2154 ARTICLE 63.

which account or statement shall be re-delivered by such clerk to the party
filing the same after it has been recorded as provided in section 45.

A claim is filed in time if it is filed within six months from time of commencement
of work for which the claim is filed—it need not be within six months from time of
commencement of building of vessel. A designation of the " place where " the boat
was built held to be sufficient. Question of who was owner of a vessel, passed on.
Lucas v. Taylor, 105 Md. 104.

This section referred to in construing sec. 47—see notes thereto. The D. B. Steel-
man, 48 Fed. 583; The Marcelia Ann, 34 Fed. 143.
See secs. 19, 23, 43 and notes.

An. Code, sec. 45. 1904, sec. 45. 1888, sec. 46. 1856, ch. 294, sec. 1. 1865, ch. 190.

45. The clerks of the several circuit courts for the counties and of
the superior court of Baltimore city shall each keep a docket to be called
" Boats' lien docket," wherein it shall be the duty of each of said clerks,
upon application being made to him in accordance with the requirements
of the preceding section, to record the said statements or accounts filed
with him and, immediately thereafter, he shall docket a case between the
parties to the claim, entering the claimant as plaintiff and the boat and
its owner and the owner's agent, where the debt was contracted by an
agent, as defendant, and the day when such claim was filed, and the amount
thereof; and the clerk shall be entitled to fifty cents for each entry, to be
paid by the defendant and taxed as costs against him, for which and for
other costs in prosecuting the claim the defendant shall be liable, in case
the lien be established; the clerk to be allowed the same fees for record-
ing said statement or account as are now allowed for recording deeds or
bills of sale.

This section referred to in construing sec. 47—see notes thereto. The D. B. Steel-
man, 48 Fed. 583; The Marcelia Ann, 34 Fed. 143.

An. Code, sec. 46. 1904, sec. 46. 1888, sec. 47. 1856, ch. 294, sec. 2. 1865, ch. 190.

46. Every such boat or vessel against which an account or statement
shall be filed under this article shall be subject to a lien for the debt and cost
justly chargeable -against it for two years from the day on which the account
or statement shall be filed and no longer; but the claimant may have the
benefit of any other lien upon said boat or vessel to which he may be en-
titled by mortgage, bill of sale, or otherwise.

Although proceedings to enforce lien must be taken within two years, the pro-
ceedings may be continued, and a decree passed thereafter. Lucas v. Taylor, 105
Md. 111.

This section referred to in construing sec. 47—see notes thereto. The D. B.
Steelman, 48 Fed. 583; The Marcelia Ann, 34 Fed. 143.

See sec. 38 and note.

An. Code, sec. 47. 1904, sec. 47. 1888, sec. 48. 1856, ch. 294, sec. 3.

47. The lien given by this article on boats or vessels shall not entitle
the claimant to preference over creditors or claimants secured by mort-
gage or bill of sale properly executed and recorded before the claim to be
secured by such lien shall have accrued.

Where there is no entire contract for repairing a vessel, but repairs are done from
day to day as ordered, only such repairs have priority over a mortgage duly exe-
cuted and recorded, as were done prior to record of such mortgage. Sec. 15 has
no application. The Marcelia Ann, 34 Fed. 143.