Page:Federal Reporter, 1st Series, Volume 6.djvu/419

 THE NORMAN. 407 �right to nominate the captain, and first and second engineers, who, however, were to be paid by the charterers. The char- ter also provided that a foreign registry should be taken ont by the charterers in New York, which was done. Murray, Ferris & Co. ordered coal from libellants, which was fur- nished to the vessel at New York. Libellants testified that they furnished the coal on the credit of the vessel ; that they were not informed in what relation Murray, Ferris & Co. stood to the vessel, but supposed them to be her agents. �This libel was afterwards filed to recover the priee of the coal. �Thomas J. Diehl and J. Warren Coulston, for libellants. �John W. Brock and Morton P. Henry, for respondents, �BuTLEE, D. J. The ordinary maritime lien for supplies is based upon an implied hypothecation.of the ship; and this implication is founded on the ship's neeessities and situa- tion, — the need of supplies, and the absence from home, where the owner is without credit. As the master represents the owner, with power to hypothecate, the law implies a hypothecation whenever supplies are purchased byihim under such circumstances. He is known everywhere as the owner's confidential agent. His charaoter and position are, therefore, evidence of authority to represent the owner in ail matters respecting the ship. His contraet for supplies, abroad, raises an implication of lien, because of his power to pledge the ship, and the improbability of obtaining them without. "The master's contraet imports a hypothecation." When at home, where the owner is presumed to have credit, and there is, therefore, no necessity for such pledge, none is implied. "To guard against misapprehension, " says Mr. Conkling, "it is proper to remark that a lien is ne ver implied from contracts of the owner in persan, [save in foreign ports ?] It is only the contracts which the master enters inta, in his ckaracter of master, that speciucally bind the ship or affect it by way of lien, or privilege." Conkling's U. S. Adm.73-78-80; St. lago de Cuba, 9 Wh., el7. ' �Were Murray, Ferris & Co. owners pro hac vice ?; If they were, then, the coal in question being purchased by suchown-: ��� �