The Sinaloa

Exceptions to libel for services as watchman, alleged to have been performed on the launch Sinaloa at the request of her owner. It is not averred where the vessel lay at the time of the performance of the services, but the cause was argued on the assumption that she lay in her home port; the real question submitted being whether the services of a watchman employed by the owner create a lien upon the vessel under the act of Congress of June , 23, 1910, when such services have been rendered in her home port.

It has been frequently held that such service is not maritime. The Sirius (D. C.) 65 Fed. 226 ; The America (D. C.) 56 Fed. 1021 ; The E. A. Barnard (C. C.) 2 Fed. 712 ; The Island City, Fed. Cas. No. 7,109. In the absence of the act of Congress of June 23, 1910, the services of a watchman would create no lien. This act provides:

This act does not by any fair construction of its terms include the services here in suit, nor is it clear that its terms should be so 'extended by construction as to include them. The apparent intent of the act was to relieve those persons who formerly would have had a lien if credit had been given to the vessel from the necessity of alleging and…