Page:Federal Reporter, 1st Series, Volume 6.djvu/642

 €80 FED2BAL BEPOIiTEB. �The Shoet Gut. �(District Court, W. D. Pennaylvania. March 17, 1881.) �1. " Clebk"— Pbnn. Act of Apko. 20, 1858. �The " secretary and superintendent" of a corporation, who "had charge of the fltting and building" of a boat for such corporation, is not a "clerlt" within the meaning of the Pennsylvania act of April 20, 1858, (1 Purd. 97,) reiating to beats navigating the river» Allegheny, Monongahela, and Ohio. �2. Mastbr of Vesbel— Lieu for Wages. �The master of a vessel has no lien in admiralty for hig wages. �3. Same — Stattttoby Lien — Intervention. �Such master cannot by intervention avail himself of the original libel, in order to obtain the beneflt of a statutory lien which has- expired by limitation �4. Same— Failuee to Pat for Stock— Debts of the Vessel. �The failure of such master to pay for his stock in the corporation owning the vessel will defeat his claim for wages in advance of the payment of the debts of the vessel. — [Ed. �In Admiralty. �Sur Exceptions to the Commissioner's Beport Distributing Proceeds of Sale. �William M. McElroy, for exceptions. �John S' Lambie, for report. �AcHESON, D. J. The exceptant, E. H. Palmer, Jr., claima to be paid, out of the proceeds of the sale of the steam-ferry- boat Short Cut, $288, "for his services as clerk," from March 2 to June 23, 1880, and $204.88, the balance of his wages as master, from June 23 to October 6, 1880. �The evidence, however, shows that the exceptant was not a clerk of the boat in any proper sense of that term. During the period covered by that part of his claim the boat was in course of construction. She was built for and owned by the Six-Mile Ferry Company, a corporation. The huU was built under contract by S. P. & I. N. Large for this company, and the company had the boat finished. The exceptant was "sec- retary and superintendent" of the corporation, appointed by the board of directors. He testifies that he "had charge of the building and fitting of the boat," or, as he elsewhere ��� �