4. CONDITION OF BOND-ISSUANCE OF WRIT TO SEIZE INFRINGING ARTICLES. Such bond shall bind the sureties in a specified sum, to be fixed by the court, but not less than twice the reasonable value of such infringing copies, plates, records, molds, matrices, or other means for making such infringing copies, and be conditioned for the prompt prosecution of the action, suit or proceeding; for the return of said articles to the defendant, if they or any of them are adjudged not to be infringements, or if the action abates, or is discontinued before they are returned to the defendants; and for the payment to the defendant of any damages which the court may award to him against the plaintiff or complainant. Upon the filing of said affidavit and bond, and the approval of said bond, the clerk shall issue a writ directed to the marshal of the district where the said infringing copies, plates, records, molds, matrices, etc., or other means of making such infringing copies shall be stated in said affidavit to be located, and generally to any marshal of the United States, directing the said marshal to forthwith seize and hold the same subject to the order of the court issuing said writ, or of the court of the district in which the seizure shall be made. 5. SEIZURE OF INFRINGING ARTICLES BY MARSHAL-SERVICE OF PAPERS UPON DEFENDANT-MARKING INFRINGING ARTICLES. The marshal shall thereupon seize said articles or any smaller or larger part thereof he may then or thereafter find, using such force as may be reasonably necessary in the premises, and serve on the defendant a copy of the affidavit, writ, and bond by delivering the same to him personally, if he can be found within the district, or if he can not be found, to his agent, if any, or to the person from whose possession the articles are taken, or if the owner, agent, or such person can not be found within the district by leaving said copy at the usual place of abode of such owner or agent, with a person of suitable age and discretion, or at the place where said articles are found, and shall make immediate return of such seizure, or attempted seizure, to the court. He shall also attach to said articles a tag or label stating the fact of such seizure and warning all persons from in any manner interfering therewith. 6. MARSHAL TO RETAIN POSSESSION OF INFRINGING ARTICLES. A marshal, who has seized alleged infringing articles, shall retain them in his possession, keeping them in a secure place, subject to the order of the court. 7. EXCEPTION TO BOND AND SURETIES-TIME OF SERVING-ORDERING NEW BOND OR RETURN OF PROPERTY. Within three days after the articles are seized, and a copy of the affidavit, writ and bond are served as hereinbefore provided, the defendant shall serve upon the clerk a notice that he excepts to the amount of the penalty of the bond, or to the sureties of the plaintiff or complainant, or both, otherwise he shall be deemed to have waived all objection to the amount of the penalty of the bond and the sufficiency of the sureties thereon. If the court sustain the exceptions it may order a new bond to be executed by the plaintiff or complainant, or in default thereof within a time to be named by the court, the property to be returned to the defendant. 8. NOTICE OF JUSTIFICATION OF SURETIES-TIME OF SERVICE. Within ten days after service of such notice, the attorney of the plaintiff or complainant shall serve upon the defendant or his attorney a notice of the justification of the sureties, and said sureties shall justify before the court or a judge thereof at the time therein stated. 9. APPLICATION FOR RETURN OF ARTICLES SEIZED-AFFIDAVIT TO ACCOMPANY. The defendant, if he does not except to the amount of the penalty of the bond or the sufficiency of the sureties of the plaintiff or complainant, may make application to the court for the return to him of the articles seized, upon filing an affidavit stating all material facts and circumstances tending to show that the articles seized are not infringing copies, records, plates, molds, matrices, or means for making the copies alleged to infringe the copyright. 