joined in the same libel except when therein expressly authorized.3 By the Admiralty Rules, "In all suits for mariners' wages or by materialmen for supplies or repairs or other necessaries, the libelant may proceed in rem against the ship and freight, or in personam against any party liable."4 "In all suits for pilotage or damage by collision, the libelant may proceed in rem against the ship, or in personam against the master, or the owner.'' 5 "In all suits founded upon a mere maritime hypothecation of ship or freight, either express or implied, by the master for moneys taken or in a foreign port for supplies or repairs or other necessaries for the voyage, without any claim of maritime interest, the libelant may proceed in rem, or in personam against the master, or the owners."'6 "In all suits for salvage, the suit may be in rem against the property saved, or the proceeds thereof, or in personam against any party liable for the salvage service."7 It has been held that the vessel and owner may be joined in suits upon charter parties, bills of lading, and contracts of affreightment.8 § 562. Security for libelant for costs. "In all cases the court may, on the filing of a libel or on the appearance of any respondent, or claimant, or at any other time, require the libelant, respondent or claimant, or either of them to give a stipulation or an additional stipulation with sufficient sureties, or an approved corporate surety, in such sum as the court shall direct, to pay all costs and expenses which shall be awarded against 8 The Corsair, 145 U. S. 335, 12 S. Ct. 949, 36 L. ed. 727; The Alida, 12 Fed. 343; Dean v. Bates, 2 Woodb. & M. (U. S.) 87, 7 Fed. Cas. No. 3,704; Hale v. Washingtop Ins. Co., 2 Story (U. S.) 176, 11 Fed. Cas. No. 5,916; Citizens Bank v. Nantucket Steamboat Co., 2 Story (U. S.) 16, 5 Fed. Cas. No. 2,730; The Blackheath, 154 Fed. 758. But see The Planet Venus, 113 Fed. 387. 4 Adm. Rule 13. 5 Adm. Rule 14. See the Clatsop Chief, 8 Fed. 105; Joice v. Canal Boats, 32 Fed. 553; The Samson, 197 Fed. 1017. 6 Adm. Rule 16. 8 The Baracoa, 44 Fed. 102; The Director, 26 Fed. 708; The Monte A., 12 Fed. 331; The Brig Aldebaran, Olc. Adm. 130, 1 Fed. Cas. No. 150; Arthur v. The Schooner Cassius, 2 Story (U. S.) 81, Fed. Cas. No. 564. But see The Monte A, 12 Fed. 331; The Thomas P. Sheldon, 113 Fed. 779. him, it, or them, by the final decree of the court, or by any interlocutory order in the progress of the suit, or an appeal by any appellate court."1 The application may be denied for laches. By the Act of June 12, 1917, Courts of the United States shall be open to seamen, without furnishing bonds or prepayment of or making deposit to secure fees or costs, for the purpose of entering and prosecuting suit or suits in their own name and for their own benefit for wages or salvage and to enforce laws made for their health and safety.3 No security is required of the United States in its proceedings, as costs are not allowed against the government. Suits may be brought in forma pauperis upon application to the court.5 If the libelant is a non-resident, he must, in the Southern and Eastern Districts of New York, furnish two sureties.6 In the New York districts and in New Jersey the stipulation is for $250 in suits in rem and for $100 in suits in personam." In Connecticut the stipulations are executed by the libelant and one surety, who must reside in the State within which the district is situated. § 563. Parties. In admiralty, the party entitled to relief should always be made libelant, and the practice of instituting a suit in the name of one person for the benefit of another, to whom the right has been transferred; only obtains in particular cases, such as suits by the owner to recover for loss of cargo, partially insured, where the insurance has been paid and the insurer is entitled by subrogation to a part of the recovery.1 An agreement for a consolidation. of several steamship companies does not divest one of them of the right to file a libel in its own name to enforce a chose in action of which there has been no assignment.2 Persons entitled to participate in the recovery, but not made parties in the original libel, may, upon petition, be allowed to § 562. 1 Adm. Rule 24. 2 See supra § 425. 3 Ch. 27, 1, 40 St. at L. 157, Comp. St., § 1630a. 4 The Antelope, 12 Wheaton 546, 6 L. ed. 723. 5 By Adm. Rule 8, S. D. N. Y., "Process in rem in such causes, unless specially allowed by the Court, shall not issue except upon proof of twenty-four hours notice to owner § 563. 2 Eastfield S. S. Co. v. McKeon, 201 Fed. 465. join in a suit as co-libelants on such terms as the court deems reasonable. When a number of persons have claims against a vessel, which will be supported by the same evidence, the court may permit them to unite in a single libel, or may consolidate the separate libels which they have filed. This was done in the case of passengers on a steamer who complained of the quality of the food furnished upon the same voyage. Seamen claiming wages for the same voyage are not permitted to prosecute separate suits. Those not included in the original libel should petition to be made co-libelants. If they file a second libel, they will be denied costs in case of recovery, and suits so brought will be consolidated, on motion. So suits for salvage arising out of services participated in by several vessels will be consolidated in one suit. When jurisdiction has been taken of such a claim by an American seaman against a foreign ship it will be retained to enforce the claim of foreign seamen who are members of the same crew." "In any suit, whether in rem or in personam, the claimant or respondent (as the case may be) shall be entitled to bring in any other vessel or person (individual or corporation) who may be partly or wholly liable either to the libelant or to such claimant or respondent by way of remedy over, contribution or otherwise, growing out of the same matter. The practice under this rule is subsequently described. The objection of the libelant will not prevent this relief to the claimant or respondent.10 It has been held, the substitution of a new owner as claimant of a libelled vessel which has been released on stipu 3 The Rochester, 227 Fed. 203. 