CH.  VII.]  PROPERTY   UPON   BAIL.  171

but  in  the  Admiralty  a  more  liberal  practice  is  adopt-  182
ed.^  An  indiscriminate  delivery  of  property  libelled
on  bail  is  not  a  correct  practice.*  The  provision  of  the  Act
of  Congress  of  March  2d,  1799,  does  not  extend  to  any  cases
except  those  of  seizures  under  that  Act,  nor  is  it  compulsory
upon  the  Court.  It  rests  in  sound  discretion  whether  prop-
erty^ libelled  shall  be  delivered  on  bail  in  any  case.'  If  a
party  has  property  delivered  to  him  on  bail,  he  is  estopped
to  contest  the  validity  of  the  security.*  If  the  bail  bond,  or
stipulation,  should  not  be  rightfully  taken,  the  Admiralty
has  the  power  to  compel  by  its  process  a  redelivery  of  the
property.^

In  instance  revenue  causes  in  the  Admiralty,  the  judg-
ment upon  the  bond,  given  for  the  delivery  of  the  property,
pursuant  to  the  Act  of  1799,  should  be  in  open  Court  after
the  lapse  of  twenty  days  after  condemnation  of  the  proper-
ty libelled,  and  not  before.*  In  the  District  Court  of  the
United  States  for  the  District  of  Massachusetts,  the  practice
in  an  instance  revenue  cause,  where  the  property  libelled
has  been  delivered  upon  bail,  is  to  keep  the  cause  in
Court,  until  after  the  lapse  of  twenty  days  after  con-  183
demnation,  and  then  to  move  for  a  summary  judgment
on  the  bond  against  the  claimant  and  his  sureties.  The
judgment  upon  the  bond  is  an  incident  to  the  original
cause,  and  upon  appeal  the  bond  follows  the  cause,  and,
upon  affirmation  of  the  decree  in  the  appellate  Court,  the
fruits  of  the  bond  may  be  obtained  in  the  same  way  as  in
the  inferior  Court.^    But  it  has  been  decided,  in  the  Circuit

1  The  Struggle,  1  Gall.  R.  477.        «  Ibid.        'Ibid.        *  Ibid.        3  Ibid.
