Page:Federal Reporter, 1st Series, Volume 4.djvu/682

668 PEDEBAIi bePORTEB. �amount due thereon, tbey apply to the court, by petition, for an order directing that the wages of the master and crew may be paid eut of the freight, and that the whole of the proceeds of the vessel remaining in the registry may be paid to them in Batisfaction -pro tanto of their mortgage. �James A. Moran also makes it appear that the freight in question was made payalble to him, by the bill of ladiug, as security for certain advances made by him to pay expenscs of the vessel incurred in fitting ont and performing the yoy- age in which the freight aow in the registry was earned, ■whieh advances he has shown amount to more than the amount of the freight in the registry, whereupon he asks to have the wages of the master and crew paid oui of the pro- ceeds of the vessel, and the amount of the freight in the reg- istry paid over to him. �In this controversy the owners of the vessel have not ap- peared, and no claim has been made, on their behalf, to any part, either of the proceeds of the vessel or the freight. No defence was made to the demand of the master and crew, either by the owners or by the Bank of Nova Scotia, or any other person, and accordingly the master as well as the seamen bave obtained decrees for their wages against both the ship and the freight. As the ilemands of the master and crew can be paid in full, either oi-; of the freight or out of the proceeds of the vessel, they ca're not to whieh fuiid they resort for the satisfaction of their decrees, and make no oppo- sition to any order that may be made respecting the pay- ments of their demands. It is thus seen that this is a controversy between two cireditors, one of Whom bas made advances on the security of the ship, the other on the security of the freight. �It has been contended, in behalf of the holders of the mort- gage upon the ship, that Moran acquired no lien upon the freight by reason of his advances, and, therefore, inasmuch as his right is simply that of an assignee of the ship-owuer, that the question at issue is the same as if the controversy were between the ship-owner and the mortgagee, in which case. ����