think, in an erroneous holding in the beginning of our government, by congressional legislation.
Acting upon these views I will direct an order to be entered reversing the decree of the court below, and distributing the proceeds pro rata among the parties.
Note.—See The Brig E. A. Barnard, 2 Fed. Rep. 712.
Goble and others v. Schooner Delos De Wolf.
(District Court, N. D. Ohio.May 10, 1880.)
In Admiralty.
The undersigned, to whom it was referred to determine the proper distribution of the proceeds of the sale of said schooner Delos De Wolf, submits the following report:
The gross proceeds of said sale, as appears from the return of the marshal, in this cause was $4,325, out of which there was retained by the marshal, on account of his fees and costs, $281.11, and the balance, $4,043.89, was paid into the registry of the court. From this sum, pursuant to an order of the court heretofore made, the sum of $122.75 has been paid, being the amount of damages decreed by the court against said schooner in favor of Charles Wright and others, on account of their seamen’s wages, leaving now for distribution, in the registry, the sum of $3,921.14. The amount and aggregate of the several decrees of this court against said schooner and against said proceeds is as stated in the annexed schedule, marked A, the aggregate amount being: Damages, $9,219.30, (including the damages of said Wright and others;) costs, $491.77, (including the marshal’s fees retained by him as aforesaid;) in all the sum of $9,711.07; and, after deducting the payment of said seamen’s wages and the amount retained by the marshal, the balance of charge on
