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20 Hous. L. Rev. 861 (1983)
The Federal Maritime Lien Act: A Review and a Prospectus

handle is hein.journals/hulr20 and id is 895 raw text is: THE FEDERAL MARITIME LIEN ACT: A REVIEW AND A PROSPECTUS I. INTRODUCTION The Federal Maritime Lien Act1 (hereinafter referred to as the Act) grants a maritime lien, enforceable by an action in rem, to certain suppliers of necessaries to a vessel.2 In 1971 Congress amended section 973 of the Act by deleting the last clause of that section: 1. 46 U.S.C. §§ 971-975 (1976). The Act provides: MARITIME LIENS FOR NECESSARIES § 971. Persons entitled to lien Any person furnishing repairs, supplies, towage, use of dry dock or marine railway, or other necessaries, to any vessel, whether foreign or domestic, upon the order of the owner of such vessel, or of a person authorized by the owner, shall have a maritime lien on the vessel, which may be enforced by suit in rem, and it shall not be necessary to allege or prove that credit was given to the vessel. § 972. Persons authorized to procure repairs, supplies, and necessaries The following persons shall be presumed to have authority from the owner to pro- cure repairs, supplies, towage, use of dry dock or marine railway, and other neces- saries for the vesseh The managing owner, ship's husband, master, or any person to whom the management of the vessel at the port of supply is intrusted. No per- son tortiously or unlawfully in possession or charge of a vessel shall have authority to bind the vessel § 973. Notice to person furnishing repairs, supplies, and necessaries The officers and agents of a vessel specified in section 972 of this title shall be taken to include such officers and agents when appointed by a charterer, by an owner pro hac vice, or by an agreed purchaser in possession of the vessel § 974. Waiver of right to lien Nothing in this chapter shall be construed to prevent the furnisher of repairs, supplies, towage, use of dry dock or marine railway, or other necessaries, or the mortgagee, from waiving his right to a lien, or in the case of a preferred mortgage Hen, to the preferred status of such lien, at any time by agreement or otherwise; and this chapter shall not be construed to affect the rules of law existing on June 5, 1920, in regard to (1) the right to proceed against the vessel for advances, (2) laches in the enforcement of liens upon vessels, (3) the right to proceed in per- sonana, (4) the rank of preferred maritime liens among themselves, or (5) priorities between maritime liens and mortgages, other than preferred mortgages, upon ves- sels of the United States. § 975. State statutes superseded This chapter shall supersede the provisions of all State statutes conferring liens on vessels, insofar as such statutes purport to create rights of action to be enforced by suits in rem in admiralty against vessels for repairs, supplies, towage, use of dry dock or marine railway, and other necessaries. 2. 46 U.S.C. § 971.

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