CASES

ARGUED AND DETERMINED

IN THE

Circuit Courts of the United States

WITHIN THE SECOND CIRCUIT.

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There is no statute of the United States which authorizes or requires sureties in stipulations or appeal bonds, in a suit in rem, in Admiralty, to appear before the Admiralty Court, after a final decree in the suit, for examination concerning their property, according to the laws and practice of the Courts of the State.

The mode of enforcing a final decree for the payment of money, in a suit in rem, in Admiralty, is that prescribed by Rule 21, in Admiralty, by execution. A Court of Admiralty of the United States has no power to enforce such a decree against such sureties by the sequestration of their property, according to the practice of Courts of equity.

Nor can it punish such sureties for contempt for not performing their stipulations, or for failing to comply with the provisions of the decree. The abolition of imprisonment for debt, in New York, makes it impossible for the Circuit Court of the United States, in New York, to use imprisonment as a remedy in execution of a judgment requiring the payment of money due on such stipulations or appeal bonds.

(Before BLATCHFORD, J., Southern District of New York, February 12th, 1879.)

BLATCHFORD, J. These are two suits in rem, in Admiralty, originally instituted, one by Lewis W. Phillips and the other by Francis Markee, in the District Court, and brought, by appeals taken by the claimant, Edward Moran, into this Court. On the 22d of August, 1867, the vessel being in the VOL. XVI.-1

The Blanche Page.

custody of the marshal, under the processes issued by the District Court in the two suits, the claimant, with J. C. Hartt and Thomas Cassidy, as sureties, gave a stipulation for value, in each suit, in the sum of $2,500, consenting and agreeing thereby, that, in case of default or contumacy on the part of the claimant or his sureties, execution for $2,500 might issue against their goods, chattels and lands, the condition of each stipulation being, that the stipulators should, upon the interlocutory or final order or decree of the District Court, or of any appellate Court to which the suit might proceed, and upon notice of such order or decree to the proctor for the claimant, abide by, and pay the money awarded by, the final decree rendered by the District Court, or the appellate Court, if any appeal should intervene. On the giving of such stipulations, the vessel was discharged from custody. At the same time, the same parties gave a stipulation for costs, in each suit, in the sum of $250, consenting, that, in case of default or contumacy on the part of the claimant or his sureties, execution for the sum of $250 might issue against their goods, chattels and lands, each stipulation being to the effect, that the stipulators should be, and each of them was, thereby bound, in the sum of $250, conditioned that the claimant should pay all costs and expenses which should be awarded against him by the final decree of the District Court, or, upon an appeal, by the appellate Court. A final decree in favor of the libellant was rendered by the District Court in each suit. The decree in the Phillips suit was made May 3d, 1872, and provided, that the libellant recover against the vessel $2,740 62 damages and $274 77 costs. The decree in the Markee suit was made August 13th, 1871, and provided, that the libellant recover against the vessel $2,027 56 damages and $320 22 costs. Each decree provided, that, out of the proceeds of the stipulations of the claimant for costs and value, when paid into the registry, the clerk should pay to the libellant the amounts so decreed; and that, unless an appeal should be taken within the prescribed time, the stipulators for costs and value should forthwith pay into Court the amount of