Page:Federal Reporter, 1st Series, Volume 9.djvu/639

 624 FEDKBAL BEPOSTEB. �adopted by the learned judge in the eastern district of Michigan, in In re Dubuque, 2 Abb. (U. 8.) 33, where it is said that "a delay to enforce a maritime lien, after a reasonable opportunity to do so, should be deemed a waiver of the lien as against subsequent purchasers or encumbrancers, in good faith and without notice, unless such delay is satisfactorily explained." There is no explanation of the delay in the present case. The alleged liability of the vessel was incurred in August, 1876. Nearly two years elapsed before the libel was filed. In the mean time the vessel was transferred to the claimant, without notice of the lien. She was within reaoh of the process of the courts, if the libellant had made any effort to hold her. I am clearly of the opinion that he ought not now to be allowed to collect his claim out of the property of an innocent purchaser, and that the libel must be dismissed. �With regard to costs, there must be a decree against the libellant except for what bas been incurred by the laches of the proctor of the claimant. More than a year elapsed before a default was entered for want of an answer. A reference was then had, and a final decree taken on the report of the commissioner. On a judgment and execu- tion against the stipulators on their bond nothing was realized here, and the libellant procured a copy of the whole record for the purpose of originating proceedings elsewhere. �At this stage the claimant was allowed to open the decree and put in an answer, but all the costs incurred from the filing the libel until the filiDg of the answer must be paid by the claimant. ��� �