Page:Federal Reporter, 1st Series, Volume 5.djvu/195

 IN EE OHUBOHMAN. 18a �At the time of filing the last petition another one was filed seeking to establish and enforoe a maritime lien for services and repairs on both of these tug-boats, fumished and <ixpendeà long before the proceedings in bankruptcy. The dates of repairs and services to both boats ran from June 20, 1873, to October 16, 1875. Pending the proceedings for the release of the tug Brown from the arrest made on the libel as afore- said, and on the petition in the bankruptcy court for affirm- ance of the admiralty rule, an agreement was entered into by •counsel for sale of the tug-boats, That agreement was as fol- lO-vïH : "That the proceeds of the sale of the two-thirds of said tug shall, when they come into the hands of said assignee, staud in lieu of the twro-thirds interest in said tug-boat owned by the said assignee, and that the libellants shall have, as against said fnnd, ail the rights, lien, claim, and priority that they would have had againat the t-wo-thirds interest of said tug. This stipulation applies to the.equal two-thirds part of said claim of $34:9.91 and interest, but is not intended to pre- clude the said assignee from contesting the right of the libel- lants to have any lien on or to be paid out of said fund, or to contest the amount of said bill, or to set up any other defence against the said claim, or against its payment out of said fund, or with respect to the orde'r of priority of any lien there- for whieh the libellants tnay be adjudged to have," �In pursuance of this agreement the tug Brown was sold by the order of this court, clear of ail encumbrances, and the proceeds paid to the assignee in bankruptcy. A similar order was made_ for the tug Churchman, and she was sold in pur- suance of said order, and the proceeds of sale left in the hands ■of the assignee, �It was understood, agreed, and se ordered by the court, that the proceeds of the sales of these two tugs should stand in lieu of the vessels themselves, and be made answerable for any maritime lien which might be ascertained and established against them or either of them. In the agreement above Tecited reference was alone made to the lien for $349vj91 for repairs- and supplies fumished the tug Brown, but l appre- hend that, if there ia td be found a valid lien not mentioned ����