The Canton
District Court, D. Massachusetts
In admiralty. This was a libel in rein, for ■wages earned on board of the sloop Canton, ■of thirty-five tons, during the summer of 1S56. The answer alleged, 1st. That the li-bellants were not seamen, nor engaged in maritime service, and that no lien existed for their services; that the vessel was employed in freighting and laying stone in and about Boston, and between Quincy and Boston. 2d.
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In admiralty. This was a libel in rein, for ■wages earned on board of the sloop Canton, ■of thirty-five tons, during the summer of 1S56. The answer alleged, 1st. That the li-bellants were not seamen, nor engaged in maritime service, and that no lien existed for their services; that the vessel was employed in freighting and laying stone in and about Boston, and between Quincy and Boston. 2d. That in accordance with the general custom at Quincy, this vessel was hired by the master, on shares, and that he victualled and manned her; that this fact was well known to the libellants when they were…
1Opinion of the Court
SPRAGUE, District Judge.
This is a libel in rem. for wages. The services are not denied; but the claimants, in the first place, contend that the employment of the libel-lants was not maritime in its nature; and this defence finds countenance in the case of Packard v. The Louisa [Case No. 10,652], which vessel was similarly employed. The only question actually decided in that case was, whether, after the expiration of three years, during which time the vessel had gone into the hands of bona fide purchasers, without notice of the claim, the lien could be enforced; and it was very clear that it…
2Cases cited1 opinion
- Cope v. Vallette Dry-Dock Co.U.S. Circuit Court for the District of Eastern Louisiana · 1883
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- Boylan v. The InternationalDistrict Court, S.D. New York · 1887
- The Virginia BelleDistrict Court, E.D. Virginia · 1913