Page:United States Statutes at Large Volume 41 Part 1.djvu/1026

 SIXTY-SIXTH CONGRESS. Sess. II. Ch. 250. 1920. 1005 (b) The interest of the mortgagee in a vessel of the United States I“§*"‘§,$‘ °‘ “‘°§g°‘ covered by a. mortgage, shall not be terminated by the forfeiture of im%l¤iiifw.ted the vessel for a vio ation of any law of the United States, unless the morgg ee authorized, consented, or conspired to effect the illegal act, alifure, or omission which constituted such violation. (c) U on the sale of an vessel of the United States covered by a °,§§°,§}c0{’,§,_s&‘° by preferred) mortgage, by order of a district court of the United States in any suit in rem in a.dmu·alty for the enforcement of a maritime lien other than a preferred maritime lien, the vessel shall be sold free from all reexisting claims thereon; but the court shall, upon the request ,,,}`lI$ ·°‘°·· of ilie mortghagee, the libellant, or any intervenor, require the purchaser at suc sale to gtive and the mortgagor to to accept a new mortage of the vessel for the balance of the term of the original mortgage. lhs conditions of such new morggage shall be the same, so far as practicable, as those of the origin mortgage and shall be subject to mm A the approval of the court. If such new mortglzge is given, the mort; mp °°' gagee shall not be paid from the sgoceeds of t sale and the amount payable as the purchase price sh be held diminished in the amount of the new mortgage indebtedness. A V I t I (d) No rights nmder a mortgage of a vessel of the United States ssgliiiaitétiimi. shall be assigned to an uperson not a citizen of the·United States without the approval ofyg o board. Any assignment in violation of any rovision of this section shall be void. ‘ Saks Omymmmm (el) No vessel of the UnitedStates shall be sold by order of a. dis- ' trict court of the United States in any suit in rem in admiralty to any person not a citizen of the United States. - i Maritime liens for Mmmmn LIENB ron Nmcnsssnms. neeesmes. Subsection P. Any person I\11'Ill.Sl1IIl`i repairs, supplies, towage, use ii$ii°:i<i? ificdilidm of drg dock or marine railway, or other necessarres, to any vessel, whet er foreign or domestic, u on the order of the owner of such vessel, or of a person authorizedp by the owner, shall have a maritime E lien on the vessel, which may be enforced b suit in rem, and it shall °I°'°°m°°f not be necessary to allege or prove that credit was given to the vessel. A th I Subsection Q. The following persons shall be resumed to have »ep¤lirs,°iigpii°e¤prujii•i“$ai authority from the owner to prociu·e repairs, supplies, towage, use of dry doc r or marine railway; and other necessaries for the vessel: The managing owner, ship's usband, master, or any person to whom the management of the vessel at the port of supply is intrusted. No person tortiously or unlawfully in possession or charge of a vessel shall have authorit to bind the vessel. chmmd m,,,,_ Subsection R. Tile officers and agents of a vessel specified in sub- °°°· section Q shall be taken to include such officers and agents when appointed by a chartercr, by an owner pro hac vice, or by an agreed Mmmm, urchaser in possession of the vessel; but nothin in this section shall lie construed to confer alien when the furnisherinew, or by exercise of reasonable diligence could have ascertained, that because of the terms of a charter party, agreement for sale of the vessel, or for any other reason, the lperson ordering the re airs, sup lies, or other necessaries was wit out authority to bind the vessel therefor. Subsection S. N othing in this section shall be construed to prevent ,gy,g°,¥l,_:€,°‘u°m by the furnisher of repairs, supplies, towage, use of dry dock or marine railway, or other necessaries, or the mortgagec, from waiving hbright to a lien or in the case of a preferred mortgage lien, to the preferred status of such lien, at any time, by agreement or otherwise; and this nszuamesama. section shall not be construed to affect the rules of law now existing in regard to (1) the right tc proceed against the vessel for advances, (2) laches in the enforcement of liens upon vessels, (3) the right to proceed in personam, (4) the rank of preferred maritime liens among