Ayer v. Brown

Trustee process. Wages of a seaman. The wages of a seaman engaged in the coasting trade, when collected by, and remaining in the hands of his attorney, a proctor in the admiralty court, are not for that reason exempt from attachment by trustee process.

On exceptions from superior court. The trustee disclosed. "On the twenty-first day of November, A. D., 1883, I was attorney for Oliver Brown, the principal defendant, in this action to collect by process in admiralty, wages due said Brown as a seaman on board the schooner M. M. Chase, and for that purpose I filed a libel in behalf of said Brown in the United States district court for the district of Maine, and process was duly issued against said schooner, made returnable in said district ■court on the twenty-second day of November, A. D. 1883, at ten o’clock in the forenoon, and said schooner was duly attached <on said process ; that on the said twenty-first day of said November, after said attachment had been made the sum of forty ■dollars and thirty-five cents was paid to me as the amount of wages due said Brown, for his services on board said schooner, M. M. Chase, from which amount I deducted the sum of fifteen (dollars as my fees for services, and while I was at the U. S. .Marshal’s office for the purpose of discharging said schooner ¡from the attachment aforesaid, I was served with process in this ¡action, and at the time of said service I had in my possession .the sum of twenty-five dollars and thirty-five cents as balance to be paid said Brown as wages as seaman on board said schooner, M. M. Cháse.” Upon this disclosure the trustee was charged for $25.35, less ihis costs, and to this ruling he alleged exceptions. cited: McCarty v. Si. Propellor City of Mew Bedford, 4 Fed. Rep. 824; Boss v. Bourne, 14 Fed. Rep. 858 ; S. C. 17 Fed. Rep. 703; U. S. R. .S., § § 4530, 4546, 4547; Hutchinson v. Coombs, 1 Ware, 65 ; The Brig Planet, 1 Sprague, 11; Earl Cray, 1 Spink, 180.