Page:Federal Reporter, 1st Series, Volume 3.djvu/539

 632 > .' • '!.FEDEHÏiTJfBBPORTEB. - �Argued ty J.R.Barton, Jacob Miller and A. M. Watson, representing various interests. �AcHESoN, D. J. James Petrie filed in this court his libel against the steam-tug Coal Bluff No. 2, a vessel belonging to the port of Pittsburgh, and engaged in navigating the rivers Allegheny, Mouongahela, and Ohio. Process having issued against the boat, she was seized, and was subsequently con- «lemned, and was sold by the marshal, who paid into the reg- istry of the court the proceeds of sale. �AU claims for wages, (except that of John N. McCurdy,) and ail other maritime liens against the vessel, have been paid eut of the proceeds of the sale. There still remains in the registry of. the. court, for distribution, the sum of $3,127.82. �The claimants upon this f und are — First, John N. McCurdy, who filed an intervening libel for his wages as engineer; and, second, domestic creditors of the boat, claiming liens under the Pennsylvania statute of April 20, 1858, (1 Purdon, 97,) which applies to "ail ships, steam-boats, or vessels navigating the rivers Allegheny, Mônongaîiela, and Ohio," rri'said state. This aot gives a lien "for ail debts contracted" by the owner or owners, master, etc., of any such ship, steam-boat, or ves- sel, "f Or or on account of Ivork and labor done, or materials îurnished, by boat builderp', engine builders, boiler ma^^ers, lumbermen, boat-store and provision fumishers, carpenters," etc., "in the building, repairing, fitting, furnishing, or equip- ping such ships, steam or other boat or vessels." �1. John N. McCurdy was the engineer of the boat, and there was due him at the time of the seizure, on account of his wages, the sum of $1,700. But he was also one of the owners of the boat. Whether or not he could ma^ntain a libel against his own boat for a debt due, in part at least, from himself to himself, or, as between himself and co-owners, might claim a lien against the vessel or her proceeds, are questions which it is not necessary to consider; for the fund for distribu- tion is insuffieient to pay the creditors of the boat whose claims were liens by virtue of the Pennsylvania statute. Now, for the payment of these claims, McCurdy himself is person- ����