Page:Federal Reporter, 1st Series, Volume 3.djvu/917

 910 raDSBAIi BB70BTEB. �On the twenty-fifth of July, 1874, Luke Prickard and othera filed a libel, for repairs, for the sum of $38, against the canal- boat A. Noxon, and process issued returnable July 28, 1874, on wbich the marshal returued that he had attached the canal-boat A. Noxon. �On the twenty-eighth day of July, 3874, Horatio N. Walker, a proctor of thia court, filed with the elerk, in each of the two cases of Murtagh against canal-boat Noxon, and Prickard and others against canal-boat A. Noxon, a notice entitled in the cause as follows : "The clerk will please enter my appear- ance as proctor for the claimant ; " wbich notice was subscribed "Horatio N. Walker, Proctor for Claimant." �On the fourtb day of August, 1874, Hewitt Chard and others filed their libel against the canal-boat A, Noxon, for repairs and materials, for the sum of $231.35, and process was issued returnable August 25, 1874, on which the marshal returned that he had attached the canal-boat A. Noxon. �On the return day of the several monitions in the cases of Prickard on the twenty-eighth of July, and of the New York & Amboy Towing Company on the eleventh of August, and also on the return day of the order of publication in the case of Murtagh, Mr. Walker also appeared in court; his appear- anoe as proctor for claimant was minuted by the clerk, and he obtained leave to answer in one week. �On the eleventh of August, 1874, Mr. Walker signod a paper entitled "In the suit of Murtagh against the canal-boat Noxon," as follows: "The undersigned, proctor for the owner and claimant,. hereby consents that a decree may be entered for $42 and costs, and that said vessel may be sold by au order of this court, aiid a vend. ex. may be issued to the mar- shal." This was subscribed "Horatio N. Walker, Proctor for Dutcher, etc., Owners." This was filed August 13, 1874, and a decree of condamnation and sale was entered, together with an order for the issue of à writ of venditioni exponas for the sale of the canal-boat, upon giving "six days' notice of salo pursuant to law." The decree recites that it is made "on reading and filing a consent signed by Horatio N. Walker, proctor for the claimant," and was entered on motion of libel- ����