the First Circuit in civil causes of Admiralty and maritime jurisdiction, in all cases of seizures and proceedings in rem (unless where any statute otherwise directs), the warrant of arrest should be served by arrest of the property, and 135 causing the substance of such warrant to be printed in some newspaper, published near the place of seizure, and also by posting up the same in the most public manner, at or near the place of trial, for the space of fourteen days before the return day, unless a shorter time shall be directed by the Court.

A special monition is a similar warrant, directed to the Marshal or his Deputy, requiring him to give special notice to certain persons, named in the warrant, of the pendency of the suit, the grounds of it, and the time and place of trial. This is served by a delivery of a copy of the warrant, attested by the officer, to each one of the adverse parties, or by leaving the same at his usual place of residence; but personal service should be made, if possible.1

Sometimes the monition is of a mixed character, and contains directions for a general monition to all persons interested, and a special summons to particular persons named in the warrant. This is usually served by newspaper advertisements, by notifications posted in public places, and by the delivery of a copy attested by the officer to each person specially named, or by leaving it at his usual place 136 of residence.

The warrant of arrest, or attachment, is either in rem, or in personam, or a mixed process directing the Marshal, or his Deputy, to attach and take into custody the

1 Clerke's Prax. Tit. 21.

thing libelled, and also to arrest the person who is held to bail, or to summon him to answer in the suit. The warrant of attachment in rem directs the Marshal, or his Deputy, to take into custody the property libelled, and to hold it subject to be disposed of according to the decree of the Court. The warrant of arrest in personam is directed in the same manner, and requires the Marshal, or his Deputy, to arrest the defendant, and to hold him to bail, in a sum named in the warrant, for his appearance before the Court, at the time and place fixed for the trial, and, for want thereof, to commit him to the common jail. When the defendant is arrested, the officer should inform him of the cause of the arrest and exhibit the warrant to him.1 The officer should also, when requested, furnish the defendant with a copy of the process; and he is entitled to receive his legal fees for such copy.2 In the Admiralty Court in England the sum in which the defendant is to be holden to bail is marked in the margin of the warrant; thus, "Action for £500." In the warrant of arrest, in common use in the District Courts of 137 the United States for the District of Massachusetts, the Marshal or his Deputy is commanded to arrest the defendant and hold him to bail in the sum specified in the body of the warrant. The security being taken, the warrant and the bond should be transmitted to the Court, and deposited with the clerk, together with a return, indorsed upon the warrant, of the doings of the officer who executed the process, with the time and place of executing it, and signed by the officer with his Christian name and surname.3 In the Admiralty

Court in England, if the warrant has been executed by a Marshal or Deputy Marshal of the Court, he is accustomed to file his affidavit of the execution of the process. But if the warrant has been executed out of London or its suburbs, a certificate sealed with an authentic seal of the due execution of the process is sufficient.1

Frequently a process of attachment of property and a general and also special monition are blended in the same warrant; and, with the attachment of property, is always united either a general or special monition.

138

The writ of attachment, for the purpose of obtaining security for the payment of a debt, is also directed in the same manner, and, in the District of Massachusetts, the Marshal or his Deputy is required to attach the goods or estate of the defendant, according to the State practice, in which the attachment system exists. In this writ is contained a special monition to the defendant. The process of the Admiralty Court in England does not run against lands. But, in the District of Massachusetts, by the original writ of attachment, lands may be attached.3 The writ of execution runs, like the Common Law writ of execution in Massachusetts, against the moneys, goods, lands, and person of the judgment debtor, and it is supposed that the execution would be levied according to the State practice. But no instance is known in which it has been found necessary to levy an Admiralty execution upon lands in this State. The common stipulation, according to the rules of the

1 Clerke's Prax. Tit. 6.

2 2 Bro. Civ. and Ad. Law, 410, 412; Hall's Ad. Prac., 31, note. 3 Stone's Cases, U. S. Dist. Court, Mass., June Term, 1826.

Circuit Court of the United States for the First Circuit,' contains an express consent on the part of the respective stipulators that execution shall issue against their 139 lands. The same provision is contained in the Admiralty stipulation in use in the District Court of the United States for the Southern District of New York, and it is in conformity with the rules of that Court in Admiralty causes.2

The writ of foreign attachment, or the garnishment process, is also directed in like manner; and it requires the Marshal or his Deputy to attach the defendant's goods or estate in his own hands or possession, and also his goods, effects, or credits in the hands or possession of others named in the writ as trustees, and who are summoned, together with the defendant, to appear and answer to the suit. This writ is served upon the defendant and the alleged trustees, by delivering to them attested copies of the process, or by leaving such copies at their usual places of residence, and it will issue against the debts of an absent person to make him a party to the suit.3

The writs of attachment and foreign attachment, for the purpose of obtaining security for a debt, do not issue until after a return by the Marshal or his Deputy, 140 upon a warrant of arrest in personam, that the defendant cannot be found. Herein there is a difference between the Admiralty practice of the District of Massachusetts, and the Common Law practice in the Circuit and District Courts of the United States for the District of Massachusetts and in the State Courts; for, in the Common Law

3 Manro v. Almeida, 10 Wheat. R. 473; Bouysson et al. v. Miller et al., Bee. Ad. R. 186.

practice of all these Courts, the original writ may be served by an arrest of the person or an attachment of the property of the defendant, or the original writ may be a process of attachment and foreign attachment united.

By the general rules of Admiralty practice, when the defendant has secreted himself, or departed from the country, and cannot be arrested, a warrant may be obtained to attach the defendant's goods in his own hands or in the hands of others, and also debts due from others to the defendant; and the form of the warrant is to attach the goods, debts, or sums of money belonging to the defendant and being in the hands of a person named.1 By the rules of the Circuit Court of the United States for the First Circuit, in civil

causes of Admiralty and maritime jurisdiction, and 141 also by the rules2 (a) of the District Court of the United States for the Southern District of New York, in Admiralty and maritime suits, it is provided, that, if a party against whom a warrant of arrest issues cannot be found, and return thereof be made, the plaintiff may have a warrant to attach the property of the defendant, and at his option may have inserted therein a clause of foreign attachment according to the course of the Admiralty.

These are the ordinary primary processes in use in the Admiralty Courts, to compel the appearance of the defendant, or to secure the possession of property which is sought to be rendered subject to the decree and disposition of the