Page:Federal Reporter, 1st Series, Volume 6.djvu/418

 406 federal reporter. �The Norman.* {District Court, E. D. Pennsylvania. March 15, 1881.) �1. Admiraltt — Maiutimb Lien— Supplies Furnished os the Okdbk �OF Chabtereks. �A charterer is not the agent of the owners to charge the vessel for supplies, and no lien exista for such supplies furnished upon his order and for his beneflt at the port where he resides. �2. BaME — AGBEKiEBIIT BT ChAETKEER TO FURNISH SUPPLIES tS PaKT �Payment. �In such case the fact that the charterer was to f urnish supplies in part payment is unimportant. �3. Same— Credit Given to Vessel m Ignohance op Ckabteb. �It is immaterial, in such case, that the person furnishing the sup- plies trusted the ship, and had no knowledge of the relation in whioh the person ordering the supplies stood to the ship. �4. Same. �A coasting steamer was chartered for a foreign voyage from a port not her home port. By the charter the owners reserved the right to nominate the captain and engineers, but these offlcers were to be paid Ijy the charterers, who were also to pay ail the other expenses of victualling, manuing, coaling, and running. In accordance with a. stipulation of the charter a foreign registry was talsen out at the port from which she sailod. The charterer, who resided at this port, ordered coal there, which was furnished to the vessel. Udd, that whether or not the charterer was owner pro hoc vice, (a question left undecided,) no lien existed for the coal, since the charterer was not the agent of the owners to charge the vessel. �Libel by the Consolidation Goal Company against the steam-ship Norman, to recover for 277 tons of coal furnished to the vessel in New York. The following facts appeared from the testimony: �The Norman was a coasting steam-ship, owned by a Mas- sachusetts corporation, composed of residents of Boston and Philadelphia, in one of which ports she was enrolled. In November, 1878, Murray, Ferris & Co., residing in New York, chartered her for a voyage to Nassau and other ports. By the terms of the charter the charterers agreed to pay ail the expenses of victualling, manning, coaling, and running the vessel, and ail port charges, etc. ; the owners reserving the �*Repoited by Franls P. Prichard, Eaq., of the Philadeiphia bar. ��� �