Page:Federal Reporter, 1st Series, Volume 3.djvu/538

 PETBIB V. STEAM-TCa OOAL BLUFF NO. 2. 531 �consideration. The case has not yet corne from the commis- sioner. The court has been given to understand that it i& ready to corne, provided the commissioner shall not be per- mitted to take into account, in his ascertainment of damages, the injuries sustained by the Doud. FoUowing the praetice pursued by Judge Woodruff, in the case of The Pennsylvania, supra, 1 am able to do what is conceived to be justice between the parties^that is, to allow the damages sustained by the Doud to be alleged in the answer, with an appropriate prayer that the same be applied in reduction or extinguishment of libellant's claim; that testimony be taken by both parties upon that branch of the case, and that the commissioner theL. make report as to the damages sustained by both vessels. This I shall permit to be done. ���Petbdb V. The Steam-Tug Coal Bluff No. 2. �{District Court, W. D. Pennsylvania. June 18, 1880.) �1. Vessbl — Part Owner — Wagbs— LiçN Cebditobs. — A part owner of a �vessel condemned and sold in admiralty, who bas a claim against the Tessel for bie wages as engineer, Will not be pennitted to assert bis claim in opposition to creditors, wbo, by a state statute, bave liens against the vessel for debts for which sucb owner is personably liable jointly with the other ownera. �2. FuND IN Rbgistry — Claimant. — Any person having an interest in a �fund in the registry of a court of admiralty may apply by petition to- have his daim satisfied out of the fund, although he may not be entitled to prosecute a suit in admiralty to enforce his claim. �3. Maritime Lien — 8tatdtory Lien. — A party to a suit in admiralty, �whose lien is not a maritime one, but exists by virtue of a state statute, cannot object to a claim made a lien by the same statute, upon the ground that the latter groWs out of a contract which is not maritime. �4. State Statute— Matbriai, Man— Lien.— Under the Pennsylvania �statute of April 20, 1858, relating to vessels navigating the rivers^ AUegheny, Monongahela, and Ohio, a contracter ,who builds the hull of a steam-boat, and furnishea the materials therefor, has a lien. �In Admiralty. ����