Page:Federal Reporter, 1st Series, Volume 2.djvu/834

 XOPFBR V. BOHOONEB MARY ZBPHYB. 827 �Prom thîs, by consent ot parties, six dollars is to be �deducted, leaving due the petitioner, - $365 88 �He also, after the death of the other part owner, paid for bills and liabilities previ- ously incurred for the benefit of the ship, $288 69 �Less his share, one-fourth, - - 72 17 ���Balance due, - -. - • - $216 53 ���$582 40 Less Captain Zephyr's share of net earnings on �tentrips, 183 95 ���Balance for advances, - - - |398 45 Some question was made as to the terms on which the trip of December 9, 1879, was made by the master. My opinion is that it should be deemed to have been made under the same agreement as that on which the previous trips had been made, and, if so, the petitioner has no claim against the fund ; on the contrary, he is liable to his co-owner for three-fourtha of $10.50— the net profits of the voyage— 17.87. �If, as be claims, the trip was made by him on wages, it is sufficient to say that for any balance of wages he can assert no claim upon the fund to be distributed, for he had no lien on the vessel. �There should also be deducted from the petitioner's daim the sum of two dollars, being amount paid for board bill of Captain Zephyr. This charge, however just, cannot be al- lowed as a lien on the vessel or her proceeds. The account- ing will, therefore, stand as foUows : �Due on accounting and settlement, $371 88 Less as above, - •» • - 6 00 �$365 88 �Due for advances, -. - $288 69 �Less Captain's pro rata share, - 73 1 7 �' 216 53 �$582 40 ■ ����