THE BSIG E. a. BARNÀ.RD. 713 �In Admiralty. �Exceptions to report of commissioner appointed to report as to the distribution of tiie proceeds of the sale of a vessel under admiralty process. The brig E. A. Barnard was reg- istered at St. Andrews, New Brunswick, and sailed under the British dag, but was owned by lier master, S. P. Willeby, who resided at Philadelphia. In the spring of 1879, upon the return of the vessel from a voyage to the Mediterranean, she had extensive repairs made to her at Philadelphia. In May, 1879, while she was still at Philadelphia, and loading for Oporto, a libel was liled against her by Thurlow & Sons, for supplies furnished in New York in July, 1878. Before any decree was obtained varions libels of intervention Were filed, as foUows : �By Merchant & Co., and by varions other parties, ciaiming liens for repairs furnished at Philadelphia, in the spring of 1879. �By Eobert M. Wilson for wages as watchman and ship keeper at Philadelphia. �By Grace & Linderman for services as stevedores in load- ing the vessel, at Philadelphia. �By Baring Bros. & Co. for money advanced to the master under the following circumstances : Stetson & Co., the agents for the vessel at Philadelphia, had from time to time made disbursements on account of the vessel, many of which were for wages, and other objects that were maritime lieûs. Baring Bros. & Co. subsequently authorized the master to draw upon them for £430, for the vessel's disbursements at Phila- delphia. The master drew for this sum in favor of Stetson & Co., who applied the money to their account for the pre- vious advances. Accompanying the draft was the following: instrument : �"Philadelphia, May 16, 1879. "Messrs. Baring Brothers & Co. �"Gentlemen: The British brig E. A. Barnard, under my command, Will sail May 24th for Oporto, having on board a cargo of corn in bags. Freight amounting to iôSO. Ta ����
Page:Federal Reporter, 1st Series, Volume 2.djvu/720
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