Carroll

This is a motion to dismiss an appeal from a decree in admiralty denying the appellant seaman relief for personal injuries arising from the unseaworthiness of his vessel and for maintenance and cure. The seaman filed no cost bond on the appeal.

The motion is attempted to be supported on an affidavit which states that the affiant is informed and believes the seaman is represented by a proctor, who will Serve the seaman without charge unless he recovers on his libel, and that the amount of the fee depends on the amount of recovery. It does not state that the seaman has assigned any interest in his cause of action to the proctor. The affidavit on information and belief is not offered as a pleading tendering an issue to be tried, but as proof of the facts of which it discloses the hearsay of the affiant.

The seaman in not filing his cost bond relies on the provisions of the statute for the special relief of seamen, section 837, 28 U.S.C.A., as follows:

“§ 837. Suits by seamen without prepayment of or bond for costs. Courts of the United States, including appellate courts, hereafter shall be open to seamen, without furnishing bonds or prepayment of or making deposit to secure fees…