MECHANICS' LIEN 2557

repairing, equipping or refitting of such boat or vessel, deliver to the clerk
of the circuit court for the county where the building, repairing, equipping
or refitting was done, or the clerk of the circuit court of Baltimore City, if
done in the City of Baltimore, an account or statement verified by the oath
of the claimant taken and subscribed before some justice of the peace or
other officer authorized to administer an oath, setting forth the names of
the claimant and debtor; and, if the debt was not contracted by the owner
but by his agent, the name of such agent, the name or other certain descrip-
tion of the boat or vessel and the place where built, repaired, equipped or
refitted and the particulars or items of the claim or debt; and 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 36.

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. 38—see notes thereto. The D. B. Steel-
man, 48 Fed. 583; The Marcelia Ann, 34 Fed. 143.

See secs. 19, 23, 34 and notes.

An. Code, 1924, sec. 45. 1912, sec. 45. 1904, sec. 45. 1888, sec. 46. 1856, ch. 294, sec. 1.
1865, ch. 190. 1939, ch. 754, sec. 45.

36. The clerks of the several circuit courts for the counties and of the
circuit 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 defen-
dant and taxed as costs against him, for which and for other costs in prose-
cuting the claim the defendant shall be liable, in case the lien be established;
the clerk to be allowed the same fees for recording said statement or account
as are now allowed for recording deeds or bills of sale.

This section referred to in construing sec. 38—see notes thereto. The D. B. Steel-
man, 48 Fed. 583; The Marcelia Ann, 34 Fed. 143.

An. Code, 1924, sec. 46. 1912, sec. 46. 1904, sec. 46. 1888, sec. 47. 1856, ch. 294, sec. 2.

1865, ch. 190.

37. 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 proceedings
may be continued, and a decree passed thereafter. Lucas v. Taylor, 105 Md. 111.

This section referred to in construing sec. 38—see notes thereto. The D. B. Steelman,
48 Fed. 583; The Marcelia Ann, 34 Fed. 143.

See sec. 28 and note.

An. Code, 1924, sec. 47. 1912, sec. 47. 1904, sec. 47. 1888, sec. 48. 1856, ch. 294, sec. 3.

38. The lien given by this article on boats or vessels shall not entitle
the claimant to preference over creditors or claimants secured by mort-