Page:Federal Reporter, 1st Series, Volume 7.djvu/743

 THE CANADA. I31 �accordins;!}' and be preferred to that of a mortgage ; (2) that a mort- gagoT in possessioa is the agent of the mortgagee in obtaining sup- plies for the vessel, and the lien given therefor binds the interest of the latter as well as the former. 3. Registration of Moetgagb. �Section 4192 of the Revised Btatutes, providing for the registration of mortgages of vessels, does not change the nature or operation of the lien of such mortgage, but only provides that without such regis- tration it shall not be valid ; and therefore a state law preferring the hen of a domestic material man to that of a mortgage is not in conflict with such section. �In Admiralty. �W. B. Gilbert, for libellants. �Charles Woodivard, John H, Woodward, and John W. Whal- ley, for claimants. �Dbady, D. J. On April 2, 1881, the libellants, William Whitlock and another, constituting the firm of Whitlock & Slover, of New York, intervening for their interest, filed a iibel against the Canada to enforce a claim of $676.70 for supplies furnished said vessel in her home port — the city of New York — in which they allege that said supplies were furnished in January and February, 1880, at the request of the owner and upon the credit of the vessel, and were neces- sary to enable her to proceed upon her contemplated voyage; that the vessel left said port on her voyage on Mareh 6th, and thereafter the libellants, in pursuance of the act of tho legislature of New York of April 24, 1862, duly filed a speci- fication of their claim and lien against said vessel, which has not been satisfied, though duly demanded. The claimants, Ef&ngham B. Sutton and others, except to the Iibel, because it appears that said supplies were furnished at the vessel's home port upon the request of the owner, and therefore the libellants have no lien therefor by the maritime law or by the law of New York, which can be enforced without the jurisdiction of that state. �Since the intervention of these libellants the vessel has been sold upon the order of the court and the proceeds paid eut to the original libellants, Thomas F. Neill and others, and other intervenors, until there is not sufficient left in the registry of the court to satisfy the mortgage. ��� �