district and mail a copy thereof by registered mail to the Attorney General of the United States, and shall file a sworn return of such service and mailing. Such service and mailing shall constitute valid service on the United States and such corporation. In case the United States or such corporation shall file a libel in rem or in personam in any district, a cross-libel in personam may be filed or a set-off claimed against the United States or such corporation with the same force and effect as if the libel had been filed by a private party. Upon application of either party the cause may, in the discretion of the court, be transferred to any other District court of the United States.

"Sec. 3. Such suits shall proceed and shall be heard and determined according to the principles of law and to the rules of practice obtaining in like cases between private parties. A decree against the United States or such corporation may include costs of suit, and when the decree is for a money judgment, interest at the rate of 4 per centum per annum until satisfied, or at any higher rate which shall be stipulated in any contract upon which such decree shall be based. Interest shall run as ordered by the court. Decrees shall be subject to appeal and revision as now provided in other cases of admiralty and maritime jurisdiction. If the libelant so elects in his libel the suit may proceed in accordance with the principles of libels in rem wherever it shall appear that had the vessel or cargo been privately owned and possessed a libel in rem might have been maintained. Election so to proceed shall not preclude the libelant in any proper case from seeking relief in personam in the same suit. Neither the United States nor such corporation shall be required to give any bond or admiralty stipulation on any proceeding brought hereunder. Any such bond or stipulation heretofore given in admiralty causes by the United States the United States Shipping Board or the United States Shipping Board Emergency Fleet Corporation, shall become void and be surrendered and cancelled upon the filing of a suggestion by the Attorney General or other duly authorized law officer that the United States is interested in such cause and assumes liability to satisfy any decree included within said bond or stipulation and thereafter any such decree shall be paid as provided in section 8 of this act.

"Sec. 4. If a privately owned vessel not in the possession

Fed. Prac. Vol. III-60

of the United States or of such corporation is arrested or attached upon any cause of action arising or alleged to have arisen from previous possession ownership, or operation of such vessel by the United States or by such corporation, such vessel shall be released without bond or stipulation therefor upon the suggestion of the United States, through its Attorney General or other duly authorized law officer, that it is interested for the satisfaction of any decree obtained by the libelant in such cause, and thereafter such cause shall proceed against the United States in accordance with the provisions of this Act.

"Sec. 5. Suits as herein authorized may be brought only on a cause of action arising since April 6, 1917, provided that suits based on causes of action arising prior to the taking effect of this Act shall be brought within one year after this Act goes into effect; and all other suits hereunder shall be brought within two years after the cause of action arises.

"Sec. 6. The United States or such corporation shall be entitled to the benefits of all exemptions and of all limitations of liability accorded by law to the owners, charterers, operators, or agents of vessels.

"Sec. 7. If any vessel or cargo within the purview of sections 1 and 4 of this Act is arrested, attached, or otherwise seized by process of any court in any country other than the United States, or if any suit is brought herein against the master of any such vessel for any cause of action arising from, or in connection with, the possession, operation, or ownership of any such vessel, or the possession, carriage, or ownership of any such cargo, the Secretary of State of the United States in his discretion, upon the request of the Attorney General of the United States, or any other officer duly authorized by him, may direct the United States consul residing at or nearest the place at which such action may have been commenced to claim such vessel or cargo as immune from such arrest, attachment, or other seizure, and to execute an agreement, undertaking, bond, or stipulation for and on behalf of the United States, or the United States Shipping Board, or such corporation as by said court required, for the release of such vessel or cargo, and for the prosecution of any appeal; or may, in the event of such suits against the master of any such vessel, direct said United States consul to enter the appearance of the United States, or of the United States Ship

ping Board, or of such corporation, and to pledge the credit thereof to the payment of any judgment and cost that may be entered in such suit. The Attorney General is hereby vested with power and authority to arrange with any bank, surety company, person, firm, or corporation in the United States, its Territories and possessions, or in any foreign country, to execute any such aforesaid bond or stipulation as surety or stipulator thereon, and to pledge the credit of the United States to the indemnification of such surety or stipulator as may be required to secure the execution of such bond or stipulation. The presentation of a copy of the judgment roll in any such suit, certified by the clerk of the court and authenticated by the certificate and seal of the United States consul claiming such vessel or cargo, or his successor, and by the certificate of the Secretary of State as to the official capacity of such consul, shall be sufficient evidence. to the proper accounting officers of the United States, or of the United States Shipping Board, or of such corporation, for the allowance and payment of such judgments: Provided, however, That nothing in this section shall be held to prejudice or preclude a claim of the immunity of such vessel or cargo from foreign jurisdiction in a proper case.