10. RETURN OF ARTICLES SEIZED-BOND-JUSTIFICATION OF SURETIES. Thereupon the court in its discretion, and after such hearing as it may direct, may order such return upon the filing by the defendant of a bond executed by at least two sureties, binding them in a specified sum to be fixed in the discretion of the court, and conditioned for the delivery of said specified articles to abide the order of the court. The plaintiff or complainant may require such sureties to justify within ten days of the filing of such bond. 11. SAME RETURN OF ARTICLES BY MARSHAL. Upon the granting of such application and the justification of the sureties on the bond, the marshal shall immediately deliver the articles DUTIES OF MARSHAL MAY BE PERFORMED BY DEPUTY. Any service required to be performed by any marshal may be per- FEDERAL REPORTER, VOLUME 172. JUDGES OF THE UNITED STATES CIRCUIT COURTS OF APPEALS AND THE CIRCUIT AND DISTRICT COURTS. FIRST CIRCUIT. Hon. OLIVER WENDELL HOLMES, Circuit Justice...... SECOND CIRCUIT. Hon. RUFUS W. PECKHAM, Circuit Justice1. Hon. WALTER C. NOYES, Circuit Judge Hon. JAMES P. PLATT, District Judge, Connecticut.. ..Washington, D. C. .Providence, R. I. ... Portland, Me. Boston, Mass. . Portland, Me. ...Boston, Mass. .Littleton, N. H. ..Providence, R. I. Washington, D. C. ........New York, N. Y. ..Utica, N. Y. .......New York, N. Y. .New London, Conn. .Hartford, Conn. .Brooklyn, N. Y. Norwich, N. Y. .New York, N. Y. ..New York, N. Y. .New York, N. Y. Hon. THOMAS I. CHATFIELD, District Judge, E. D. New York... THIRD CIRCUIT. Hon. WILLIAM H. MOODY, Circuit Justice...... Hon. WILLIAM M. LANNING, Circuit Judge, New Jersey.. ........Buffalo, N. Y. ...Brattleboro, Vt. Hon. JOSEPH BUFFINGTON, Circuit Judge..... Hon. EDWARD G. BRADFORD, District Judge, Delaware. Hon. JOHN RELLSTAB, District Judge, New Jersey.. Hon. JOSEPH CROSS, District Judge, New Jersey Hon. JOHN B. MCPHERSON, District Judge, E. D. Pennsylvania.. Wilmington, Del. .Pittsburgh, Pa. .Wilmington, Del. .Elizabeth, N. J. Hon. JAMES B. HOLLAND, District Judge, E. D. Pennsylvania............ Pittsburgh, Pa, .Pittsburgh, Pa. FOURTH CIRCUIT. Hon. MELVILLE W. FULLER, Circuit Justice.. Hon. NATHAN GOFF, Circuit Judge...... Hon. JETER C. PRITCHARD, Circuit Judge..... Hon. THOMAS J. MORRIS, District Judge, Maryland..... ......Washington, D. C. .Clarksburg, W. Va. ..Asheville, N. C. ..Baltimore, Md. Hon. HENRY G. CONNOR, District Judge, E. D. North Carolina.. Wilson, N. C. Hon. JAMES E. BOYD, District Judge, W. D. North Carolina.... ......Greensboro, N. C. Hon. WILLIAM H. BRAWLEY, District Judge, E. and W. D. South Car.. Charleston, S. C. Hon. EDMUND WADDILL, Jr., District Judge, E. D. Virginia....... Hon. HENRY CLAY MCDOWELL, District Judge, W. D. Virginia.......... Hon. ALSTON G. DAYTON, District Judge, N. D. West Virginia........Philippi, W. Va. Hon. BENJAMIN F. KELLER, District Judge, S. D. West Virginia... Charleston, W. Va. FIFTH CIRCUIT. ..Richmond, Va. ..Lynchburg, Va. .Washington, D. C. ....Atlanta, Ga. ..Dallas, Tex. ..Huntsville, Ala. Alabama....Montgomery, Ala. Hon. EDWARD D. WHITE, Circuit Justice..... ..... .Birmingham, Ala. ...Mobile, Ala. .Pensacola, Fla. .Jacksonville, Fla. ...Atlanta, Ga. .........Macon, Ga. .......New Orleans, La. .Shreveport, La. .Kosciusko, Miss. ..Sherman, Tex. .Dallas, Tex. ..Houston, Tex. ..Austin, Tex. SIXTH CIRCUIT. Hon. JOHN M. HARLAN, Circuit Justice.. Hon. JOHN K. RICHARDS, Circuit Judge Hon. ANDREW M. J. COCHRAN, District Judge, E. D. Kentucky... ...... Maysville, Ky. ...Louisville, Ky. ...Detroit, Mich. .Cleveland, Ohio. .Columbus, Ohio. Hon. EDWARD T. SANFORD, District Judge, E. and M. D. Tennessee..Knoxville, Tenn. Hon. JOHN E. McCALL, District Judge, W. D. Tennessee... ..Memphis, Tenn. |