had been given to such person by his proper name. Only such persons shall be required to join in such suit as have a joint interest; others may allege breaches and have assessment of damages, as in other cases of suits on penal bonds. [R. S. 1845, p. 71, § 2.

6. Writ-names of defendants. 6. Upon the filing of such petition and bond as aforesaid, the clerk shall issue a writ of attachment against the owner of such water-craft, directed to the sheriff of this county, commanding him to attach such water-craft, which writ shall be tested and returnable as other writs of attachment. Such owners may be designated by their reputed names, by surnames, and joint defendants by their separate or partnership names, or by such names, styles or titles as they are usually known. If the name of any owner is unknown, he may be designated as unknown owner. [L. 1857, p. 105, § 4.

7. Form of writ. § 7. The writ shall be substantially in the following form:

STATE OF ILLINOIS,

SS. county,

The People of the State of Illinois, to the sheriff of

Whereas

county-GREETING:

(name of the petitioner), hath complained that the owners of the (name of the vessel), are justly indebted to him in the sum of dollars (amount due), for which he claims a lien upon said vessel, and has given bond with security as required by law: We therefore command you that you attach the said (name of vessel), her tackle, apparel and furniture, to satisfy such demand and costs, and all such demands as shall be exhibited against such vessel according to law, and having attached the same, you summon (here insert the names of owners of such vessel) owners of such vessel, to be and appear before the court of at its next term, to be holden at the court-house in said. then and there to answer what may be objected (name of vessel). And have you then and there this writ, with a return thereon in what manner you have executed the same. Witness,

day of

county, on the
against them and the said

of

clerk of

A. D. 18

court, and the seal thereof, this

day

Clerk.

8. Execution of writ-return. § 8. The sheriff or other officer

to whom such writ shall be directed shall forthwith execute [*164] the same by reading the same to such defendants, and attaching the vessel, her tackle, apparel and furniture, and shall keep the same until disposed of as hereinafter provided. Such sheriff or other officer shall also, on or before the return day in such writ, or at any time after the service thereof, upon the request of the petitioner, make a return to said court, stating therein particularly his doings in the premises, and shall make, subscribe and annex thereto a just and true inventory of all the property so attached. [L. 1857, p. 105, 4.

9. Only one attachment. 9. Whenever any such writ shall be issued and served, no other attachment shall issue against the said water-craft, unless the first attachment is discharged, or the vessel is bonded.

10. Notice by publication and mail. 10. Upon return being made to such writ, unless the vessel has been bonded, as hereinafter provided, the clerk shall immediately cause notice to be given in the same manner as required in other cases of attachment. The notice shall contain, in addition to that required in other cases of attachment, a notice to all persons to intervene for their interests on a day certain, or

that said claim will be heard ex parte. [See "Attachments, etc.," ch. II, $22.

11. Intervening creditors, etc. § 11. Any person having a lien upon or any interest in the water-craft attached, may intervene to protect such interest, by filing a petition as hereinbefore provided, entitled an intervening petition; and any person interested may be made a defendant at the request of himself, or any party to the suit, and may defend any petition by filing an answer as hereinafter provided, and giving security, satisfactory to the court, to pay any costs arising from such defense; and upon the filing of any intervening petition, a summons, as hereinbefore provided, shall issue; and if the same shall be returned not served, notice by publication may be given as aforesaid; and several intervening petitioners may be united with each other, or the original, in one notice.

12. Bond by intervenor. § 12. Any person intervening to enforce any lien or claims adverse to the owners of the craft attached shall, at the time of filing his petition, file with the clerk a bond as in the case of original attachment.

13. When intervening petition may be filed-proceedings. § 13. Intervening petitions may be filed at any time before the vessel is bonded, as provided in section fifteen (15); or, if the same is not so bonded, before order for distribution of the proceeds of the sale of the craft. And the same proceeding shall thereupon be had as in the case of claims filed before sale.

14. Liens not filed to cease. § 14. All liens upon any watercraft which shall not be filed hereunder before sale under decree or judgment, as hereinafter provided, shall cease.