"Sec. 8. Any final judgment rendered in any suit herein authorized, and any final judgment within the purview of sections 4 and 7 of this Act, and any arbitration award or settlement had and agreed to under the provisions of section 9 of this Act, shall, upon the presentation of a duly authenticated copy thereof, be paid by the proper accounting officers of the United States out of any appropriation or insurance fund or other fund especially available therefor; otherwise there is hereby appropriated, out of any money in the Treasury of the United States not otherwise appropriated, a sum sufficient to pay any such judgment or award or settlement.

"Sec. 9. The Secretary of any department of the Government of the United States, or the United States Shipping Board, or the board of trustees of such corporation having control of the possession or operation of any merchant vessel are hereby authorized to arbitrate, compromise, or settle any claim in which suit will lie under the provisions of sections 2, 4, 7 and 10 of this Act.

"Sec. 10. The United States, and the crew of any merchant

vessel owned or operated by the United States, or such corporation, shall have the right to collect and sue for salvage services rendered by such vessel and crew, and any moneys recovered therefrom by the United States for its own benefit, and not for the benefit of the crew, shall be covered into the United States Treasury to the credit of the department of the Government of the United States, or of the United States Shipping Board, or of such corporation, having control of the possession or operation of such vessel.

"Sec. 11. All moneys recovered in any suit brought by the United States on any cause of action arising from, or in connection with, the possession, operation, or ownership of any mer chant vessel, or the possession, carriage, or ownership of any cargo, shall be covered into the United States Treasury to the credit of the department of the Government of the United States, or of the United States Shipping Board or of such aforesaid corporation, having control of the vessel of cargo with respect to which such cause of action arises, for reimbursement of the appropriation, or insurance fund, or other funds from which the loss, damage, or compensation for which said judgment was recovered has been or will be paid.

"Sec. 12. The Attorney General shall report to the Congress at each session thereof the suits under this Act in which final judgment shall have been rendered for or against the United States and such aforesaid corporation, and the Secretary of any department of the Government of the United States, and the United States Shipping Board, and the board of trustees of any such aforesaid corporation, which shall have been agreed to since the previous session, and in which the time to appeal shall have expired or have been waived."1

§ 567. Process in personam. "In suits in personam the mesne process shall be by a simple monition in the nature of a summons to appear and answer to the suit, or by a simple warrant of arrest of the person of the respondent in the nature of a capias, as the libelant may, in his libel or information pray for or elect; in either case with a clause therein to attach his goods and chattels, or credits and effects in the hands of the garnishees named in the libel to the amount sued for, if said respondent § 566a. 1 Ch. 95, 41 St. at L.

525, Comp. St., §§ 125114-12514k.

shall not be found within the district.' "1 A monition in admiralty in a suit in personam should be personally served on the defendant, or, if he cannot be found, by an attachment of his property in accordance with Admiralty Rule.2 Service by leaving a copy of the citation with a servant at defendant's residence is not sufficient.3

Service of a monition upon a corporation may be made upon its president or secretary or in the case of a foreign corporation upon any person whom it has appointed to accept service of process in accordance with a State statute.5 Ordinarily a State statute does not affect the manner of serving process in personam and in admiralty. Service of monition in a proceeding in rem may be made on an agent of a non-resident in' conformity, with a State statute authorizing such mode of service in actions at law or in equity."

Where the libelant begins a proceeding in admiralty in rem to enforce a claim which does not constitute a maritime lien, and has made no personal service of a monition upon the owner, he cannot convert his libel by amendment into a proceeding in personam although the latter has appeared to claim and release the ship without service of a monition in accordance with the rule.8

§ 567a. Foreign attachment. The writ of attachment was a process in admiralty recognized long before any admiralty rules were adopted.1 It has been said that the authority for its issuance does not depend upon such rules. It was not the intention of the admiralty rules to abolish such writ in those cases where, by reason of the abolition of imprisonment on debt, there can be no warrant of arrest.3 The writ may issue in any suit in admiralty, where the court has jurisdiction of the sub

§ 567. 1 Adm. Rule 2.

2 Walker v. Hughes, 132 Fed. 885. 3 Ibid.

4 American Potato Corp. v. Boca Grande S. S. Co., 233 Fed. 542.

5 Norfolk Southern R. Co. V. Foreman, C. C. A., 244 Fed. 353. 6 Ibid.

7 Insurance Co. of North America

v. Frederick Leyland & Co. Ld., 139 Fed. 67.

8 The Lowlands, 147 Fed. 986. See supra, § 564, infra, § 579.

§ 567a. 1 Manro v. Almeida, 10 Wheaton 473; Rosasco v. Thompson, 242 Fed. 527.

2 Rosasco v. Thompson, 242 Fed. 527. 3 Ibid. 993.

See The Horsa, 232 Fed.