Page:Federal Reporter, 1st Series, Volume 5.djvu/194

 182 ZSDEBAL BEPOBTEB. �Bbadpobd, D. J. a petition of Neafie & Levy, of Fhîladel- phia, ship-builders and machinists, was filed in this court for the ascertainment and establishment of maritime liens grow- ing out of repairs and supplies fumished by them to the tug- boat Col, S. L. Brown, amounting to $3,800.82, and upon the tng-boat F. A. Churchman, amounting to $311.71. The petition also prayed in the alternative for an allowance by the court of the amounts due for the said supplies and repairs as prbper under the circumstanees of the case, if it should be determined by the court that liens were not to be allowed or created, or considered as payable out of the funds in the court for distribution. Bankrupts owned two-thirds of the tug-boat Brown, and eleven twenty-fourths of the Churchman. The date of filing the petition in voluntary bankruptcy was March 13, 1876. The assignee, Ignatiua C. Grubb, was appointed in April, 1870. These tug-boats were sold under an order of this court on December 4, 1877, free and discharged from ail encumbranccs. A libel in admiralty was filed by the petition- ers after the appointment of the assignee, seeking to establish a maritime lien on the steam-tug Brown for matcrials and repairs furnished subsequent to the act of bankru^jtcy. This libel was dismissed, with costs against the libellants, on the grounds that this vessel was already in custodia legis, and not the proper subject-matter of arrest on a libel. And eontem- poraneously in the bankrupt court a petition seeking to estab- lish and enforce a lien for the amount claimed in the libel was ordered to be amended so as to pray for such an allow- ance as in the discretion of the court was proper for the repairs and services rendered the Brown since the proceed- ings in bankruptcy, and which, in the judgment of the court, had not created a lien. A similar petition by the said peti- tioners, for like services and repairs to the tug Churchman, was afterwards filed on November 19, 1879. Upon consider- ation of the first petition there was allowed by the court, for repairs and supplies furnished to the Brown, the sum claimed, without interest, viz., $232.55. The claim for supplies and repairs furnished the Churchman, viz., $96.03, bas not yet been passcd on by this court. ����