made, any depreciation of the vessel from its value at the time of giving the stipulation should be paid into court.1

Sec. 233. Costs. It is not altogether a settled question what costs and expenses are properly taxable against the funds in court, and what should be chargeable to the parties. The costs usually follow the decree. And where the owner claims a total exemption from liability, and this is contested, no reason is apparent why the costs of the contest should not be awarded the prevailing party as in other cases.2

In the case of The City of Norwich' the district court held that the costs of all the parties are to be deducted from the fund in court. There appears to be no reason why this is not an equitable method.

Sec. 234. Lien on funds in court.-The owners of vessels cannot determine for themselves the priority of liens upon the fund representing the ship and their liability under the act. This can only be done by the court. The fact that the owner has paid out part of this fund in discharge of supposed liens does not reduce his liability to discharge such other claims as the court may determine are liens to the extent of his interest in the vessel and freight, or its representative, the fund paid into court.

1 The Rose Culkin, 52 Fed. R. 328. The Leonard Richards, 41 Fed. R. 821; The Thingvalla, 1 U. S. App. 32; The Giles Loring, 48 Fed. R. 463.

3 Pet. of Norwich & N. Y. Trans. Co., 10 Ben. 194; 118 U. S. 468.

The Giles Loring, 48 Fed. R. 463.

APPENDIX.

ADMIRALTY RULES OF THE SUPREME COURT OF THE UNITED STATES.

1.

No mesne process shall issue from the district courts in any civil cause of admiralty and maritime jurisdiction until the libel or libel of information shall be filed in the clerk's office from which such process is to issue. All process shall be served by the marshal or by his deputy, or, where he or they are interested, by some discreet and disinterested person appointed by the court.

2.

In suits in personam the mesne process may be by a simple warrant of arrest of the person of the defendant in the nature of a capias, or by a warrant of arrest of the person of the defendant with a clause therein that if he cannot be found to attach his goods and chattels to the amount sued for; or if such property cannot be found, to attach his credits and effects to the amount sued for in the hands of the garnishees named therein; or by a simple monition in the nature of a summons to appear and answer to the suit as the libelant shall, in his libel or information, pray for or elect.

3.

In all suits in personam where a simple warrant of arrest issues and is executed, the marshal may take bail with sufficient sureties from the party arrested by bond or stipulation, upon condition that he will appear in the suit and abide

by all orders of the court, interlocutory or final, in the cause, and pay the money awarded by the final decree rendered therein in the court to which the process is returnable or in any appellate court. And upon such bond or stipulation, summary process of execution may and shall be issued against the principal and sureties by the court to which such process is returnable, to enforce the final decree so rendered, or upon appeal by the appellate court.

4.

In all suits in personam where goods and chattels or credits and effects are attached under such warrant authorizing the same, the attachment may be dissolved by order of the court to which the same warrant is returnable, upon the defendant whose property is so attached giving a bond or stipulation, with sufficient sureties, to abide by all orders, interlocutory or final, of the court, and pay the amount awarded by the final decree rendered in the court to which the process is returnable, or in any appellate court; and upon such bond or stipulation, summary process of execution shall and may be issued against the principal and sureties by the court to which such warrant is returnable, to enforce the final decree so rendered, or upon appeal by the appellate court.

5.

Bonds or stipulations in admiralty suits may be given and taken in open court, or at chambers, or before any commissioner of the court who is authorized by the court to take affidavits of bail and depositions in cases pending before the court, or any commissioner of the United States authorized by law to take bail and affidavits in civil cases.

6.

In all suits in personam, where bail is taken, the court may, upon motion, for due cause shown, reduce the amount of the sum contained in the bond or stipulation therefor; and in all cases where a bond or stipulation is taken as bail,

or upon dissolving an attachment of property as aforesaid, if either of the sureties shall become insolvent pending the suit, new sureties may be required by the order of the court, to be given, upon motion, and due proof thereof.

7.

In suits in personam, no warrant of arrest, either of the person or property of the defendant, shall issue for a sum exceeding $500, unless by the special order of the court, upon affidavit or other proper proof showing the propriety thereof.

8.

In all suits in rem against a ship, her tackle, sails, apparel, furniture, boats, or other appurtenances, if such tackle, sails, apparel, furniture, boats, or other appurtenances are in the possession or custody of any third person, the court may, after a due monition to such third person, and a hearing of the cause, if any, why the same should not be delivered over, award and decree that the same be delivered into the custody of the marshal or other proper officer, if, upon the hearing, the same is required by law and justice.

9.

In all cases of seizure, and in other suits and proceedings in rem, the process, unless otherwise provided for by statute, shall be by a warrant of arrest of the ship, goods, or other thing to be arrested; and the marshal shall thereupon arrest and take the ship, goods, or other thing into his possession for safe custody, and shall cause public notice thereof, and of the time assigned for the return of such process and the hearing of the cause, to be given in such newspaper within the district as the district court shall order; and if there is no newspaper published therein, then in such other public places in the district as the court shall direct.

10.

In all cases where any goods or other things are arrested, if the same are perishable, or are liable to deterioration,

decay, or injury, by being detained in custody pending the suit, the court may, upon the application of either party, in its discretion, order the same or so much thereof to be sold as shall be perishable or liable to depreciation, decay, or injury; and the proceeds, or so much thereof as shall be a full security to satisfy the decree, to be brought into court to abide the event of the suit; or the court may, upon the application of the claimant, order a delivery thereof to him upon a due appraisement to be had under its direction, either upon the claimant's depositing in court so much money as the court shall order, or upon his giving a stipulation with sureties in such sum as the court shall direct, to abide by and pay the money awarded by the final decree rendered by the court, or the appellate court, if any appeal intervenes, as the one or the other course shall be ordered by the court. 11.

In like manner, where any ship shall be arrested, the same may, upon the application of the claimant, be delivered to him upon a due appraisement, to be had under the direction of the court, upon the claimant's depositing in court so much money as the court shall order, or upon his giving a stipulation with sureties as aforesaid; and if the claimant shall decline any such application, then the court may in its discretion, upon the application of either party, upon due cause shown, order a sale of such ship, and the proceeds thereof to be brought into court or otherwise disposed of as it may deem most for the benefit of all concerned.

12.

In all suits by material-men for supplies or repairs or other necessaries, the libelant may proceed against the ship and freight in rem, or against the master or owner alone in personam.

13.

In all suits for mariners' wages, the libelant may proceed against the ship, freight and master, or against the ship and freight, or against the owner or the master alone in personam.