Page:Federal Reporter, 1st Series, Volume 7.djvu/696

 68e FEDERAL BBFOBTEB, �of the vessel. The mortgagee, by sufEering the owner to remain in possession and employ a master, cannot object to the master having that security against the vessel which the law gives him. The lien of the master for his wages is given in aid of an equity so strong that, even when not supported by lien, it has been held to be superior to the claim of the mortgagee, at least so far as regards the master's wages for the last voyage. The Trimountain, 5 Ben. 246. �This disposes of all the questions that have been raised. The fees of the commissioner may be paid out of vessel and freight in the proportion of the two funds. Out of the freight will be paid the claim of Crossman and his costs, then the seamen, then the master. Out of the proceeds of the vessel, the amounts found due the pilot and undisputed claims of material men, then the balance due the master, and anything remaining of the proceeds of the vessel to the mortgagee. �Decree accordingly. ���The Zaok Coanbleb. �{DUtriet Court, JT. 2>. Illinois. June 8, 1881.) �1. Close op Navigation — Sbames's Wages — Rbtukn to Port op Departueb. �A vessel was laid up at an intermediate port by the close of navi- igation, and the seamen, who had been engaged at a higlier rate of wages owing to the lateness of the season, were disoharged. Sdd, under the circumstances of the case, that the seamen were entitled to be paid their wages up to the time of their discharge, togethei with theexpense incun-ed by them inreturning to the port of depart- ure. — [Ed. �The lAoneas, 3 Fed. Rbp. 922. �In Admiralty. �C. E. Kremer, for libellants. Wm. H. Condon, for responaents. �Blodgett, D. J. This is a libel in personam, against the master and owners of the schooner Zack Chandler, ��� �