'  The  case  of  material-men  in  rem,  where  a  lien  exists,  and
in  personam  in  all  cases,  is  within  the  undisputed  jurisdic-
tion of  the  Admiralty.^  (a)  The  Admiralty  has  jurisdiction
to  enforce  against  the  ship  the  lien  of  a  shipwright,  having
the  ship  still  in  his  custody.'  (6)  It  has  jurisdiction  of  the
claim  of  a  shipwright  for  services  on  a  vessel  in  New  Or-
leans ;  for  the  service  is  maritime,  and  the  influence  of  the
tide  is  felt  there,  causing  a  f^gular  rise  and  fall  of  the  water,
which  determines  the  question  even  when  the  Admiralty  ju-
risdiction depends  upon  locality.'    The  Admiralty  will  ei\-

1  The  President,  4  Wash.  C.  C.  R.  453 ;  The  Gen.  Smith,  4  Wheat  R.
443  J  The  Jerusalem,  2  Gall.  R.  345.
«  The  Lady  Horatia,  Bee.  Ad.  R.  168.
3  Peyroui  et  al.  v.  Howard  et  al.,  7  Pet  Sup.  Ct.  R.  324.
which  the  party  has,  at  the  time  of  making  the  contract,  but  of  what  he  ex-
pects to  have,  and  of  things  not  then  in  existence.  It  will  attach  to  and  bind
the  party's  interest  in  the  thing  as  soon  as  it  comes  into  being.
The  hypothecation  creditor  is  not  subrogated  to  the  privilege  of  mechan-
ics and  material-men,  merely  by  paying  their  claims  on  orders  drawn  by  the
builder.  But  when  he  actually  furnished  materials  he  was  allowed  to  claim
concurrently  with  them. — ^The  Hull  of  a  New  Ship,  Daveis  R.  199.
(a)  Davis  v.  A  New  Brig,  Gilp.  R.  473  j  Harper  v.  A  New  Brig,  ibid,  536.
