cially, against his property, credits, and effects, in the hands of the garnishee, and if the garnishee refuse to deliver or apply the same to the execution, then against the person and property of the garnishee, to the amount of the execution, or of the property, credits, and effects, in his hands. (a)

No person is allowed to intervene in a suit or proceeding in rem, unless he give a stipulation, with sureties, to abide by the final decree rendered in the cause, and to pay all such costs, expenses, and damages as shall be awarded by the court, upon the final decree, whether it is rendered in the original or appellate court. In practice it is usual to defer putting in the stipulation till the time of filing the claim, answer, or allegation, but in strictness, no party is allowed to make delay or expense to the libellant till he shall have given the necessary security. The appearance of the party is not perfected-he is not considered fully in court, till he has put in his claim or answer and stipulations.(b)

(a) Hall Ad. 70 to 77. Ante, § 426. Vide Precedents in the Appendix. (b) Ad. Rule 34. Ware, 296. Betts' Prac. 41 to 45, 49, 50. Clerke Prax. tit. 38. Hall Ad. 78.

CHAPTER XXVI.

The Pleadings after the Libel.

461. The pleadings on the part of the defendant are, the Claim the Exception-the Answer.

Claim. The claim is confined to proceedings in rem in which alone can there be any occasion to make a claim of property. It is a statement in proper form of the right of the party making it to the property attached by the process of the court. It has been before remarked, that all parties having an interest in the property attached, in a suit in rem, will be bound by the decree and, of course, are entitled to come in and make themselves parties to the suit, to defend their interest. Persons having liens upon the property thus intervene, a maritime lien being a sort of proprietary interest. All parties who thus intervene are bound, in the first place, to make their claim to the property-in other words, to state their interest in it, that the court and the libellant may know whether, and to what extent, they have a right to defend the suit; for it is quite as important to the cause of justice, that the libellant's rights should not be impaired by the unauthorized meddling of those who have no interest, as that the defendant's rights should not be impaired by his not being allowed to defend it in his own name. The claim is nothing but the statement of the party's right in the property, and its sole purpose is to show his right to appear and defend the suit and represent the property.(a)

No set form of words is necessary to form a claim. In this, as in other pleading, the court looks to the substance, rather than the form. It must state that the party is the true and bona fide owner of the interest which he represents, and that no other person is the owner thereof. It must be verified by the

(a) Admir. Rule 26. Ware, 104, 107. Betts' Prac. 56, 57. Clerke Prax. tit 3. Hall Ad. 78. 2 Mas. 409.

oath of the party or his agent or consignee. When it is verified by the oath of an agent or consignee, he must also swear that he is authorized to do so by the owner, or if the property be at the time of arrest in the possession of the master of a ship, that he is the lawful bailee thereof for the owner. As the putting in a claim and defending a suit may put the libellant to great expense unnecessary and unjust if the claimant have no righthe must file a stipulation, at the time of putting in his claim, with sureties, in such sum as the court shall direct, for the payment of all costs and expenses which shall be awarded against him by the final decree of the court, or upon appeal by the appellate court. In the Southern District of New York the stipuulation for costs is in $250. It may be increased by the court, if necessary, on motion.(a)

462. The following is the form of a claim :

"To the Honorable Samuel R. Betts, Judge of the District Court of the United States for the Southern District of New York: "David Rome and William B. King, of Eastport, in the County of Washington, State of Maine, owners of the Schooner Hornet, her tackle, apparel, and furniture, intervening for their interest in the said Schooner Hornet, her tackle, apparel, and furniture, appear before this Honorable Court, and claim the said schooner, her tackle, apparel, and furniture, and state that they are the true and bona fide owners thereof, and that no other person is the owner thereof.

"And thereupon, the said claimants pray, that this Honorable Court will be pleased to decree a restitution of the same to them, and otherwise right and justice to administer in the premises. "DAVID ROME,

"Sworn, July 10, 1847, before me,

"WILLIAM B. KING.

"George W. Morton, U. S. Commissioner."

W. R. Beebe, Proctor.

This claim may be put in immediately, without waiting for

the return of the process.(b)

(a) Ad. Rule 26. Ware, 52. Betts' Prac. 56, 57.

(b) Ad. Rule, 26.

463. Claimants of separate interests may appear separately and put in separate claims. The owners of the respective shares of the ship the owners of the respective portions of the cargothe government for its duties, or for a forfeiture-the underwri ters when they have reason to believe that the property has been or may be abandoned to them-the consul of a foreign. nation, if he have reason to believe that the citizens or subjects of his nation are interested-in short, any person or officer will be allowed to appear and make his claim, (first giving security for costs) whenever, in the opinion of the court, excluding him may lead to a failure of justice. Persons or officers, however, who appear by virtue of some general right, will not be allowed to receive the property or money awarded by the decree, unless the right of the principal party to receive it, and their right of the agent to represent him, be proved to the court.(a)

464. If there be several libels against the same vessel or property, the claimant must put in his claim in each suit, and the libellants in each suit should also put in their claim in all the other suits, lest a decree of condemnation and sale by default, in one suit, should dispose of the property, without the power of redress.

465. The merely putting in a claim, is not a defence to the libellant's claim. The property may belong to the claimant, and still the libellant have full title to the relief sought-indeed, his right to that relief often depends upon the claimant's being the owner of the property. After the claim is in, and the claimant is thus entitled to be heard for his interest, he must put before the court the grounds of his defence, in suitable allegations, that the court, as well as the opposite party, may be informed of the grounds of defence. These may be put forward in a separate defensive allegation, or they may be united with the answer, if one be required. If the libel does not pray for an answer, the defendant need not put in an answer, properly

(b) Dunlap, 88. 6 Wheat. 152. 10 Id. 66. 1 Mason, 14. Ante, § 325. Ware 104 Hinchliffe's Prac. 10. 1 Rob. 129-327. 2 id. 8, 92, 104. For precedents in the appendix, vid. Index.

so called; that is to say, he is not compelled to answer the facts set forth in the libel; but whatever may be the prayer of the libel, any party defending the suit, must spread before the court the grounds of his defence, or he will be debarred from making his defence-it being a primary rule in Admiralty, that the cause must be heard and decided according to the allegations, as well as the proofs in the cause.(a)

§ 466. Exceptions.—If any pleading or proceeding be irregular, insufficient, or objectionable, the proper mode of bringing before the court the objection, is by exceptions or exceptive allegations which in their purpose and effect correspond with special demurrers and pleas in bar at common law, and they are properly classed with pleadings. Thus, if the libel-the answer the replication—the interrogatories, or the answers to them the report of the clerk, or commissioner, auditor, or assessor, to whom any matter is referred-be liable to just objection, it may be excepted to-and if not excepted to, the court will be slow to listen to any objections to its form or substance.(b)

In mere matters of form, exceptions should be made before answering in chief, or at the same time, or they will be considered as waived.

The following is the form of an exception :

467. "To the Honorable, &c.

"The Exceptions of David Jones, defendant, to the libel of James Jackson, libellant, allege that the said libel is informal and insufficient, as follows:

"First Exception. That the same is not signed by the libellant, nor by any proctor of this court.

"Second Exception. That the same does not allege that the libellant has sustained any damages in the matter of the libel; nor that the defendant is indebted to the libellant in any

sum.

(a) Ad. Rule, 34. 2 W. Rob. 204. Ibid. 227. 7 Jur. 1117. 3 Hag. Ecc. 97. Ware, 439.

(b) 2 Brow. Civ. and Ad. 361. Dunlap, 192, 193. Betts' Prac. 38, 57 to 59. See the precedents referred to in the Index.