Page:Federal Reporter, 1st Series, Volume 9.djvu/637

622 FBDEBAIi BEPOETER. �paid from which liens arose -were paid from time to time from August, 1880, to October, 1880. Each payment constituted a separate lien, from which it follows that all payments made prior to September 1, 1880, had ceased to be liens on June 1, 1881, when the district court acquired jufisdiction. This settles all the claims made in the first article of the libel of intervention, as they are laid during August, 1880. Under the second article of the libel the claims are alleged as arising (and the exhibits show the fact) during the months of August, September, and October, 1880. Such as are of date prior to Septem- ber Ist, are proscribed, and were dead liens when the libel was filed. On this second article of the libel of intervention a reference is required to ascertain dates and facts. On the whole case appealed ti •• accompanying decree will be entered. ���The Latjbetta. �{District Court, 1). New Jersey, December 5, 1B81.) �1. Admiraitt— Mj^RrriMB Lien&— Dbiay— Waivee. �In the absence at any satisfactory explanation, delay in enforcing maritime liens, after a reasonable oppprtunity to do so, will be deemed a waiver of such liens, as against subsequent purchasers for value and without notice. �In x\dmiralty. Libel in rem. �A. Hugg, for libellant, �R. L. Jenkins, for claimant. �Nixon, D. J. This is a libel m rem for materials furnished and work done by the libellarit on the schooner Lauretta, belonging to the port of Baltimore, at the port of Philadelphia. �The proofs show that in the month of August, 1876, while the vessel waa at the city of Camden,in the State of New Jersey, certain materials were supplied and work perfovmed for repairs upon her by the libellant, at the request of John McMurry, who was the legally-authorized attorney of the owner, Coleman Taylor, ihen residing at Baltimore, Marylaud. Tlje vessel continued the property of the said Taylor until the seveuth of February, 1877, when she Was sold to the claimant by bill of sale duly executed, in which there was a covenant that she was f ree aiid clear of all claims, deinands, oi eiicutobrancesl By the terms of the sale the purehaaer was allowed to retain ip hls hands two or three hundred dollars of the consideration money for the period of six months, as security against any secret liens or encumbrances At the end oi six months, no demanda having been made against the vessel, the claimant paid over the residue of the purchase money to the vendor. After the beginning of the oyster season in Philadelphia,. in the fall of 1877, ��� �