Hypothec upon a Ship for Furnishings and Repairs. - Hypothec for Seamen's Wages. - Upon the Cargo for Freight.
The Rope-Wore Company of Port-Glasgow, v. Messrs Crosses
Date: 4 March 1761 Case No. No 68.
Furnishers for the repairs of a ship found to have a hypothec upon the ship for repayment.
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Captain Dunlop, master of a ship belonging to Mathew Bogle, which was going to Virginia, got repairs of ropes made upon her at Port-Glasgow before she sailed, to the amount of about L. 90 Sterling.
In a competition among Mathew Bogle's creditors for the value of this ship, which had been sold, and the price of which was in a trustee's hands, the Rope-Work Company, furnishers of the ropes, insisted, That they had a hypothec on the ship, and a preference on the price before Mr Bogle's other creditors.
Answered, 1mo, A ship cannot be hypothecated, except by the express paction of the master; there is no implied hypothec upon ships. 2dly, The master cannot hypothecate the ship for repairs, even by express paction, except in a foreign port; and this he is allowed to do, only from the necessity of giving him such a power, as without it he would get no credit for her repairs.
‘The Lords found the Rope-Work Company preferable.’
Act. Lockhart, Ferguson.Alt. Miller, Jo. Dalrymple.Clerk, Home.
Fol. Dic. v. 3. p. 296. Fac. Col. No 28. p. 56.
