ing them, and if such property cannot be found, his credits and effects. This process will not issue for a sum not exceeding five hundred dollars, unless by the special order of the court upon proof of its propriety. In case of foreign attachment the marshal serves the citation upon the garnishee, and if he finds goods or chattels of the respondent in the hands of the garnishee, he takes them into his own possession. If credits only are found, they are held by the garnishee "to answer the exigency of the suit."5 Although the Supreme Court Rules still contain a provision for warrants of arrest of the person, such process cannot be issued by courts of the United States in States where imprisonment for debt has been abolished, and arrests of the person are now dependent upon the laws for similar arrests in the respective States." § 401. Return of process and defaults.- On the return day, the marshal having returned the monition to the clerk with proof that he has seized the property and made due publication, proclamation is made in open court, and, if no one appears to claim the property, the libelant is entitled to a decree by default. In suits in personam, if the respondent, when served with the citation, fails to appear, his default is taken in the same way. So, in cases of foreign attachment, where goods and chattels have been attached, the default of the respondent may be taken. Where the property attached consists of credits or effects, the garnishee is required to appear and make return under oath, showing the property in his hands belonging to the respondent at the time the attachment was served, and at the time of the return. If he fails to appear or to make such Adm. Rule 2. 4 Adm. Rule 7. 5 Adm. Rule 37. See The Alpena, 7 Fed. R. 361; Two Hundred and Fifty Tons of Salt, 5 Fed. R. 216; Harriman v. Rockaway B. P. Co., 5 Fed. R. 461; The Bremena v. Card, 38 Fed. R. 144; Christie v. Davis C. & C. Co., 92 Fed. R. 3. "Act of March 2, 1867, U. S. R. S., § 990; Adm. Rule 47; Louisiana Ins. Co. v. Nickerson, 2 Low. 310. The Carolina, 14 Fed. R. 424; Chiesa v. Conover, 36 Fed. R. 334. It has been held that a party who has been arrested can be discharged upon giving the bail required by the State laws. Stone v. Murphy, 86 Fed. R. 158. But it has been held that the power of a court of admiralty to arrest a defendant upon a claim for damages for a personal injury and cruel treatment of a sailor is not affected by the State law. Bolden v. Jensen, 69 Fed. R. 745. Cf. supra, §§ 341, 370. an affidavit or to answer the interrogatories put to him as to the property of the respondent in his hands, he is subject to the compulsory process of the court, and may be punished for contempt, and compelled to furnish a stipulation.1 Upon a default the court will hear the cause ex parte and "adjudge therein as to law and justice shall appertain," or for convenience will refer it to a referee to ascertain the amount due the libelant. § 402. Release of property from custody of marshal — Claim. The owner of property attached, or his agent, may obtain its release from the custody of the marshal by filing with the clerk a claim to the property, and either depositing in the court a sum sufficient to secure the amount sued for, or giving a bond or stipulation therefor. The claim must state under oath that the claimant is the true and bona fide owner of the property attached, and that no other person is the owner thereof. If put in by an agent, it must state that he is authorized to put it in; and if by the master of a ship, that he is the bailee thereof for the owner.2 § 403. Security for defendant's costs. A claimant must file with his claim a stipulation for costs similar to that required of a libelant.1 So, in some of the districts, the respondent in a suit in personam is required to give a stipulation for costs, or his appearance or answer will not be received on file.? In the New York districts the stipulation is for $250 in suits in rem, and for $100 in suits in personam. It is not necessary to obtain the approval of stipulations for costs by the court or the adverse party before filing them; but the sureties must justify if the adverse party requires it. § 404. Stipulation for value - Sureties. The form of security required in order to obtain the release of property from custody is either a bond to the marshal in double the amount claimed in the libel, or a stipulation for the value of the property. Such a stipulation is called a stipulation for value. Its amount is determined by an appraisement, unless fixed by the agreement of the parties. Where the value of the property $ 401. 1 Adm. Rule 37. 2 Adm. Rule 29. $402. 1 Adm. Rule 11. See Bacon V. The Pawnoket, 61 Fed. R. 106. 2 Adm. Rule 26; The Two Marys, 12 Fed. R. 152. § 403. 1 Adm. Rule 26. 2 Adm. Rule 25; Rawson v. Lyon, (S. D. N. Y.), 15 Fed. R. 831. attached is much greater than the amount of the libelant's claim, the parties agree upon a less value, for the purposes of bonding only, sufficient to secure the claim. The condition of a stipulation for value is that the claimant will appear in the suit and abide by all orders of the court, interlocutory or final, in the cause, and pay the money awarded by the final decree rendered by the District Court, or by the appellate court if any appeal intervene.1 The stipulators are not liable for interest on the sum stipulated, unless expressly provided for, except on default in complying with the terms of the stipulation.2 A stipulation for value, like stipulations for costs, must be executed by two sureties if the principal is a non-resident; if he is a resident of the district, one surety is enough. Sureties need not be freeholders, but they must be residents of the State in which the district is situated. A bond or stipulation for value cannot be filed unless it is approved either by the libelant's proctor, or by the court or some one authorized by the court to take bail. In order to obtain the approval of the court, the claimant should serve upon the libelant's proctor a notice of justification, giving the name, occupation, and residence of each of the sureties proposed, and the time and place at which the libelant may attend and examine them. Such notice should be served a reasonable time before the examination. In the New York districts twenty-four hours' no § 404. 