Souter

By the Court,

This was a proceeding under the “ act providing for the collection of demands against vessels “ and boats.” The first section enacts that “ every boat and “ vessel used in navigating the waters of this state” shall be liable to be proceeded against by attachment, in the manner prescribed.

The Sea Witch belonged to the port of New York, was a transient ship, had been in the harbor of San Francisco but a few days, and was intended for the New York and China trade. She was never otherwise used in navigating the waters of this state than by sailing into the harbor of San Francisco from the ocean. The question is, whether she is one of that class of vessels designated in the act. We think she is not.

The remedy given by the act, being strictly a statutory remedy, and of a character not recognized by the common law, and requiring no personal notice to the person proceeded against, ought not to be extended to cases which do not clearly fall within the language of the statute. Courts hold that such statutes should be strictly construed. ( 2 Cow. Rep. 419, 420 ; 15 Mass. Rep. 205 , 206.)

If a ship whose employment is on the high seas, because she enters the harbor of San…