The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-05-06
U. S. CIRCUIT COURT.
Before Chief Justice Nelson

Before Chief Justice Nelson.
NAY S-Da.id Bmset, and Others Is United sq'esS
issued in the Of the plaintiffs against the de-
PENDANTS, on the ground of irregularity The maia
ground is the want Of pledges prosecute and to make
return If the property return Is awarded, according
to the requirements the second revised statutes Of New
York pcge 524 section subdivision The 18th section
of the Judiciary Of 1859 enacted that all the
OF the United States should have powers to make and
establish all necessary rules for the orderly conducting
busness in the said courts provided such rules not
rcpugnsnt to the laws Of the United States at the
session II also enacted that until further provision
was made and unless otherwise provided for the forms
Of wrs and executions except their style and modes Of
process in suits at comme law should be the in
each State hn used allowed in the Supreme Courts
Of the same (Act Of September 90 1882 section first
ton at large pag. This provision was the
26) BY rule lo2 of this circuit adopted 10th April
1895 In not provided for by the rules of the court
the rules Of the District the Southern District
OF New York for the time being whether then in force
or subsequently adopted 80 far the appl-
cable are to be considered the rules Of this court.
Rule 240 Of the Disrict Court in not provided
for by its rules, adopts the rules Of the circuit
as far ss applicable and when there is rule
preme Court Of The State then in force 20 far as the
same may be applicable shall govern Rule 10 Of
the supr Court Of the State adopted the January
term, 1850 provides that proceedings repevn, ia
not provided for by statute shall be the
nearly be in other persona. actions A. there
rules in the Circuit District regulating
the proceedings in the action Of rcplevn other than
love referred to- the rules of the Supreme Court Of the
state Of New York they existed ia 1880 far as the
same may be applicable govern and the only regu
alton to be found there the subject Is rule 20 already
n.tccd That rule in connection with the statute regu
alton OF 1870 requires that bend should given the
hera by the plaintiff In his behalf dou-
lie the value Of the property repevned to the
UT 10 effect aud without delay and to return the pro-
erty. return shall be aajudged II will be observed
bat The adoption OF the rules of the Supreme Court By
he court TO regulate its practice and proceedings
'u.S sony so hl stey may DC appcsbie and the qses
on is whether the 10th rule requiring this bond pro-
p,ry applicable to suit instituted in the United States.
We are inclined 10 think IL Is not TIL. United States
can act only through their agents ard then bond
were given could not be bound in way that would
thorizc the institution Ct suit against them they
incapable Of bcin sued The bond would add nothing
TO the security Of the msrshal the defcndan: in tbs
rel levin Neither would third person be authorized to
give the bond on behalf Of the United states unless
lhor1cd Expressly or tmpedy by some act Of Congress
10 annex th condition to the action would therefore
greatly tuisrrss the remedy BY this proceeding II net
wholly deprive them Il ia benefis A. general rode
th sovereign gives no security for the privilege u suing
t,rce Of his rrtrcaatve In where The subject il
Lound 70 give the security (Fitz. n. lola consiga
7;a) 7hc people ~ The state q New York would not
be btund ~ this oct TO give the bond, for
'oner sSt ~ M lesisalnre suh;ecting them to au
we troy 81 respecting similar suits rroveed
irss Whom IN ttuted in the name az a citizen unle-s
cthste provided CIR. >, up. 5d2 section 49, This
privilege, yhs principle That would require he
United states to give the bond. would author
ize judgment for costs. weil ~ for return a
the pcpery sEsinst them the act imposes them in
care 81 failure, TO maintain tho writ. Amon1 all the
various cutie Instituted by The government We have nos
tscu SarrCe 10 my IN which security has been
given a. condition Il bringing the suit; and W. sup
=" htthrg bos oi an ACT - Congress impose any
Sheh cctdstitp Wien lurg in IL own courts Al
t'cecton As taken that Il did appear the pro
lsriy In dispute - the value ~ $500 and which
wSs NECESSARY o. sve jut dictn % tie court The o.
Jeion i premature a. would b. arfcicnl Il IL sp-
tar ~ tbe % caratcn II IL appeared ainrmstivr,y IL
The Wit that tie value 81 e property les than the
above sIouut might Interfere n this stage a the
suit Bot " does not. and for augl know my
otu H. IL sGea. y nay b. shown ~ tac declarations
iLet the suit a! out ~ tho rtvenue and
,itu The amount - not essential e. the Jurisdiction
Art 2 hsrch lt.3. a e. Mt large Ga21 we think the
81. costs.