Page:Federal Reporter, 1st Series, Volume 4.djvu/568

 554 FEDERAL REPORTER. �whom the Judgment appointee! ; that the referee give a specified notice of the sale by advertisement, etc., that any of the parties to the suit might purchase; that the referee execute to the purchaser a bill of sale of the vessel ; that out of the proceeds, after deducting his fees, and the expenses of the sale, and the cost of keeping the vessel after the judgment and before the sale, be pay to the plaintiff a specified sum for his costs and charges in the suit, and also the sum 80 found due to him; that he deposit the surplus, if any, in court, and make a report of the sale, and specify any defieiency in the sufS- ciency of the proceeds to pay said amounts; that the defend- ant, Daniel H. Terrell, pay such defieiency to the plaintiff; that the plaintiff have execution therefor; that the purchaser at such sale be let iuto possession on production of the refer- ee's bill of sale ; "and that the defendants, and ail persons claiming under them, or any or either of them, be forever barred and foreclosed of ail right, title, or interest, and equity of redemption in the said schooner sold as aforesaid. " �Subsequently the judgment waa amended by striking out the Word "referee" in ail places, and inserting the word "receiver," and requiring from the receiver a bond in $1,000. The receiver sold the vessel at auction iinder this judgment, and Hawkins became the purchaser of her at such sale. The bill of sale of her to him by the receiver is not in the case. The advertisement of sale gave notice that the receiver would sell "ail the right, title, and interest which Daniel H. Terrell and Almeron Whitehead had to or in the schooner B. F. Woolsey on the third day of November, 1879." The pro- ceedings in the suit in the state court are sought to be upheld under the provisions of the act of the legislature of the state of New York, passed May 8, 1869, (Laws of New York of 1869, c. 738, p. 1785,) entitled "An act to provide for en forc- ing the liens of inn-keepers, boarding-house keepers, me- chanics, workmen, or bailees upon ehattel property." The statute provides as follows : �"Section 1. Any inn-keeper, boarding-house keeper, me- chanic, workman, or bailee who shall have a lien upon any ehattel property, may commence an action in any court hav- ����