28 F. 111 | D. Mass. | 1886
This is a libel by material-men to enforce a lien lor labor and materials furnished in repairing the steam-tug Helen Brown, at Boston, her home port. The lien is claimed under a statute of the state which gives a lien for labor performed and materials furnished in the repairs oí a domestic vessel. Pub. St. e. 192, § 14. Section 15 provides that “such lien shall be dissolved unless the person claiming the same files, within four days from the time when the vessel departs from the port at which she was when the debt was contracted, in the office of the clerk of the city or town within which the vessel was at such time,” a statement giving a just and true account of the demand claimed to be due to him. The Helen Brown was an ordinary tug-boat, engaged in the usual business of boats of her class. After the libelants’ debt was contracted, she towed a vessel from Boston to Lynn, and on several other occasions she went to Lynn, and was there engaged in towing vessels; but in each instance she returned to Boston the same day after the service was rendered. It was admitted that no statement of the libelants’ demand was filed, as required by section 15, until more than four days after the last of her
Reference was made to chapter 70, § 7, Pub. St., which, for pilotage purposes, defined the harbor of Boston to include all the waters within Nahant rock, on the north, and Point Alderton, on the south, Lynn being within those limits. But it is apparent that this is an arbitrary line, established for pilotage purposes only, and can have no application in cases arising under chapter 192.
Libel dismissed, with costs.