The Earl K.

On December 28, 1913, a libel was filed in this court against the gasoline launch Earl K., and on the same day a monition was issued directing the marshal to attach the said launch, and fixing January 6, 1914, as the day upon which all persons claiming said launch should appear in court and interpose their claims therefor. On December 24, 1913, the marshal filed this monition, with his return thereon, showing that on December 23d he had attached the said launch, and had given due notice to all persons claiming the same that this court would on January 6, 1914, proceed to trial and condemnation thereof, should no claim be interposed for the same, and showing, further, that he had posted a notice of such seizure, together with a copy of the monition, upon said launch (there being no person in charge of her), and that he had placed a keeper in charge. Proclamation was duly made, and, no person appearing to claim said launch, default was entered and the cause referred to the commissioner, to take testimony and report the amount due to libelant. No notice of such seizure or of the return day of the monition was published by the marshal in any paper.

In due time the commissioner’s…