Page:Federal Reporter, 1st Series, Volume 4.djvu/476

 463 IfESEBAIi BBPOBTEIi. �movable personal property; capable of actual manucaption. Unless taken into actual possession by an officer of the court, it might be eloigned before a deoree of condemnation could be made, and thus the decreei would be ineffectuai. It might corne into the possession of another court, and thus there might arise a conflict of jurisdiction and decision if actual seizure and retention of possession were not necessary to con- fer jurisdiction over the subject." �In the present case it is certain that there was no actual seizure of the tug by the marshal under the original process issued out of this court. Acting in accordance with the express instructions of the libellant the marshal did not seize the tug, but, with the acquiesence of ail the parties in interest, she remained in the possession of Christian. Of this, I may here say, noue of the owners, under the circumstances of the case, bave any right to complain. �But it is said that the marshal's retum shows an attach- ment of the vessel. I do not think so. True, the language of the retum is, "attached the steam-tug Anna P. Dorr." But how? "By serving a copy of this writ personally on John Carse, part owner pf same, and by serving, November 5, 1875, a copy of this writ at residence of Captain E. F. Chris- tian on wife." But such service of the writ was not an attachment or seizure of the vessel. �The return, as a whole, does not import any seizure of the tug, and it is entirely consistent with the facts as they appear aliunde. �It foUows, from what bas been said, that the order allow- ing the alias attachment in this case was errùneously made. Certainly that order would not have been made had the court been fuUy advised as to the facts, or had the proceedings in the United States district court for the northern district of New York been brought to its attention. �And now, November 17, 1880, the aHas attachment is set aside; and it is ordered that the marshal deliver the said steam-tug Anna P. Dorr to L. B. Tortier; and it is further ordered and decreed that E. F. Christian and John Carse ����