Page:Federal Reporter, 1st Series, Volume 3.djvu/178

THE OITT 01" TAWAS. 171 �6. "Same— Claims m Deckbb. — Claims not in decree at the time of mak- �ing report classifying daims are not to be postponed to those then in decree, but when the final order for distribution is made tJie olerk should disregard ail claims not tben in decree. �7. Samk— LiBBL FiLED APTBB Repoht.— Wliore a libe^ is not flled until �after the report of the clerk classifying claims is made it sbould be postponed until after ail other daims are paid. Rules adopted for the marshalling and payment of claima. �In Admiralty. On exceptions to clerk's report classifying claims. �The city of Tawas was originally attached upon the libel of Thomas Pitts and John E. Gillett for a towage claim of small amount. Over 30 intervening libels were filed, and the yessel was sold for a sum insufficient to pay the claims against her in full. Keference having been made to the clerk to mashal the claims, he divided them into three classes: (1) Seamen's wages ; (2) towage and dockage ; (3) repairs and materials fumished in the home port, for which a lien is given by the laws of this state. To this report the following excep- tions were filed by the Detroit Dry Dock Company, a lien holder of the third class: (1) That ail claims for towage services rendered in the year 1875 are placed in the second class, and preferred to the claim of the dry dock company; (2) that claims for which decrees have not been rendered, and claims for which libels were filed subsequent to the ob- taining of the decree by the Detroit Dry Dock Company, are placed in the second class, and preferred to its claim; (3) that the claims mentioned in the second class are preferred to those mentioned in the third class; (4) that claims are placed in the second class and preferred to the claim of the dry dock company, although the libels therefor were filed after the sale of the schooner by this court. �John Bloom, also a claimant of the third class — that is, for neeessaries fumished in the home port — excepts to placing the claim of John Horn, for towage, in the second class, upon the ground that his libel was not in decree at the time of making the report, and should, therefore, be postponed to ail claims then in decree. He also excepts to the report upon the ground that the libel of Sidney Adams was not filed, or ����