The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1847-08-21
Law Intelligence.

UNITED STATES DISTRICT CoURr, August II. -Before
Prsctics-In this bond stipulation was entered
into that the respondent should appear and abide by
all the orders Of the Court or final in the
cause; and pay the money awarded by the ua decree
go. final decree was subsequently entered against
the respondent upon which execution issued and vas
AlsDson NASH proctor for ibeant execution against
ion on the ground that order to show should
have been obtained and served the stpulator and
that this proc ediDg was irregular.
Per Curian.-The practice of the District Court in
such cases has been well understood and settled under
the standing rules Of the Court (Betts Practice
An order OF course can be taken after Anal decree
against the principal that the stpulator fulfil his stpu
stion show cause In four days why execution should
Of the principal party; and II be shown
mary decree Is rendered and execution awarded there
against the stpulator (Rule 1862 The rules the
Supreme Court place the principal and surety on bond
stipulation given In arrests in personom the
aei Ss
the Court nterlecutory fna In the cause and pay
the money awarded Dy the final decree rendered
ton, summary process Of execution may and shall
be ISSUED against the principal and surstes, to
stipulations may BIZ taken by the marshal or be-
fore judge commissioned Rule 8, 81 In the pre-
sent the surety executed bond to the marshal
pursuant to the terms of rule Of the Supreme Court
The effect of the bond and remedy upon accord
ngy be determined BY the true import of that rule 1t
to manifest that the court designed by the
rule to place the surety precisely in the situation Of the
principal The nal TO enforced against DO,
by airy proce Of execution, aud accordingly the
method which obtains the process against the principal
Is all that be required procure against the sure
ty also AS the order to Is granted IN
District Court in Of the prin cpa execution
Ia awarded by order Of courssthe distinction proce-
dure that respect to the surety is
by the rule Of the Supreme Court and order all
that Is necessary The same award viii grants execu
ton on the decree, does 30 in regard to ali parties
az that order may be- summary, It Of course must be
founded the decree itself without any iuterme
steps notice. summary proceeding imports 10y
direct action Of the and unless regulated BY
condition qualification of law will bs free of delay and
forms-as summary arrest summary Judgments or de-
checks and ormaes sttsndent upon ordinary proceed
ings of like character 30 summary execution must be
considered the immediate award OF that process after
dna decree and without other reservation than
preme Court is not limited giving summary execution
rs favor, but imperative upon all They are
required to issue against principal and surety to en-
force the final Decree The belant Is, accordin CIV
ought have taken the order for with that obtained
against the principal and the award now must be with.
out costs.
| UNITED STATES MARsHAL's OFFICE, Aug 3d. Charge
Of Grand Ldrceny-Charles Thompson third mate Of
the packet ship Queen Of the West arrested this
United States Commissioner Q charge Of grand lar.
ceny. 1t appeared from the afadavt upon which the
warrant was granted that the Queen Of the West left
Liverpool on the 9Th Of July last that there
Kingston Hull England that said Beddell had in
carpet bag 14l soveregns, together with cts sterling
In American gold and Els sterling in silver that up TO
the 2lst day OF July he had the money that on that
believes 1t was stolen by the said Charles Thompson
Seventeen soveregns afterwards returned but the
remainder Is still missing Thompson soIemny protests
ne Is innocent. He was locked up for examination