McQueen

By the Court,

It was decided in the ease of the *166 Sea Witch, (ante, p. 162,) that the act of April 10, 1850, providing for the collection of demands against vessels and boats, did not apply to such a case as the present. It is claimed, however, on this application for a re-hearing that, in consequence of a bond having been given under section 8 of the statute, the court below thereby acquired jurisdiction over the subject matter, and was authorized to pronounce the judgment rendered in this cause. The sections of the statute upon which the plaintiff relies, are as follows :—

The amount of these sections is nothing more than this, that, when a bond shall be given, the vessel shall be released, leaving the suit to proceed in the same manner as it would have proceeded, in case the vessel had remained under seizure. The judgment is spoken of as one in favor of the plaintiff: but a judgment against what, or whom ? Clearly against the vessel, the only party defendant in the proceeding, and not against ei *167 ther the principal or sureties in the bond ; and judgment haying thus been rendered in favor of the plaintiff against the vessel attached, execution may, by the express…