Page:Federal Reporter, 1st Series, Volume 9.djvu/635

 620 federal bepoeteb. �The General Tompkins. {Circuit Court, S. D. Mississippi. October, 1881.) �1. 2 Rbv. St. Mo. 1879, $ 4225— Liens. �By the provi8ions of 2 Rev. St. Mo. 1879, } 4225, debts contracted by the otvner of a steam-boat on account of stores and supplies furnished for its use, and on account of labor dons and materials furnished in repairing, f urnishing, and equipping it, are made liens on the boat. Held, that one who furnishes money with which to pay oH such liens has a lien on the boat to the arnount o| his advances. �2. CONSTITXJTIONAL LAW. �Parts of the same statute may he valid, and other parts void. �3. Liens tjnder State Laws. �Liens given by the local law of the state of Missouri at the home port of tho vessel will be recogniEed by this court. �In Admiralty. On appeal. �Paedee, g. J. The intervenor claims proceeds in the registry of the court resulting from the sale of the steam-boat Gen. Tompkins, on the ground that under the laws of the state of Missouri the inter- venor has a lien thereon by reason of having paid, at the request of the owner, debts contracted by the owner on account of stores and supplies furnished for the use of the said steam-boat, and on account of labor done and materials furnished in repairing, furnishing, and equipping the said boat. See 2 Eev. St. Mo. 1879, § 4225. The district court having allowed this claim of the intervenor, the owners have appealed. �1. It is objected that under the law of Missouri the intervenor has no lien, as he furnished nothing himself giving a lien, but only fur- nished money and paid off existing liens. It will be noticed that the wording of the statute is "for all debts contracted, etc., on account of stores and supplies, on account of labor," etc. Where the labor has been done, and the supplies, etc., furnished, and a lien resulta, it would seem that money used to pay ofi such liens would be on ac- count of such labor and supplies furnished, etc. But the decisions cited from the supreme court of Missouri, on this question, leave no doubt. See Bryanv. Pride of the West, 12 Mo. 371; Gibbons v. Fanny Barker, 40 Mo. 254. In this last case the court says: "Money loaned for the specifie purpose of enabling a boat to purchase sup- plies, or to pay wages or debts incurred already, or to be incurred in future, for things which are liens, have been held to be a debt con- tracted for those things, and therefore a lien also on the boati" and ��� �