15. Bonding vessel. $ 15. The owner, or his agent or attorney, or any other person interested in such water-craft, desiring the return of the property attached, having first given notice to the petitioner, his agent or attorney, of his intention to bond the same, may, at any time before judgment, file with the clerk of the court, in which the suit is pending, a bond to the parties, having previously filed petitions against such craft, in a penalty at least double the aggregate of all sums alleged to be due the several petitioners, with security to be approved by the clerk, conditioned that the obligors will pay all moneys adjudged to be due such claimants, with costs of suit. [R. S. 1845, p. 72, §5; L. 1857, p. 105, $5.

16. Appraisements-restitution-sale. § 16. If the owner or his agent or attorney, or other party in interest, so elect, in place of bonding, as aforesaid, he may apply to the court or judge thereof upon like notice as aforesaid, for an order of appraisement of such water-craft so seized, by three competent persons to be appointed by the court or judge thereof and named in the order, and upon such party depositing with the clerk the amount of such appraisement in money, or executing or filing with him a bond for said amount, executed as provided in the preceding section, it shall be the duty of the clerk to issue an order of restitution, as provided in next section, and if the claimant of [*165] such water-craft shall decline any such application, or neglect within twenty days to accept such appraisement and make the deposit,

or give the bond aforesaid, or the property seized shall be liable to decay, depreciation or injury from delay, the court, in its discretion, may order the same or part thereof to be sold, and the proceeds thereof to be brought into court to abide the event of the suit.

17. Order of restitution, etc. § 17. Upon receiving a bond or deposit, as provided in either of the foregoing sections, it shall be the duty of the clerk to issue an order of restitution, directing the officer who attached the water-craft to deliver the same to the person from whose possession the same was taken, and said water-craft shall thenceforth be discharged from all the liens secured by such bond or deposit, unless the court or judge thereof, upon motion, shall order the same again into custody on account of the insufficiency or insolvency of the surety. [R. S. 1845, p. 72, $5.

18. Additional security. § 18. If any petitioner shall, at any time, become satisfied that his security is insufficient, or has become imperiled, he may, by motion founded upon affidavit filed, and upon notice served with copy of such affidavit and motion, move the court to direct the giving of additional security, which motion shall be summarily heard and determined, and such order made therein as justice shall require; and the court shall have power to enforce all orders so made by attachment for contempt against persons, or writ against such water-craft, or otherwise.

19. Answer-affidavit of merits - default. § 19. Within three days after the return day of such summons—if personally served, ten days before the first day of the term to which it is returnable, or if not personally served, then within the time prescribed in the published notice -the owner or any person interested adversely to the claims mentioned in the notice, unless on cause shown, further time shall be allowed by the court, shall except, demur or file his answer upon oath or affirmation. The answer shall be full and distinct to each allegation of the petition, but such answer shall not have the effect of a sworn answer in chancery as evidence. At the time of filing an exception, demurrer or answer, an affidavit of the claimant, or his agent or attorney, shall be filed, stating that the claimant has a good defense upon the merits. And in case no such exception, demurrer or answer, together with such affidavit of merits, be filed within the time above specified, the petitioner shall be entitled to a default, and the demand may be proved and judgment rendered as in other cases. [L. 1857, p. 105, § 6.

20. Amendments-new parties. § 20. Amendments may be allowed as in other cases and upon like terms and conditions, and the court may take all proceedings and make all orders necessary to fully dispose of the rights of all persons interested in the property attached, and for that purpose may add new parties whenever necessary, who may be summoned or notified as in case of original defendants.

21. Judgment when vessel discharged. 21. If, upon the trial, judgment shall pass for the petitioner, and the water-craft has been discharged from custody as herein provided, said judgment or decree shall be rendered against the principal and sureties in the bond; Provided, that in no case shall the judgment exceed the penalty of the bond, and the subsequent proceedings shall be the same as now provided by law in

personal actions in the courts of record in this State. If the release has been upon deposit, the judgment shall be paid out of said deposit.

22. Judgment when vessel in custody. § 22. In case the water-craft has not been discharged from custody, the judgment or decree shall be that the same, with the appurtenances, be sold at public vendue by the sheriff, after notice of the time and place of said sale, published as herein required in cases of seizure, at least ten days before such sale; Provided, that in case of petition filed prior to distribution, the judgment shall be for payment out of the proceeds of sale, and in case of claims [*166] filed against surplus proceeds, the judgment, if in favor of the petitioner, shall, in substance, affirm the claim to be sustained, and direct payment thereof from the surplus proceeds. [L. 1857, p. 105, $ 6.

