THE QUEEN OF ST. JOHNS. 27
‘ (12)* That while said steamer was in said port of Jacksonville the respond-
ent,¤John G. Christopher, also furnished supplies and made advances of which
. the steamer stood in need, amounting to the sum of $11,422.69; that as to a
largeipart of these advances, amounting to the sum of $10,306, consisting of
money which was applied to paying the arrears of seamen’s wages and pur-
chasing machinery for the boat, the said Christopher took notes on time se-
cured by mortgages of the said steam-boat, which mortgages were executed
to him by the master and purser of the steamer, which, however, were never
recorded, except in the clerk‘s oiiice, Duval county, Florida; thatthe said
‘ Henry Mor·ton, the president, did not join in the execution of the mortgages,
but knew of their execution, and disbursed a part of their proceeds, in pur-
chasing machinery for the boat. ‘
(13) That the following named parties made advances tothe steamer Queen
of St; Johns, for which they filed libels in the district court, and for which
decrees" were made in their favoriin the following amounts, respectively. to-
·wit: The Alabama Coal & Coke Company, $111.17; Henry Bryant, $53.19;
J. S. Wright, $6.50; McCain_, Given & Smith, $6.80; Alexander B. Stevens,
$15; A.) P. Taft, $56; J. E. Merrill & Bro., $102.28;. Buchanan & Dalaporte,
$23; Gilleu &, Haywood, $13.20; W. R. Lombeck, $546; W. R. Kemper,
$1,456; H. R. Duval, $100,-which amounts were decreed by said district
court to be paid outof the proceeds of the sale of the steamer Queen of St.
Johns now in the registry ofthis court, and which decrees were not appealed
from, andithe amounts due are not disputed in this court.
(14) That there is due to the following named libelants for advances to the
steamer Queen of St. Johns the following 'amounts, respectively, to-wit: E.
C. Pickett, $144.37; B., B. Hilliard, $74.18; Wightman & Christopher, $781.79; ·
Drew, Hazeltine Sc Livingston, $197.46; Geo. F. Drew & Co., $976.69; Henry
Clark, $292.70; F. E. Smith, $104.28; John G. Christopher, $1,116.69,—which
amounts are debts of the Favorite Navigation Company, owners, and consti-
_ tute amaritime lien of the proceeds of the steamer Queen of St. Johns now in
the registry of the court. »
, (15) That the steamer Queen of St. Johns was sold by the United States
marshal, after monition and upon default, for the sum of $12,000, which sum,
lesscertain payments to seamen by consent and the costs of the district court, ·
is now in the registry of this court, and amounts to the sum of $9,952.85.
And the court finds as conclusions of law: /
(1) That the decrees of the district court, not appealed from as setforth
in the thirteenth finding of facts, should be paid from the funds in the regis-
try of the court.
(2) That the maritime liens declared and found in fourteenth finding of
facts should be paid from the funds in the registry of the court. ‘
V (3) That the remaining funds in the registry of the court, after paying the
r costs of the district court and the marshal’s costs, should be paid to J ohn G.
Christopher, libelant herein, on account of his claim for advances made and
moneys loaned tothe steamer Queen of St. Johns.
(4) That the costs of this court on appeal shouldbe paid by Henry Morton
Horace Biabee, for libelant, Henry Morton.
‘ A. W. Cockerdl dc Son, for libelant, John G. Christopher.
PARDEE, J. In explanation of the conclusions of law it is proper to
say: i
1. As tothe claim of John G. Christopher. There is no doubt that the
advances made by Christopher were to a vessel away from her home
port in necessitous circumstances. They were applied to the use of the