Page:Federal Reporter, 1st Series, Volume 7.djvu/374

 362 FEDERAL REPORTER. �however, provides that, upon the service of a foreign attach- ment, it sliall be the duty of the garnishee named therein to file with the olerk an affidavit containing a full and true statement of the "property or funds" in his hands belonging to the principal defendant at the time the writ was served, and at the time the affidavit was made. It may be conceded at once that the power of this court to require garnishees to make disclosures under rule 14 cannot enlarge the power given by the second general admiralty rule in cases of garnishment ; and therefore that the garnishee can only be required to make retum of the "credits and eflfects" of the principal defendant in his hands or under his control ; and, consequently, unless the word "effects" is broad enough to include ships and other tp,ngible personal property, t^ie garnishee cannot be beld lia- ble in respect thereof. �The word "effects" is one of very extensive import, and is frequently used in wills as a synonym for personal estate. In Hogan v. Jackson, Cowp. 299, 80e, Lord Mansfield con- sidered it to be synonymous with "worldly substance," which means whatever can be turned to value, and therefore that "real and personal efieeta" means all a man's property. A similar definition is found in Campbell v. Prescott, 15 Ves. 500, 507; Doe v. Earles, 15 M. & W. 450. �This is substantially the definition given by J3ouvier, who says that the word is equivalent to property or worldly sub- stance, and may carry the whole personal estate when used in a will. But' wben it is preceded and connected with words of a narrOwer import, and the bequest is not residuary, it will be confined to species of property ejusdem generis. Judge Conkling, in his work upon Admiralty, vol. 2, p. 141, con- cedes that the word ordinarily is one of comprehensive im- poit, but treats it as being used in general admiralty rule 2 in contradistinction to goods and cbattels, and may be sup- posed to refer more especially to kinds of property not fitrictly falling within the scope of the other terms employed, and not properly sufe'ceptible of manual seizure; such, for example, as shares in the stock of corporate companies, raoney in the bands of a sheriff, or of an agent, or the like. ��� �