23. Order of sale. § 23. The clerk shall thereupon issue an order of sale, commanding the sheriff to sell such water-craft as directed in the judgment, and to return said writ within twenty-four hours after sale, with his doings in the premises, and with proof, by affidavit, of the requisite notice, with a copy of such notice. [R. S. 1845, p. 71. § 1.

24. Proceedings on sale. § 24. It shall be the duty of the sheriff, upon receiving the amount of the bid at any sale, either before or after judgment, from the purchaser, or in case the purchaser is petitioner or an intervenor, upon receiving so much of the bid as the court or judge thereof shall direct by special order, reference being had to the relative amount of the buyer's claim, to deliver such water-craft and appurtenances to the purchaser, with a bill of sale thereof, and to return and to deliver to the clerk the amount by him received on such sale.

25. Bill of sale-evidence-effect. § 25. A copy of the last enrollment, if any, of such water-craft shall be recited in the bill of sale if such copy can be obtained, and a copy of the judgment, with the order of sale, or if such craft is sold pursuant to an order before judgment, a copy of such order shall also be recited in such bill of sale, certified by the clerk, under the seal of the court; and such bill of sale shall be full and complete evidence of the regularity of the judgment or order and sale, in all courts and places, and shall supersede the necessity of any other proof thereof to validate said bill of sale; and all bills of sale containing such recital, and supported by such proof, shall be effectual to pass the title of such water-craft.

26. Distribution. § 26. The sum delivered by the sheriff to the clerk as aforesaid shall be distributed by the court upon motion of any party in interest of record, and due notice to the other parties, and after the following manner.

First-The costs accruing upon all complaints filed before distribution and on which judgment or decree is or may be thereafter rendered in favor of complainant.

Second-Seamen's (which term shall include the master) wages due upon the last two voyages, or if shipped by the month, the last two months. Third-All other claims filed prior to order of distribution on which decree or judgment may be rendered in favor of complainant, together with whatever balance may be due seamen.

27. Remnants. § 27. Any portion of the sum so paid by the

sheriff to the clerk, or of a deposit remaining after such distribution as aforesaid, shall be denominated remnants and surplus proceeds, and where any claim or complaint shall be filed against the same as provided in this act, distribution shall be directed by the court after decree or judgment upon motion and notice, as provided in the last section, and after the following order:

First-All costs upon claims passing into decree which were filed after distribution.

Second-All other liens enforceable under this act against the watercraft prior to distribution.

Third-All claims upon mortgages of such water-craft or other incumbrances by the owner, in proportion to the interest they cover and priority.

Fourth-Upon petition of the creditor, all judgments at law, or decrees in chancery against the owner, and which ought equitably to be paid out of the proceeds in preference to the owner.

Fifth-The owner.

28. Power of court in distribution. § 28. In case the sum for which the water-craft is sold is sufficient to pay all the claims filed before distribution, with costs thereon, and an appeal is taken as hereinafter provided, the court may order distribution of such portion of the sum brought on sale upon judgments unappealed from as may seem just and proper.

29. Appeal-error. § 29. Any party complaining or defending, who may think himself aggrieved by the final judgment of the court, may appeal therefrom to the supreme court, or may prosecute a [*167] writ of error in the same manner as appeals or writs of error are taken or prosecuted in other cases. [L. 1857, p. 106, § 9; L. 1865, p. 104, § 1.

BEFORE JUSTICES of the PEACE.

30. Proceedings before justice. § 30. In an action brought before a justice of the peace against the owner of any boat to recover any debt contracted by such owner, or by the master, agent, clerk or consignee thereof, for supplies furnished or for labor done in, about or on such boat, or for materials furnished in building, repairing, fitting out, furnishing or equipping the same, or to recover for the non-performance of any contract relative to the transportation of persons or property thereon, made by any of the persons aforesaid, or to recover injuries to persons or property by such boat, or the officers or the crew thereof, done in connection with the business of such boat, an attachment may issue against such boat as hereinafter provided.

31. Complaint. § 31. Before the commencement of the action the plaintiff, his agent or attorney, shall file with the justice an affidavit, which may be substantially in the following form:

A. B. (or C. D., his agent or attorney), being duly sworn, says: That A. B., the plaintiff, has a just demand against E. F., the defendant (if known, if not known, against the boat, naming it), on account of (here make a short statement of the nature of the demand, giving the amount due), and the plaintiff prays an attachment theretor.