Law

Abstract

In the case of Kearsarge, 2 Curtis' Rep. 423-5, it was decided that the statute of Maine, giving to material men, and mechanics and laborers, a privileged lien on the vessel for their security for materials furnished and labor performed in building or repairing a vessel, did not extend to materials and labor furnished for two vessels, the language of the statute being any vessel, in the singular number. It is obvious that the reason for allowing the privilege, or preference, is the same in one case as the other ; and in the District Court it was allowed on this ground: Ware's Rep. 536, 2d edit. The law was considered to be a remedial law, and as such should receive a liberal construction in furtherance of the general policy of the law makers. In the Circuit Court the decree was reversed, and it was held that the statute should receive a strict construction on the ground that the preference given to material men and mechanics operated to the prejudice of the general creditors of the owner. The general principle on which the Circuit Court decided, was affirmed by the Supreme Court in the case of T'andeventer vs. The Yankee Blade, 19 How. 29, that such lien was to be held to a strict construction in favor of general creditors. The first inquiry suggested by the question is, whether these privileged liens granted by a State statute are to be considered and