Page:Federal Reporter, 1st Series, Volume 3.djvu/245

 except only mariners’ wages. The language of said statute is as follows:

“Whenever a debt amounting to $50, or upwards, as to a sea-going or ocean-bound vessel, or amounting to $15, or upwards, as to any other vessel, shall be contracted by the master, owner, charterer, etc., of any ship or vessel, or the agent of either of them, within this state, for either of the following purposes—first, on account of any work done or materials furnished towards the * * * repairing, fitting, furnishing, or equipping such ship or vessel * * *—such debt shall be a lien upon such vessel, her tackle, etc., and shall be preferred to ail other liens thereon, except mariners’ wages.”

Said statute contains certain provisions as to the cessation of the lien thus conferred after a time specified therein, unless the holder thereof complies with the conditions set forth; but it is not claimed that there has been any failure on the part of the libellants to comply with all the essential conditions so imposed, so as to deprive them of the rights and benefits claimed under this statute.

While it is not believed that the legislature of New York had the power so to reverse or change the well-settled order of priorities established by the general maritime law, it is believed to have been within the scope of its authority to enact that a lien, such as this statute has provided for, should be created in consonance with the maritime law; and, it being reserved to the courts of admiralty to enforce it, its rank will necessarily be subject to their determination. The national courts will certainly not give such statutory liens a higher rank than they are entitled to by the nature of the claim and the circumstances attending its enforcement, as compared with other claims of the same or similar nature and general rank, and attended by the same circumstances, but will doubtless regard and treat them as equal. In the opinion of the undersigned, the distinction between what is called the “home” and the “foreign” port, in which a charge upon vessels is created by supplies, etc., resulting in difference of rank, is unreal and fallacious; and this view finds powerful support in the well-considered argument of Judge Benedict, [see his