The American Law Register (Volume 21)

This historic book may have numerous typos, missing text or index. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1882. Not illustrated. Excerpt: ... THE AMERICAN LAW REGISTER. JANUARY 1882. MARITIME LIENS. Motives of public policy and commercial convenience have, on both sides of the Atlantic, led to a wide extension of the jurisdic-' tion of courts of admiralty. The peculiar advantages possessed by the maritime lien, the facility with which, by its instrumentality, employment is secured' for vessels, their repairs made or supplies furnished in localities wherein the owners are unknown, absent, or if present, without' credit, the great safeguard it affords to all who deal with ships or ships' credit, providing them with a prompt and simple remedy in their own forum, and with something tangible against which to issue execution in the event of success, have been the means by which this result has been brought about. To call a privilege applicable to cases sounding both in contract and tort a lien, must, to the majority of the profession, appear a misnomer. It is indeed in name rather than in principle that any analogy to either the common-law or equitable lien will be found to exist. Unlike the former, it exists irrespective of possession, actual or constructive; unlike the latter, its origin is independent of the creation of a trust; unlike both, it arises and takes effect by virtue of the act done, whether it be the breach of a maritime contract or the commission of a maritime tort. The ship is the most living of inanimate things. She did it, and she ought to pay for it, is a familiar manner of expressing the liability incurred by the vessel held to be in fault in a case of collision: Holmes on Common Law 25-35. Vol- XXX.--1 (1) The maritime law gives full recognition to this investiture of the ship with personality--it is she that may make a contract or commit a tort, and...