Page:Federal Reporter, 1st Series, Volume 3.djvu/255

2ed FBDEKIL fiSPOnTES. �Let a àecree be prepared m favor of the libellant for the eum. of $26, with intere&t tfcereon from the date ef filing the Ktel, (April 18, 1879,) each party paying his and their owa eosts. ���The Athenian.* (District Court, E. JD. Michigan. October 15, 1877.) �1. MakbhalijDîo Claims — Saxvagb— Wageb.— In marshalling daims for payment from the proceeds of sale salvag: is entitled to be paid m preference to prier claims for seamen's wagea. In thia case the claima •were direoted to be paid in the following order : (1) Salvage services ; (2) seamen's wages; (3) daims for towage and raaterials, those of » later year ranliing those of a former ; (4) claims under the state law. �In Admiralty. �In marshalling claims for payment from the proceeds crf sale, salvage is entitled to be paid in preference to prior claims for seaman's wages. In this case the claims were directed to be paid in the following order : (1) Salvage services ; (2) sea- men's wages ; (3) claims for towage and materials, those of a later year ranking those of a former ; (4) claims under the state law. �Reference having been made to marshal the claims the com- missioner classified them in the following order : (1) Seamen's wages ; (2) claims for towage, supplies, repairs, and services in pumping out the schooner, getting her oflf Stony island reef and taking her to Windsor; (3) claims for repairs and supplies fumished in the home port. To this report exceptions were filed by the parties who got her off the reef and towed her to Windsor, claiming they were entitled to rank as salvors, and should be paid in preference to those who had simply claims for towage, and materials fumished in the ordinary course of her employment. It seemed that in coming up Detroit river, with a (3argo of coal, in November last, the schooner took the ground upon a reef, in the Detroit river, near its mouth, and �*J;'ubIia}ied on saggeatien. ����