Page:Federal Reporter, 1st Series, Volume 8.djvu/847

THE GSAF KLOT TBATJTVETTEE. 8SB �whole mass homogeneous ; and it would seem that this cannot be done with either the Oppelt or Wenderoth devices. �I therefore conelude that there is no proof in this case which should be allowed to defeat this patent for want of novelty. There will be an order for the injunction as prayed, and reference to the master to assess damages. ���The Gbaf Klot Tbatjtvbttbb. �(Diairict Court, D. Soillh Uairollna. ' February 3, 1881.) �1. Liens— IIabtbr—Sbambn — Material-Men — Estoppel. �Where libels were filed by material-men against a foreign vessel that had been repaired in a port of this country, the claims of the different libellants adjudicated on, and the vessel sold to satisfy the same, held, on a petition of intervention, presented by the master and seamen, for the purpose of establish- ing the prlority of their respective liens, that the maritime law of this country must govern, and that, under it, the master has no lien on the vessel, as against material-men, for wages or'advances. Bdd, also, that he is estopped from set- tlng up such a claim as would defeat, to that extent, the claims of material - men, where he represented himself to be a part owner when he obtained from them the credit which they gave him. Held, further, that wages of seamen and their claims for passage money are entitled to priority over the liens of material-men. �In Admiralty. Petition to establish liens. �Seabeook, Commissioner. In pursuance of a decretai order in the above -entitled cause on the thirtieth of November, 1880, by which it was referred to the undersigned, one of the commissioners of this court, "to ascertain the respective amounts due to the petitioners and the priorities of their respective liens on said barkentine, and to report the same, with leave to report any special matter," to this court, I, E. M. Seabrook, the commissioner to whom the matter was referred, do report that I was attended by C. Inglesby, Esq., of Messrs. Lord & Inglesby, proctors for the intervening libellants, the petitioners in this cause, and by Isaac Hayne, Esq., of Messrs. Hayne & Ficken, I. P. K. Brj'an, Esq., of Messrs. Bryan & Bryan, I. N. Na- thans, Esq., and James P, Lesesne, Esq., of Messrs. Lesesne & Lesesne, proctors for the different original libellants against the barkentine Graf Klot Trautvetter, and have taken and examined the testimony offered in support of the claims of the said intervening libellants, and as to the priorities of the same, and beg to submit the following v.8,no.ll— 53 ��� �