Avilla

This is an appeal from an order denying a claim of exemption by a maritime fisherman.

A decree of divorce was entered in this action in favor of the plaintiff, giving her custody of a minor child. In accordance with an agreement of the parties, incorporated in that decree, the plaintiff was further awarded $150 per month for the support of herself and the child. The defendant having become delinquent in these payments to the amount of $2,639.23, and the matter having been properly presented, the court ordered an execution to issue in the amount of the delinquency.

The defendant was employed on a fishing vessel engaged in commercial fishing on the high seas. His earnings consisted of a proportionate share of the proceeds of the ‘ ‘ catch. ’ ’ The execution thns issued was served upon the captain of this ' fishing vessel, who responded that he was indebted to the defendant in the amount of $2,464.72. The defendant filed a notice and an affidavit claiming exemption under the provisions of section 601, title 46 U.S.C.A., in that he was earning his living by fishing on the high seas, and also claiming exemption under the provisions of sections 690.10 and 690.11 of the Code of Civil…