, 1875-07-26
0f having thom made In the hast and most hco-

repair tho vcssnl for fixed prico, for wlItca, thoY
worn to xconfvo ano.half tito monny down, anil
tho bRnnco 10 n1tY tnyH. After making tho cotl-
tract, 1ianaen toograr'esl to t3cl'anoy, tho Cap
.cl.rncr rcpa.o,l. iho latter procceded .1,oro,
and Hl,e waa roraEol accor'ling to tho contract.
Whom Hile waa completed and rsady to leave, =
daft wns drawn for oue-haIf tho amount OF lilo
1opaisa and tho Captain Eavo thA Dry-Dock
Company certificate of iniobteanesH for
slG7Gs, certifying that Il waa for rouaira on The
rcloouer, ald payable In sixty DAYS. Tho IN
lol,tctlneas remaining unpaid, ]ibbl Wan nlod
against tho acliuotIUr.
Tho tlotei,sc was in.orpoaol thu. ths contract
VIVA inalo OH tie crodt Ut tho owncra and not
on tic credit Of tho veBBol that although It WAS
slouo it. 4 foreign port. yst tho Veasol loft her
1lhmo rot mt OIL yoYugo in the ordinary
co,lrso of mnritimo employment, but for tho
purpose Of receiving hnt 1opalss III anotllor
port. Tue question. tho Judge said, WAT
whether, unler tito facts III tic csso, tho roa-
ton OF tho parties was not precisely tho same al
sho,gt tho feratrs lad becri made In tho homo
port; whether MAntsowoo noY not lave been
aah TO bo n " homo port Of thn ressol, and
of tho owners. The 1.-The! md nvidonco showed,
aa tho hhnllants understood tho mattar,
that tho repairs Wero mado on tlo
credit Of lilo vchsol. Tho evidence showed
that tho ovnors q Tho Vcsaoi we1o not Of any
financial credit Quo was shoemaker, the other
was tho master OF tho yesAct. ard neither, out
r,tle Of tho vessel. had any means 10 give lin
credit, Thero Was no doubt but that. II tho
vesso bud bcon Obliged to put Into port In
eonid coil l,avo been made an'd tho len nre.ervej,
and although tic owngEs Of tho yo4sol took tho
,rccaut,on TO 70 10 Mauitowoo and make tile
contract beforo going there with the vessel, yat
i o 'fs fepais e' q s'tt er t' op p.Fsfs saosg ess
there would bo no dispute. but that It
tho Captain had gone into Man,towoc, whllc in
tho prosecution OF voragc hctwoen Buffalo and
Ct,tcnfo, for instance, tho Dry Dock Company
made OH tue credit Of tho vtBse and, Under tho
evidence In tic cnse, tho Court must lind tlat tho
repaIrs were 'natle OIL tho credit Of tho voHao
A further objection. the Court remarked, was
tho schooner. sinoo tho repairs In queatiou were
ma1e, lad hceu lilo!ed III the District Court and
sold utlor decrce, aud that tue proaent owuars
lIe!d hor under tho salo nla1e III pursuance OF
TINT docrco. But the Iulyo llctd thore was no
proof on tllat point lit wero true, he should 10
obligetl TO hold that tho presont owuera wero
freq and Clear OF TINT lien, because tho sale OF
the vessol under tho decree of tho Court in nd-
miIaity passo tho sitte ~ agsinat oil tho world.
aud proved up their clam against tho procooig.
The fact that une Of tho present oWncrs was
Captan at tho time tho rroi'erty was gold did not
claugv tho matter. There wss nothing 10 Bhow
that tho present owlier, although ho waa the
subieot to tho for1nor 1;o1l any moro than il q
stranger Ind purchased AeI. That obicetiuu
would no o1esruloIl for want Of proof decree
would therefore bo eEtoroa IN favor Of llballAutB
Tor the amount OF their clatln With costa.
TIE RATE niScMMAN.
