Page:Federal Reporter, 1st Series, Volume 10.djvu/940

 928 FEDERAL B£FOBT£B. �the marshal came to arrest her, Hawkins forbade the arrest, claim- ing to be in possession. In trutb, no reason whatever appears for the sudden issuing of this new process to arrest the vessel upon the old libel, filed nearly eight montbs before, except to wrest her by force from the known possession of Hawkins, after he had failed to bring her to the city as requested, six days before, upon McLean's promise to give security for bis payment. Had this offer of security been made in good faith it seems hardly probable that a litigation of two years and a half would have arisen upon the mere question of Haw- kins' right to intervene and present bis claim to the court, without any endeavor, in the mean time, even to adjust their accounts. �Upon the wbole evidence I am of opinion that Hawkins, at the time of the arrest of the vessel, had such a possessory lien as should be recognized and protected in admiralty; that it had not been waived, and that he must therefore be admitted to intervene as a claimantj and the exceptions are therefore overruled. �See TJie De 8met, ante, 483, and note. ���End of Cases in Vol. 10 ��� �