Page:Federal Reporter, 1st Series, Volume 5.djvu/474

 462 TEDEBAL BBPOETBi;. �attachment. This return is not shown to bave been the re- suit of any collusion or fraud on the part of the libellant; and the marshal now insista that ail proper effort to serve the defendant was made by him before he levied. the attach- ment. If the marshal's return be true, the right to attach is clear. If the return be false, the marshal is liable for a false return. The proper course, under those circumstanees, is to allow the return to stand, and leave the marshal to justify it in an action against him for a false return. �But there is another ground upon which the motion is pressed, so far as it relates to the pier itseif. This ground is that the pier is real property, and not within the scope of the process that was issued to the marshal. The process au- thorized the marshal, in case the defendant should not be found within this district, then to attach the defendant's goods and chattels to the amount sued for. The marshal's authoiuty was tberefore limited, by the terms of the writ, to the seizure of goods and chattels, and he had no power to attach the iron pier in question, unless it can be held that such a structure cornes within the designation of goods as used in the process. In my opinion it cannot be so held, and therefore the attachment, so far as it affects the pier proper, cannot be maintained. Whether it would have been compe- tent for this court, sitting in admiralty, to direct the attach- ment of real estate upon re-issue process is a question not presented by this case, and as to which I express no opinion ; nor do I express any opinion as to the power of the court to amend the process at this stage of the cause, for such amend- ment, if now made, would be of no benefit to the libellant, as the defendants now stand ready to enter their appearance. The objection that the question whether the pier attached cornes within the designation of goods should not be decided upon in a suit like the present, is obviated by the oSer to the defendant to give the usual bond for the other property scized in an amount sufficient to cover the libellant's demand. The attachment of the pier proper is, therefore, set aside, and the pier itseif discharged from custody. As to the other prop- erty seized the attachment must stand. ����