Hooper

(after stating the facts as above). Appellants’ first contention is that the condition for redelivery of the ship is invalid and that the bond can be exonerated only by payment of the recoveries- In support of this they appeal to Comp. Stat. § 1567, and to rule 12, Supreme Court Admiralty Rules, which provide that a claimant may recover possession of the vessel upon bond in double the amount of libelant’s claim, and conditioned to answer tho decreo and to abide by and pay the money by it awarded. Their argument is that thus only can claimant secure delivery of the ship; that delivery extinguishes the lien, the court loses jurisdiction over the ship, and it cannot be again arrested for the same cause, nor the court re-vested with jurisdiction of it by order, by consent or otherwise; and that the invalid condition for redelivery should be rejected as surplusage.

Had claimant sought delivery of the ship without libelant’s consent, as the statute enables to be done, it must have given bond in compliance with the statute. In that event it may be assumed that appellants’ contention in the main would be sound. But claimant proceeded otherwise and upon agreement with libelant. The latter…