Page:Federal Reporter, 1st Series, Volume 9.djvu/136

 THE IPACII'IO. 121 �by Gustavus Pienez, of ITew York. This work was also the first o£ its kind put upon the dredge, and was a necessary part of her equipment as a dredge. The boiler was furnished under a written contract providing that the title should net pass uiitil the notes given for the purchase money were paid. These notes all lell due after the boiler was delivered. The boiler was delivered about August 10, 1880. The other items ran between May 26, 1880, and September 4, 1880. This work was all done while the dredge was in New York. The l)nlance due to Pienez was $964.49. �The anchors, ropes, and chains were furnished by H. B. Bailey & Ce, of New York city, and were all the first of the kind furnished for this dredge. They were furnished between September 8 and 18, 1880, while the dredge was still at New York, and the amount charged for them was $787.45. �John F. Walsh, of New York, also did work and furnished materials in caulking the hull, while in New York, for which there was due him $176. The bucket or scoop of the dredge was furnished by Theo. Smith & Bro., of Jersey City. Various other work was also done by them, which was between the dates of June 30, 1880, and August 7, 1880. The bucket was delivered about September 20, 1880, at Jersey City. This bucket and materials were not sent by them to the dredge, but delivered at Jersey City to Pardessus & Anthony. At the time of delivery the dredge was in New York. The contract was that the bucket was to be^ delivered in Jersey City. The bucket was not at- tached to the dredge in New York, but was brought to Norfolk by common carriers. While incomplete as a dredge in this and other respects, but at the same time sufflciently complete to risk the voyage, the dredge was towed to Norfolk, Virginia. After arriving at Norfolk this same bucket, which was the iirst the dredge had, and was necessary to her completion as a dredge, was attached to the dredge for the first time, as also the poles used in hoisting and lowering it. Various other work, occupying in all 10 days, was done upon the dredge after arriving at Norfolk, before it was complete as a dredge and ready for work. It had left New York September 24, 1880, arrived in Nor- folk September 29, 1880, and did its flrst work October 6, 1880. On account of its incomplete construction it worked poorly, and ran its owners heavUy into debt. On December 12, 1880, it was libelled for towage, and a decree of sale obtained. Pending the sale under this decree, its owners, on Jan- uary 8, 1881, sold the dredge to the National Dredging Company, of Wash- ington, D. C, the consideration being $6,000 in cash, and the assumption by the said company of a dredging contract with the United States government held by Pardessus & Anthony. The purchase money, except a few hundred dollars, was applied by the vendees to the payment of admiralty claims against the dredge held in Norfolk; Pardessus & Anthony assuring the vend- ees that there were no other admiralty liens on the dredge than those held in Norfolk, and that all their other debts were mere personal obligations, of which part were for the construction and fitting out of said dredge. Imme- diately on the consummation of the sale, the vendee set to work improving and completing the dredge, and on the twenty-fourth of January, 1881, when the present libel was filed, had spent or contracted to spend $4,000 on it in improvements, which was swelled to $7,000 by March 1, 1881. None of the above-named parties filed in New York the specifications of lien required ��� �