1 Adm. Rules 10 and 11. But see Pope v. Seckworth, 46 Fed. R. 858. For a case where after the stipulation, the court allowed it to be withdrawn because of the invalidity of the warrant of seizure, see Deas v. The Berkeley, 58 Fed. R. 920. Cf. The Zodiac, 5 Fed. R. 220. In a case of a mistake as to the value of the vessel, the court has the power to reduce the amount of the stipulation after it is filed. The Iris (C. C. A.), 100 Fed. R. 104. 2 The Ann Caroline, 2 Wall. 538; The Webb, 14 Wall. 406; The Wanata, 95 U. S. 600; The Sydney, 47 Fed. R. 260. But see the Maggie J. Smith, 123 U. S. 349; The Maggie M., 33 Fed. R. 591. Adm. Rule 5. It seems that the court may, upon a summary application, relieve against an exorbitant demand of damages in a libel. The Stelvio, 30 Fed. R. 509. The court may in a proper case require additional security. The City of Hartford, 11 Fed. R. 89; The Fred M. Lawrence, 88 Fed. R. 910. But see Barney Dumping B. Co. v. The Mutual, 78 Fed. R. 144. The sureties are not bound to pay the claims of intervenors filed subsequently to the release of the vessel. The Willamette (C. C. A.), 70 Fed. R. 874. See The Oregon, 158 U. S. 186. The sureties after payment of the decree are subrogated to the rights of the libelant. The Madgie, 31 Fed. R. 926. tice is required, except in suits for wages, when notice may be given instanter. When the sureties have been examined, the bond should be presented to the court for approval, on no tice. the cause. 405. Bond to the marshal.-Under the Act of Congress of March 3, 1847 (§ 941 of the Revised Statutes), property attached must be discharged from custody by the marshal on receiving from the claimant a bond in double the amount claimed by the libelant, with sufficient surety, to be approved by the judge of the court, or, in his absence, by the collector of the port, conditioned to answer the decree of the court in This statutory bond is under seal, and in that respect differs from the stipulations peculiar to admiralty. As by the terms of the statute the marshal is required to discharge the property on receiving such a bond, he cannot look to the claimant for his fees. But where a stipulation for value is given, the marshal's fees must be paid by the claimant. A bond under the act differs from a stipulation for value also in respect to the manner of enforcing it. A summary judgment may be entered against both the claimant and his sureties for the penal sum named in the bond; but where a stipulation for value has been given, judgment cannot be entered against the sureties in the first instance. In case a decree is not satisfied by the claimant, an order will be granted directing the stipulators to show cause within a fixed time1 why execution should not issue, and if the stipulators fail to fulfill the engagements of their stipulation within such time, judgment is entered against them, and execution issues. 8406. Appraisement. The usual method of obtaining an appraisement of property for the purpose of bonding is to apply to the court for an order appointing one or more appraisers. If the parties agree upon the appraisers, an order is not necessary. Before acting, appraisers should take and subscribe before the clerk or deputy clerk an oath or affirmation for the faithful performance of their duties, which should be filed. Notice of the time and place of making the appraisement should be given in writing by the appraisers to the proctors in the cause, and should also be affixed in a conspicuous place § 405. In the New York districts, copy of the order on the proctor for within four days of the service of a the claimant. near the court rooms, where the marshal usually affixes his notices. Upon completing the appraisement the appraisers should make and sign a report, which must be filed. Exceptions to the report may be filed by the parties, which will be heard by the court on notice. § 407. Petition to bring in additional parties under Rule 59. Where the claimant of a vessel proceeded against, or a respondent in a suit in personam, desires to have some other vessel or person proceeded against in the same suit for the damage claimed by the libelant, he may file a verified petition, containing suitable allegations, showing negligence in such other vessel or person contributing to such damage, and the particulars thereof, and praying that process be issued against such vessel or person, to the end that they may be proceeded against in the original suit. If such process is duly served, the suit proceeds as if the vessel or party thus brought in had originally been proceeded against. The petition must be filed before or at the time the petitioner answers the libel, and the petitioner must give a stipulation, with sufficient sureties, to pay to the libelant, and to any claimant or new party brought in, all costs, damages, and expenses that may be awarded against the petitioner.1 A party thus brought in must give the same bonds as he would have had to give if proceeded against by the libelant in the first instance, and must answer both the libel and petition. Rule 59 was adopted by the Supreme Court in consequence of a decision of the District Court for the Southern District of New York in a collision case,2 and by its terms is limited to causes of damage by collision; but the proceeding has been extended by the courts to other cases. Thus, in a suit for damage to cargo, the charterers of a vessel have been made respondents upon the petition of the owners; and wharfingers have been brought in on the petition of the claimants of a steamship sued for negligence in discharging cargo on a wharf which was insufficient.1 3 $408. Answer, when filed - Defenses: Contributory negligence, limitations, laches.- The answer should be filed upon the return day, unless further time is allowed by the court or 4 The City of Lincoln, 25 Fed. R. 835. § 407. 1 Adm. Rule 59. 2 The Hudson, 15 Fed. R. 162. 3 The Alert, 44 Fed. R. 685. |