claimed on taxation before the clerk and disallowed. The proctor "now moves the court to allow the 'li8ua.f costs to libelant and libel. ant's proctor." The "usUal" costs in summary cases were allowed and taxed by the clerk. What I suppose the motion is intended to 'etIect is a special allowance of proctor's costs under the rule above stated. To justify the court in doing this, something should appear in the case to distinguish it from ordinary summary proceed· ings. I do not find anything to so distinguish it. It was the libelant's privilege to have the testimony heard in court, instead of having it taken before a commissioner, but he elected to pursue the latter course. Whether this was more burdensome than hearing· it in court would have been, I do not know, nor is it imporcant. The motion must be dismissed.
THE UMBRIA. OUNARD STEAMSIDP CO., Limited, v. COATES. SAME Y. DOLLARD. (CIrcuit Court of Appeals, Second Circuit. December 13, 1892.) Nos.49,51.
INTERlIlST-.!.ll'FIRKANCE 011' DECREE.
When a decree tor libelant, which Included Interellt, is aftlrmed, be, when appellee, is entitled to interest on the whole decree, unless special circumstances induce the court to disallow It. Deems v. Canal Line, 14 Blatcht. 474, disapproved. The Blenbeim, 18 Fed. 47, followed.
On a libel against one vessel for damages to tbe cargo of another by collision and a decree against her, If the decree Is reversed on appeal by claimant on the ground that both vessels were In fault, appellant Is entl· tIed p> costs.
Motions to modify order for mandate. Denied. For report of the decision on the appeals, see 59 Fed. 489. PER CURIAM. In these CaBe8 we conclude that, upon an a1Ilrm.. ance by this court on an appeal from a decree of the district court in favor of the libelant, the libelant, when appellee, is entitled to interest on the whole decree, in the absence of special circumstances to induce the court to disallow interest. We adopt the rille followed in The Blenheim, 18 Fed. 47, and disapprove that followed in Deems v. Canal Line, 14 Blatchf. 474, believing the doctrine of The Blenheim to be founded on better reason. As to costs, the appellant was put to the necessity of an appeal to secure a proper modification of the decree. If the libelants had made the Iberia a party, and insisted upon a decree against her as well as the Umbria, such as they would have been entitled to according to The Alabama and Game Cock, 92 U. S. 695, they could urge with reason that they should not be charged with the costs. 01 the Umbria's appeal. Not having done 80, there is no good reason why the appellant shall be required to bear the costs of a necessary appeal. to modify the order for a mandate are denied, except The as to the clerical error in the Dollard caae.
THE THIll ,N. B. STARBUCK. THE OHARM. NEW YORK' &: OUBA MAIL STEAMSHIP CO. v. THE EXPRESS, N. B. STARBUCK, and THE CHARM. (Circ¢t ,Court of Appeals, Second Circuit. No. 38.
IKTBREI!lT-AFFJJtHANCE OF DECREE:.
December 13, 1892.)
A party Who appeals from a decree in his favor in a collision case is not entitled to on the original recovery pending the appeal
Motion to Amend Mandate. Denied. For report of the decision on the appeal, see 3 C. C. A. 342, 52 Fed. 890. PER CURIAM; The party who appeals from a decree in his favor in a. cause of collision is not entitled to interest on the original recovery pending the appeal. Interest, in such cases, is given for delay in satisfying a decree. The party who appeals puts it out of the power of the oppo.site party to pay the decree. The Rebecca Clyde, 12 Blatchf. 403; Be'in'menway v; Fisher, 20 How. 260; The Blenheim, 18 Fed. 47. " The motion. to amend the mandate is denied.
The HAYTIAN REPUBLIC. UNITED STATES v. The HAYTIAN REPUBLIC. (Circult Court of Ninth Circuit. December 18, 1893.) No. 149.
ADMIRkLTY PRACTICE-LIBE:L OF FORFEITURE-SECOND SEIZURE.
A vessel which is seized under a libel, of forfeiture for violating the revenue laws, and is released on bon(j.. is not subject to seizure in a different district under a libel alleging other violations committed during the same petiod. The Langdon' Cheves, 2 Mason, 59, distinguished. 57 Fed. 508, atilrmed.
8. 'SAME-RELEASE-BoND-VALIDITY. The rele/l:Se bond of a vessel is not rendered invalid by the mere omission from the condition clause of the specified sum to be paid in case of default, when the bond contains a distinct obligation to pay the appraised value. 57 Fed. 508, affirmed.
Appeal from the District Court of the United States for the District of Oregon. In Admiralty. Libel of forfeiture against the steamship Haytian Republic (the Northwest Loan & Trust Company, claimant) for violation of the revenue laws. Exceptions to the libel were sustained. 57 Fed. 50S. The United States appeal. Affirmed. John M. Gearin (Daniel R. Murphy, U. S. Atty., on the brief,) for the United States. :Andros & Frank, for appellees.