In tho matter Ut tic prnce1lH Ut tho schaones
katc liinch,nat, Judge btut1sett rendered an i'm
porsans uecIBitn in regard to tho priority of
mortgage aud maritime licna. and interpreting
tho DECISION Of thu bupsoMe Court in the woll-
kun af }t,a Err fE1a
kate iiinchulan was l,balea anl sold untlor l.
docrce vi tho Court, mud tho proceeds paid into
tho licgstry. After tho fling OF tho dsat libel
hinder whch atio was Hold, Heyeral persons hold
by petition aud flied cailnH against tho proceeds
in Court. Honlo timc after Nil order OF toleronco
WAS tskon to tho Clerk Of the Court
10 puttuiHto and report tho amount Of money in
What shoy wero respectively rendered for, In Or
der that d Distribution Of tho proceeds might bo
made among the pRrtie4+ The CLARK tnatIs hlH
ropurt, md from that 1t appeared that portion
Of the cla!ma wero for towing. soma for aup-
plies uld provisions furnished to tho achooter,
otloEN for ropalra, otiots for mater1als eud air-
plies, aud Quo Martin DeuHo! filed claltn based
on mortgage for about el.G00 with interest
tllarcon for four yoare and upwards. The mort
gnYe waB flied for record with the Collector OF
tho port. and was In I'LL respects regular on Its
faco. and a lion Oh the ycsdat under tho nck of
CoHgrpKs,
Tile question arising in tic case wts Us to tho
manuor IN whicl. the49 various c!aima should be
Oil tho part OF tho partiss WHO lad furnished
aud supplies that I|loy ware furnished
under thu statutos OF tho State. On tue part of
tho nlortgaEe0 it waH claimed that ho was en-
titled to payment In full out Of those funds in
court before tho other PARTIES we're paid
The Judge said tAat Rftos an examination OF
oil lilo faots in tho case, h9 Ind cQno to tho con-
c!uson t4at tho fund should be distributed 10
lha H,,, following ,; mannes; The tlsst llbe under
lind baon paid by stipulation. but tho costs
wore jet due, Tho tlrat application
Of tho fupd4 would DO to tlo
payment Of tho costs OF the ilbol
uudor The authorltica as now recognized. There
must bo payment fn full OF tho mortgage
Third. tho Clerks, ARrAhal's, aud prooto1aF feos
~ the vasiona petitions which Aad been n!od
flonld bo paid ont q The remaining nroceeda,
might haSe saEea costa BY consolidating soala Of
llis petitions aud decreasing the ooyts. The
Court did not think lroctors woro justified in
lilMg MI unnecessary humber Of patitiuns whore
The result would be to cat up the snt,re fund In
costa instcad of leaving It ia so to The e1tn-
guiahmont OF olatma. Tlp balspee ut
tho proceeds wero to bo divided pro
rstA asnong tho cIusmanta There was no
4,forenca In thoir etAndlng-Home woro Claims
Tor cioshlnk. Roue for provisions. and soma for
supphca,-and there WA no roason why ono Of
tliem Should 10 prefarrel osar the other.
IAo case, tho Judge remarked iu conclusion,
lat been arguod ~ q tdat case 10 do,srn,luo
Wsiat course tic Court pursne iu tho matser Of
lio1s Tor aupplloa furnished in homo port. Bus
DO could not see that any Discretion was lat to
hin, for tho Supreme Court, in tue caac OF tic
Lottassanpa, 1t aoomed [whAtover had been ulo
law before In regard to furnishing supplies In a
loma post). had put tho question At soss, and
hereafter the laF IN admiralty nlnak bo Rtt1ninis.
tered on tho haAis h4t there yas no lien Tor aup-
Plies in homo port. Tho superior
M oiaos "a mortgage aaF Liens n over the
furnished In foreign port, had been recognized
ne Judge sati. by hs predecessor in the cass OF
toe Grace Grsenwood aud by tho Unitad States
CoMt lu tle caae Of tho Gray Eagle, aud 10
should cqnllnuo to follow that rule potNitlstand-
l1ig tho atatute Of the state Court which gave
a lien. p7'o
q. sU1Ta FoR DAMAGES.
Emilio aiia'!ls, q miuos, by her ns1t friend
sgaipst Y Andrew ]. Coay. 6Lo chA1goa that tlo
aolondant on tho 10Th day Of Juue last lecoyed |
her Into tli0 HhFGD Erl,nHt hulfd;re. - a..