4 Ibid. 5 See Adm. Rule 3, S. D. N. Y. 6 Where upon a libel in admiralty against a city, to recover for salvage services to a scow, the respondent pleaded that the scow was under the hire of a corporation, which had contracted to return it in good condition, and that the service was rendered to such company, it appearing that before the issue of citation against the corporation it had been adjudicated a bankrupt, which subsequently ap 7 The Epsom, 227 Fed. 158. 10 Dailey v. New York, 119 Fed. 1005. Third party practice is regulated in S. D. N. Y. by Adm. Rule 15. lation is not the bringing in of a new party, and may be allowed without notice to the surety on the stipulation.11 It has been held, that, in a suit by a pledgee of a bill of lading of cargo to recover from the ship for a wrongful delivery thereof to persons who have sold the same, the claimant may bring in the persons to whom such delivery was made; if it appears from the pleadings, that if the libelant's contention was sustained the claimant would have a claim against them; and the fact that an action is pending at common law brought by the libelant, against such persons will not deprive the claimant of this relief.12 A libel was sustained when filed under a bill of lading against the charterer and another to whom the bill of lading had been transferred, to recover freight earned thereunder, and seeking recovery in the alternative against one or the other of them, stating that the libelant was unable to determine which is liable.13 A libel may be filed against more than one vessel. Thus, in a cause of collision, the owner of the damaged vessel frequently proceeds against the tug which had it in tow and a third vessel. So, different interests may be proceeded against in the same suit, as, for example, in a cause of salvage, the vessel salved, her cargo, and her freight money. The owners of a vessel may find a libel for salvage on their own behalf and on behalf of the officers and new interests naming them.14 A decree will not be reversed for an award of salvage compensation to persons who are not parties, when the objection was not taken below.15 § 564. Mesne process. The process issued in pursuance of the prayer of the libel is either in rem or in personam. Each process is distinct from the other and regulated by different rules.1 An appearance in answer to one alone will not justify such a judgment as might be warranted by the other. Nor will an appearance in answer to a citation upon a libel in personam 11 The Cerea, 149 Fed. 924. 12 The Cerea, 149 Fed. 924. 13 Neall v. Curran, 93 Fed. 831. 14 The Flottbek, C. C. A., 118 Fed. 159. 15 Ibid. § 564. 1 The Kongsli, 252 Fed. 267, 269. 2 The Ethel Co., 66 Fed. 340. Process issued in rem. The Merrimac, 242 Fed. 572. Process issued in personam. authorize the introduction of new claims by new claimants without service of a new citation.3 By the Admiralty Rules: "In all suits for mariners' wages or by materialmen for supplies or repairs or other necessaries, the libelant may proceed in rem against the ship and freight, or in personam against any party liable." 4 "In all suits for pilotage or damage by collision, the libelant may proceed in rem against the ship, or in personam against the master, or the Owner." 5 "In all suits for an assault or beating on the high seas, or elsewhere within the admiralty and maritime jurisdiction, the suit shall be in personam only."'6 "In all suits founded upon a mere maritime hypothecation of ship or freight, either express or implied, by the master for moneys taken or in a foreign port for supplies or repairs or other necessaries for the voyage, without any claim of maritime interest, the libelant may proceed in rem, or in personam against the master, or the owners."7 "In all suits on bottomry bonds, properly so called, the suit shall be in rem only against the properly hypothecated, or the proceeds of the property, in whosoever hands the same may be found, unless the master has, without authority, given the bottomry bond, or by his fraud or misconduct has avoided the same, or has subtracted the property, or unless the owner has, by its own misconduct or wrong, lost or subtracted the property, in which latter cases the suit may be in personam against the wrongdoer." 8 "In all suits for salvage, the suit may be in rem against the property saved, or the proceeds thereof, or in personam against any party liable for the salvage service." "In all petitory and possessory suits between part owners or adverse proprietors, or by the owners of a ship or the majority thereof, against the master of a ship, for the ascertainment of the title and delivery of the possession, or for the possession only, or by one or more part owners against the others to obtain security for the return of the ship from any voyage undertaken without their consent, or by one or more part owners against the others to obtain pos 3 Ex parte Indiana Transporta tion Company, Petitioner, 244 U. S. 456. See supra, § 170. 4 Adm. Rule 13. 5 Adm. Rule 14. 6 Adm. Rule 15. 7 Adm. Rule 16. 8 Adm. Rule 17. 9 Adm. Rule 18. |