United States District Court for the Northern District of Ohio

“ No question is made as to the rank of said wages claim of Charles Wright and others, who have been paid out of the fund, as that claim ranks higher than any of the others decreed, except that of the United States for said taxes.
The claim of libellants is for materials, labor, etc., in the repair of said vessel in her home port, at Oswego, New York, for which, by virtue of the provisions of the laws of New York, [3 N. Y. St. (6th Ed.) 783,] libellants acquired a lien which is by said statute made superior to all other liens, except only mariners’ wages. ”

“ The gross proceeds of said sale, as appears from the return of the marshal, in this cause was $4,325, out of which there was retained by the marshal, on account of his fees and costs, $281.11, and the balance, $4,043.89, was paid into the registry of the court. From this sum, pursuant to an order of the court heretofore made, the sum of $122.75 has been paid, being the amount of damages decreed by the court against said schooner in favor of Charles Wright and others, on account of their seamen’s wages, leaving now for distribution, in the registry, the sum of $3,921.14. ”

“ It is proper to remark that, before proceeding to the consideration of this matter and the framing of this report, due notice was given to the proctors of all the parties who have recovered the decrees mentioned in said Schedule A of the time and place when the matter would be heard. ”