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BALDWIN Y. GIBBON, AND McCALLUM, OPPOSANT
(lune 19th 1873).

In Ootober 1811, Baldwin, a ship biiildcr,instituted the
present action hy a writ of summons, and obtained judg-
ment cigninst Gibbori, the defendant, on the 14th April
1813, for n bnlance of £110, due for thc conutruetion of a
iien sliip P~nding the action,-the ship which beforr t.lie
action wns romnierrced, hncl bcn drlivered by Baldwin to
Gibbon,-sas trattiisferrr~l tu him ùy a rcgular bill of sale
and rnregistrr~d iri his namr. A writ of fieri facias was
issucd upon the above judgment agciinst t,he property of
Gibbon, and the ship, beirig Y<-ierd as such in the possession
of hlrCalliini, the lnttcr hy an opposition àj11 de divtraire
laid clairn to thc hip p. On the other Iiand Beldwin insistcd
thet he wns still thc propcrly of Gibl>on. a.nd if alic was not,
thrn, thït he, as builder, hd a particular lien or priuilege
réel upon the ship, that shc Iiad I~wn sold suhject to his
lien, and by him therefore, upon the principle of the "droit
do suite", niight be seized atid sold for the payment of his
privileged delk
Sewell, Ch. J.-The srtleoftheshipby GibhontoMcCal-
luni was before judgnient, and after t,he delivery of the
ship by Baldwin to Gibbon, ard was publicly ruade. The
transfer in point of form is correct, and the ship hasbeeii
duly enregistercd as the proporty of hfcC;illiim. None of
t,hesc proceedings are irnpeached on the score of frnud
or on any other ground: the whole of them had ta,ken place,
with the kiiowledge of Baldwin, andwithoiit thc opposition
or interî'crcncc on hi8 partl and thcre is no allegation that
Gibbon is in s stats of deconfiture (bankruptcy). Therc
is no p~teiicc for saying that tbe ship in the property of
Gibl~on.
The only question t,herefore, for our cnquiry, is
whether Baldwin ia entitlcd to his psrticiilnr lien or privi-
lcge upon the ship, under thc circumsta,nccs of this case;