Court, or to obtain the satisfaction of a debt recoverable in the Admiralty. Monition issues, as a matter of course, on motion in term time, or from the office of the clerk in vacation. person or property require the fiat of the Judge.1 Arrests of There is undoubtedly considerable difference of practice in these proceedings in the various Circuit and District Courts, whose practice is everywhere, in a great degree, assimilated to the practice of the various State Courts, where the District Courts are established. One of the rules2 in Admiralty of the Circuit Court for the First 142 Circuit requires, that no warrant of arrest of person or property shall issue without an affidavit, in cases involving more than five hundred dollars in amount. In the District Court for the Southern District of New York, where the demand is of a liquidated nature, the clerk may issue a warrant of arrest; in all other cases, the order of the Judge is required. In the District Court for the District of Massachusetts, in cases of arrest of person or property, the order of the Judge must be obtained unless the libellant does not require the defendant to be holden to bail in a larger sum than one hundred dollars. In those cases, upon affidavit filed in the office of the clerk, he is authorized to issue in vacation the common warrant of arrest. Admiralty process for seamen's wages against a ship in possession of the Sheriff by virtue of a Common Law proceeding, merely suspends the Sheriff's lien, and he is entitled to the proceeds in the Court of Admiralty after the discharge of the maritime lien.1 (a) 1 The Flora, 1 Hagg. R. 298. (a) The lien of material-men is not devested by execution and judgment in favor of the United States.-The Thomas Scattergood, Gilpin R. 1. CHAPTER V. BAIL AND STIPULATIONS IN SUITS IN PERSONAM. 143 THE security, taken upon an arrest of the person in a civil suit of Admiralty and maritime jurisdiction, is a bail bond, the form of which, probably, varies in different districts of the United States, and is conformed to the bail bonds in use in the practice of the different State Courts. In the District Court of the United States for the District of Massachusetts, the common bail bond in Admiralty resembles that taken in Common Law causes, and causes pending in the State Courts of Massachusetts; and the form of the condition is, that the defendant shall appear at the Court to answer the libel, and shall not avoid but abide the final judgment thereon. There has been no express decision respecting the number of the sureties which should be required in a bail bond; but the general practice is to have two sufficient sureties, and this is the rule in the Admiralty Courts in England. By the rules' (a) in Admiralty causes in the District Court of the United 144 States for the Southern District of New York, a bail stipulation should be made with two sufficient sureties. The bail bond in the Admiralty in England was formerly taken in the name of the Lord High Admiral. In the Ad 3 Clerke's Prax. Tit. 4; 2 Bro. Civ. and Ad. Law, 434. 3 (a) See Rule 59, Dist, Rules for the Southern District N. Y.-Appendix. miralty practice of the United States, the bond is taken in the name of the Marshal of the District by whom or by whose Deputy the defendant is arrested on the original warrant of arrest.1 Persons who have no property in the country should not be accepted as bail by the Marshal.' The bail taken on the original warrant of arrest are, by the general rules of Admiralty practice, only bound that the defendant shall appear at the time and place of trial before the Court, and perfect his appearance, and complete the security, by entering into such a stipulation as is required by the law and usage of Admiralty Courts.3 By the rules of the Circuit Court of the United States for the First Circuit, in civil causes of Admiralty and mari time jurisdiction, it is provided, that on warrants to ar145 rest the person in Admiralty and maritime causes, if the bail be taken by the Marshal or his Deputy, or other person serving the same, it shall be on condition for the appearance of the defendant on the return day, to answer to the plaintiff, in a cause civil and maritime. And nothing shall in such case be deemed a legal appearance, but the party's appearance at the return day of the warrant, and submitting himself for commitment, or giving a stipulation with sureties, according to the course of the Court, with condition, that the defendant shall answer the said action, and ratify the acts of his proctor, and that he and his sureties shall abide all interlocutory orders and decrees, as well as the final judgment rendered in the cause by the District Court or on appeal by any appellate Court; and like 1 Hall's Ad. Prac. 11, note. 3 Ibid, Tit. 5. 2 Clerke's Prax. Tit. 4, note. 4 Rules 3, 4. 146 wise pay whatever shall be adjudged therein, and costs and expenses; and unless they shall so do, that they severally consent that execution shall issue forth against them, their heirs, executors, and administrators, goods, chattels, and lands, wheresoever the same shall be found, to the value of the sum in which they shall stipulate; and, at the time of entering into the stipulation as aforesaid, the Court will direct the defendant to file a stipulation to indemnify them. This stipulation by the principal party to indemnify his sureties, by the general rules of Admiralty practice, may be taken at the same time and in the same record with the original stipulation, and should be in double the amount, or at least in a greater amount than that of the original stipulation. In proper cases, as of death or insolvency of the sureties, the Court may, on motion of the plaintiff, require the defendant to give a new stipulation, and, in default thereof, will decree the original stipulation forfeited. In all cases of attachment under Admiralty process, the attachment may be dissolved on the party's giving a stipulation with sureties to the same effect as in cases of -arrest.3 By the rules1 (a) of the District Court of the United States for the Southern District of New York in Admiralty cases, it is provided, that, upon the arrest of a party on process in personam, the defendant shall be held on the return day of the process, either to appear in person and submit him 1 Clerke's Prax. Tit. 18. 3 Clerke's Prax. Tit. 37. 22 Bro. Civ. and Ad. Law, 412. (a) Rules altered in 1838; see Appendix, Rules 21, 24, 38, 59. See New Rules of the U. S. Supreme Ct., Rule 3. |