VOL. VL,1 EXCHEQUER COURT REPORTS. 133 TORONTO ADMIRALTY DISTRICT. 1898 ..Y.. Jan. 22. WALTER W. BROWN PLAINTIFF ; A GAI NST THE SHIP " FLORA ".. DEFENDANT. Seamen's Wages—Watchman--Lien. - The caretaker' of a ship not in commission is not a "seaman," and has no lien for his wages. THIS is an action brought by the plaintiff for services, as watchman upon the abôve named boat during the winter of 1896-7, while such boat was lying dismantled. at her dock in Detroit. The owner did not dispute the claim, but other claimants intervening objected that no maritime lien existed in respect of it. ' The facts of the case are set out in the reasons for judgment. The trial of the action took place at Windsor on the 18th day of November, 1897. J. Hanna for plaintiff; W. K. Cameron for other claimants intervening. MCDOUGALL, L.J. now (January .22nd, 1898) delivered judgment. This is a claim by the, plaintiff for acting as watchman upon . the ' Flora. during the winter of 1896-7, while such vessel was lying dismantled at her dock in. Detroit. The duties performed were keeping the vessel clear of snow and pumping out any water.that accumu-° lated in the hull. He states he visited the ship every day for some months, and he claims that he is entitled
134 EXCHEQUER COURT REPORTS. [VOL. VT. i898 to a maritime lien for his wages, no portion of which BwR x has been paid to him. v. THE SHIP I do not think that kit.these services he can claim to FLORA. rank as a seaman, even within the broad lines laid „o.., down in the cases. I regard his services as being those r Judgment. of a landsman or shore laborer engaged by the owner to perform the duties of a watchman. The vessel was not in commission or even preparing for a voyage ; she was dismantled, portions of her machinery had been removed ; she had neither master nor crew and though still a ship in a legal sense was little better than a hulk. I have been unable to find any express English decisions upon the status of a watchman under these conditions, but have been referred to several American cases, in all of which such claims are declared not to be maritime liens (1). I must therefore disallow this claim. Costs will be reserved to be settled in the final decree. Judgment accordingly. • (1) The Harriet, Oleott, (U.S.) Gurney v. Crockett, Abb. 490 ; 229 ; the John T. Moore, 3 Wood. The Island City, 1 Lowell (U.S.) (U.S.) 61 ; Phillips v. The Thomas 375. Scattergood, 1 Uilp. (U.S.) 1 ;
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