liens under state laws;(.w) for he is deemed to give his consent and authority to the incurring of such obligations as are usual in the course of the business in which the vessel is engaged. �(Ofosterr. Perkins, 42Me. 168. BaMwIn t. The Bradisli Johnson, 3 Woods, 682; �(m) Perkins v. Emerson, 69 Me. 319. Contra, Hatton v. The Melita, 3 Haghes, 494) Th^ Jose- �Ktinson v. Minor, 34 Ind. 89. phine Spangler, 9 Fed. liep. 777; Miller v. The �(»«)Whte's Bank v. Smith, 7 Wall. 646; Al- Alice Getty, 9 C. L. N.315; The Favorite, 3 Sa wy. �diich V. A;tna Company, 8 Wall. 491 ; S. C. 26 N. 406; The Hendrick Hadson, 17Law Eep.93j Zol- �Y. 92; Blanchard v. The Martha Washington, 1 linger v. The Emma, 3 Cent Law J. 285. �Cliff.463i i\,ltchell V. Steetman, 8Cal.363j Fou- (») Marsh t. TheMinnie,6A.L. Reg.328; Scott �taille V. Beers, 19 Ala. 722 ; Robinson T. Eice, 3 v. Delahunt, 6B N. Y. 123. �Mich. 236. («,) The Hiawatha, 6 Sawy. 160; The Wm. T. �(o)The John T. Moore, 3 Woods, 61 ; S. 0. 100 Graves, 14 Blatchf. 189; S. C. 8 Ben. 668; The �U. S. 146. Island City, 1 Low. 376 ; The Kaloigh, 2 Hnghes, �(p)F08terv.ChaniberIain, 41 Ala. 1.53; Thomas 44; Srodes v. The Collier, 9 Pittsb. Law J. 73, 193; �V. The Koscinsko, 11 N. Y. Lcg. Obs. 38. The St. Jo.seph, 1 Brown, Adm. 202 ; Miller v. The �(i)Moorev. Simonds. inOU. S.145. Alice Getty, 9 C. L. N. 315 ; Whittaker v. The J. �(r) Thorsea T. The J. B. Martin, 26 Wis. 433. A. Travis, 7 C. L. N. 275 ; The Canada, 7 Fed. �(»)TheHarriBon, 2Abb.C. C. 74; S.C.lSawy. Rep.730; Goble v. TheDelosDeWolf.SFed.Rep. �553; The Theodore Perry.SCent.LawJ. 191; The 236. Contra, Baldwin v. The Bradish Johnson, 3 �Favorite, 3 Sawy. 405. Woods, 532; The John T. Moore, 3 Woods, 61; �(0 The Underwriters' Wrecklng Co. v. The The Kate Hinchman, 6 Biss. 367 ; The Kate Hinch. �Katie, 3 Woods, 182. man, 7 Eisa. 233; The Grace Greenwood, 2 Biss. �(m) Reeder v. The Geor e Creek, 3 Hnghes, 684 ; 131 ; Scott's Case, 1 Abb. C. C. 336 ; The Josephine �The Emily Souder, 17 Wall. 366 ; The Granite Spangler, 9 Fed. Rep 777. State, 1 Spr. 277 ; Scott's Case, 1 Abb. C. C. 336 ; ��� �