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Maritime lien

Black's Law Dictionary · Henry Campbell Black, M.A. · 1910

Black's Law Dictionary

A lien arising out of damage done by a ship in the course of navigation, as by collision, which attaches to the vessel and freight, and is to be enforced by an action in rem in the admiralty couris.

The Unadilla (D. C.) 73 Fed. 351; Paxson v. Cunningham, 63 Fed. 134, 11 C. C. A. Ill; The Underwriter (D. C.) 119 Fed. 715; Stephenson v. The Francis (D. C.) 21 Fed. 719.

Maritime liens do not include or require possession. The word "lien" is used in maritime law not in the strict legal sense in which we understand it in courts of common law, in which case there could be no lien where there was no possession, actual or constructive, but to express, as if by analogy, the nafure of claims which neither presuppose nor originate in possession.

22 Eng. Law & Eq. 62,