Page:Federal Reporter, 1st Series, Volume 5.djvu/233

THE STEAM-SHIP ZODIAO. 221 �Ing a clear intent by the libellants to treat the claimant who signed it as the only one for that purpose, that they cannot now have tho same relief against the other claimant, under the elerenth admiralty rule, as if he had signed it. �In Admiralty. , , �Edward L. Owen, for libellant. �John Sherwood, for Eaymond. �Choate, D. J, This ia a suit in rem for collision, which bas resulted in a final decree for $1,153,90, damages. The libel having been filed, the New York & Newhern Steam-ship Company appeared as claimant and part owner, and after- wards answered, alleging itself to be the owner of sixty-two orie-hundredths. One Eaymond also appeared and filed a claim as owner of thirty-two one-hundredths, and afterwards answered. The arrest of the vessel was waived, her value, for the purpose of the suit, was fixed at $20,000 by consent, and' a stipulation for value was given which recites the filing of the libel, the waiver of service of process upon the New York & Newbern Steam-ship Company's appearing, filing claim, and executing stipulation for costs and value; recites also that the company had filed a claim, and that the parties to the stipulation agree that, in case of default or contumacy on the part of the claimants or their sureties, execution for the agreed value, with interest, might issue against their goods, chattels, and lands. The condition of the stipulation was that "if the stipulators undersigned shall at any time, upon the intsrlocutory or final order or decree, etc., and upon notice of such order or decree to Sherwood & Howland, proe- tors for the claimants of said steam-ship, abide by and pay the money awarded by the final decree," etc., then the stipu- lation is to be void, etc. The stipulation was signed by the New York & Newbern Steam-ship Company, D. Colden Mur- ray, and J. 0. Fowler. Upon it is indorsed an approval as to form, amount, and sufiQciency of sureties, signed by libel- lant's proctors. �The libellant being unable to collect his decree from the corporation and the persons who signed the stipulation, against whom execution issued, and the decree being wholly unsatis- ����