1. Mandamus — Jurisdiction op Federal Courts— Control op Clerk— Fond in Corin'.

The United States district court entered a decree, upon a libel in admiralty, directing the clerk of that court to pay to a receiver of the property of the claimant of the libeled vessel, appointed by a court of another state, the surplus proceeds of ’ the sale of the vessel, then in the registry of the district court, alter payment of all costs, etc. Pursuant to such decree, the judge and clerk of the court drew a check for such surplus proceeds to the order of the receiver, but while said check was in the hands of the clerk, before it had been mailed, an execution, issued from a court of the state in which the district court sat, upon a judgment against the claimant, was served by the sheriff upon the clerk of the district court, with a notice that all debts, credits, and personal property of the 'claimant in the hands of the clerk were attached. Thereafter the state court appointed a receiver of the property of the claimant in supplementary proceedings taken upon said judgment, and such receiver applied to the district court for a writ of mandamus directing the clerk to deliver to him the check for the surplus proceeds of the vessel. Reid, that the proceeding was an original one, and the district court had no power to issue a writ of mandamus, but by virtue of its inherent power to control its own officers it might direct the action of the clerk.

2. Fund in Court — Custody op Cleric — Attachment and Garnishment.

‘Held, further, that the clerk was holding the check, not as an individual, but in his capacity as clerk, the fund being in the custody of the court itself until actually delivered to the receiver, to whom tho decree had ordered it paid, and the check and the fund on which it was drawn were not subject to attachment or garnishment under process of another court.

3; Same — Proceeds in Admiralty — Juiilment op State Court.

Reid, further, that the judgment of the state court constituted no claim upon the proceeds of the sale of the vessel. Chandler v. The Willamette Valley, 76 Fed. 838, reaffirmed.