Page:Federal Reporter, 1st Series, Volume 10.djvu/932

 920 FEDERAL BBPOBTER. �fi. Common-Law Lien Pkotbctbd. �The common-law lien of a shipwright In possession Ls recognized and pro- tected in admiralty where the vessel ls seized under proceas of the court in other proceedings. �6. Casb State d. �■Where H., a shipwright, made repairs upon a vessel inhis yard beyond wnat was necessary, and enlarged her at the request of the cwners of seven-eighths, but with notice of dissent from the other part owner ; launched lier in course of the worli ; retained her in the stream adjacent to his yard ; worked upon her daily until three days prior to the time when she was seized by the marshal under process of this court upon a libel by another for supplies, and the ves- sel was still unflnighed in her forecastle and her center-board not being in, but in the shipwright's yard ; and the mate in the employ of the owner had contin- ued on the vessel from the time she was taken for repairs to the ship-yard until she was seized by the marshal, sleeping on board; and the captain with his son, after she was launched, having been more or less aboard with the shipwright's assent, though forbidden to interfere ; and the marshal, upon coming to arrest the vessel, being forbidden by H. on the ground that she was in his possession : HM, that the presence of the mate, and also of the captain upon sulierance, were not suflBcient evidence of any surrender of the vessel by H.; that the ves- sel continued in his possession in the stream, as upon shore, at the time when she was seized by the marshal ; and that H. was therefore entitled to intervene as a claimant for the protection of his interest as against the shares of those who employed him. �Hearing on Exceptions to Intervenor's Claim. �H. B. Kinghorn and R. D. Benedict, for libellant. �Scudder d Carter and G. A. Black, for Hawkins, lienor. �Brown, d. J. This hearing arises upon the report of the clerk, to whom it was referred on December 23, 1879, to take such testimony as might ie offered concerning the interest of John P. Hawkins in the Bchooner Two Marys, and his right to appear as claimant. The claim of Hawkins was filed September 22, 1879, and averred that he was in possession of the schooner at the time she was seized by the marshal on September I7th; that he had been repairing and recon- structing her; that his work was not completed, and the sum of $5,000 was due him. Libellant filed exceptive allegations to this claim, averring that Hawkins had no lien, was not in possession, had surrendered and abandoned her, that nothing was owing him, and that he had no interest in the vessel. �At the time of seizure, Hawkins, and Crowley, tho master, each claim to have been in possession. On the twenty-second of Septem- ber, Hawkins, as claimant, gave a bond for libellant's claim under the act of 1847, and the usual order for the release of the vessel was given on that day, and Hawkins received from the marshal a notice to the keeper for the discharge of the vessel. On going aboard he found Crowley already there. A controversy arose, the resuit of ��� �