priorities, making property seized for the payment of taxes subject first to such payment. The right is lost if the property is attached or assigned before seizure by the tax collector.46 30. Maritime liens Distinguished.-Maritime liens are a special class of liens enforced by courts of admiralty. In this country the federal district courts are constituted courts of admiralty. Unlike common law liens, they are not dependent on possession. It should be noted, however, that there may be common law liens for construction and repairs on ships, and on the cargo in favor of the vessels for freight; and the master has such a lien on the freight earned and may hold the cargo as security. Such liens are dependent on possession. They may be enforced either in courts of common law or of admiralty. While equitable liens are mere charges enforced by courts of equity, keeping in mind the principle of notice, liens in admiralty are considered rights in the thing itself over which they exist, and they are quite as valid against third parties who do not know of their existence as against those who acquire rights with notice. Again, maritime liens differ from statutory liens not only as to their origin, but in the method of acquisition. The latter either require possession, or notice, or attachment. Maritime liens arise by their own force to secure certain maritime obligations. They should also be distinguished from statutory liens having reference to shipping, but in respect to 46 Jones, Liens (2d ed.), § 98. matters not of a maritime nature. Such rights are enforced in the state courts only. They differ from all other liens in that they may be enforced by actions in rem, i. e., against the thing itself; and another striking peculiarity of a number of these liens is that later ones may take precedence of earlier; but these are matters which will be more fully considered in later chapters. 31. Subject matter and obligation.-Maritime liens can attach only to vessels and their appurtenances, to such movable things as are used in navigation, or upon things which are the subjects of commerce on the high seas or on navigable rivers. The size or nature of the vessel or the means by which it is propelled are immaterial. Over immovable things, such as bridges, docks and wharves, maritime liens cannot be acquired. Such liens arise out of contracts or services rendered of a maritime nature, or out of torts committed to the objects over which the liens may exist.47 32. Liens for supplies and repairs.-Necessity or apparent necessity is the justification of liens for supplies, repairs, or advances. If the master of a vessel is unable to procure the necessary supplies to continue the voyage, or the repairs on the ship which will make the continuation of the voyage safe, in any other way than on the security of the ship and cargo, he has the authority by law to secure them in that way. If the master has funds of the owner which he ought to apply for such purposes, no necessity exists; and if the person making the repairs or 47 The Rock Island Bridge, 6 Wall. 213 (U. S.). furnishing the supplies has knowledge of that fact he is not entitled to a lien. If the vessel is in her home port, supplies and repairs are conclusively presumed to have been obtained on the owner's personal credit, and no liens attach, unless in such cases they are given by the law of the state. Even in a foreign port, if the benefits conferred are upon the order of the owner, no liens are acquired. The general rule is that there can be no maritime lien for repairs or supplies unless furnished in a foreign port, upon the master's order, and on the credit of the ship.48 33. Liens of seamen and master.-Seamen have liens for their wages on the vessel and also on the freight earned.49 Who is a seaman is a difficult matter to determine. The services rendered must have reference to the navigation of the vessel. But such protection has never been extended to the master.50 The master is supposed to trust to the personal credit of the owner. But, as above stated, the master has a possessory lien on the freight earned, and may hold the cargo as security. There is some authority also for a similar lien on the cargo in favor of seamen. Other persons performing maritime services such as stevedores who can perhaps not be classed as seamen have been accorded liens.51 And where state statutes require the employment of pilots, they are entitled to liens.52 34. Salvage, towage, etc.-Salvage is in the nature of a reward to persons who save vessels and 48 Stephenson v. The Francis, 21 Fed. 715. 49 The Virgin, 8 Pet. 538 (U. S.). 50 The Steamboat Orleans v. Phoebus, 11 Pet. 175 (U. S.). 51 The Scotia, 35 Fed. 916. 52 The Clymene, 12 Fed. 346. cargo which are exposed to the perils of the sea. The court determines in each case how much or rather what proportion of the value of the property rescued the salvor is entitled to. There is a maritime lien for salvage.53 There may also be liens for towage, where the service is performed on the credit of the vessel,54 and for wharfage against a foreign vessel.55 In the case of other services under contracts liens have been recognized. In contracts of affreightment there is a lien in favor of the cargo against the vessel for safe carriage. 56 35. Liens for damages from torts.-A lien arises against the vessel as security for the payment of the damages arising from all torts committed by the master in the course of his employment, i. e., which have to do with navigation and his duties as master. The usual case is that of collision through negligence. There is a lien in favor of the injured vessel against the one at fault.57 Unlike the rule at common law barring any recovery in the case of contributory negligence, in admiralty where both ships are at fault the loss is apportioned between them. The lien arises to protect personal injuries as well as those to property. 53 The M. Vandercook, 24 Fed. 472. 54 The Erastina, 50 Fed. 126. 55 Ex Parte Easton, 95 U. S. 68. 56 Bulkley v. Cotton Co., 24 How. 386 (U. S.). 57 The John G. Stevens, 170 U. S. 113. CHAPTER IV. EQUITABLE LIENS AND STATUTORY LIENS ON LAND. 36. Equitable liens-General characteristics.Equitable liens are charges enforced in courts of equity. They differ from common law liens in that they are not dependent upon possession, and they may encumber real property as well as personal, while common law liens can affect personalty only. They are cut off by transfer to a bona fide purchaser except where he has had actual or constructive notice, such as by recording. They are very numerous. They may arise by express contract, or be imposed by equity to do substantial justice in a great variety of circumstances. 37. Liens by express contract.-A charge enforcible as an equitable lien may be created by the express agreement of the owner on either real or personal property. It must appear that the parties intended a charge; and the property must be specific and capable of identification. Such liens may be imposed on shifting stocks of goods and on future property. They are good as between the parties and as to third persons who take with notice, and against volunteers, i. e., such persons as do not give value for the property affected. It is not necessary that the parties use the word lien or charge. An understanding to that effect may be implied from the agreement. Thus a promise in a letter to give a bill |