Page:Federal Reporter, 1st Series, Volume 2.djvu/610

TODD V. BAEK TXJLOHEN. 603 �itable to add anything to what is there said. The cases of The Marevic 1 Sprague 23, and The Neio World, 16 Howard 469, may also be read, with interest in this connection. �To determine whether the record (which is very peculiar) is in condition for a decree pro confessa, required a careful inspection of it, and an examination of the rules. In this I availed myself of the very valuahle assistance of Henry E. Edmunds Esquire, who as amicus curies, made the full and satisfactory report which I file herewith, and adopt as the court's expression of judgment on this subject. �I do not think the sureties can take advantage of the irreg- ularities in the proceeding. U. S. \. Four Pieces of Cloth, 1 Paine, 435; The Alligator, 1 Gallison E. 149; U. 8. v. The Schooner Little Charles, 1 Brockenbury, 380 ; Dexter v. Mwn,' roe, 2 Sprague, 39. There is nothing inequitable in holding them to the terms of their obligation; and justice to the libel- lant requires that it shall be done. �The court bas repeatedly suggested the desirableness of having the owners corne in, the irregularities in the proceed- ing thus removed, and the case put to trial on its merits. I do not therefore see occasion for further delay ; and the decree asked for will be now entered. �The following is the report of Henry E. Edmunds referred to in the foregoing opinion (after reciting the facts already ■ stated.) By the provision of the eleventh rule of the supreme court (in admiralty) "where any ship shall be arrested, the same may, upon the application of the olaimant, be delivered to him * * * upon bis giving stipulation with sureties." And by the twenty-sixth rule "the party claiming the prop- erty shall verify his claim on oath, stating that the claimant by whom or on whose behalf the claim is made is the true and bonajîde owner and that no other person is the owner thereof" — "and where the claim is put in by the agent or consignee, he shall also make oath that he is duly authorized thereto by the owner." �The record does not show that this claim was ever made "pro forma," by any one, but I am satisfied that it was infact, and in effect made by Thackara. On fifteenth November, ����