Page:Federal Reporter, 1st Series, Volume 3.djvu/177

 170 FEDERAL REPORTER. �gence of his agents in its application to the owners of vessela and their agents, the master and mariners. �The policy of the maritime la"W, while it may properly ex- tend to ail claims that would subjectthe ship-owner to loss by reaeon of imputing to him the negligence or fault of the master or mariners, cannot rightfuUy be applied to shield him from a claim for the repayment of money 'which he has received but not earned. The loss to him in such a case is not in fact a loss at ail, since, upon the proper view of the matter, the money never was rightfully his, but only to become his upon a con- dition which has never been performed. No authority what- ever is cited which, to any extent, sustains the petitioner's claim. �The suit sought to be stayed is neither within the letter nor the reason of the statute. Motion denied. ���The City of Tawas. (District Court, E. D. Miohigan. July 2, 1880.) �MABSHALLiNa Claims — Ordbr op Patment. — Claims against the proceeds of sales, in cases arising upon the lakes, are usually paid in the foUowing order : (1) First costs of sale, and incident to the custody of the vessel ; (2) seamen's wages, unless there be subsequent salvage ; (3) claims for towage and necessaries furnished in a foreign port ; (4) claims for supplies and materials furnished in the home port, for which a lien is given by the state law ; (5) mortgages. �Samb — Classification. — Claims of the same merit are classifled accord- ing to the years in which they accrue, and those of a later year are paid in preference to those of a former. This does not, however, apply to claims of different ranks or merit. �Samb— Claim ot Infbriob Class.— -A claim of an inferior class is not entitled to payment in preference to a claim of a superior class, because the former happens to he in decree before a libel for the latter is filed. �Samb — Maritime and Statb Liens. — Maritime liens are entitled to be paid in preference to those under a state law. �Bamb— Sale Pbndbntb Litb.— Where the vessel Is sold pendente Ute, the date of the sale determines nothing as to the order in which claims should be paid. ����