The Fideliter

SAWYER, Circuit Judge.

The first point made by appellant, and which, if tenable, is fatal, is, that the district court had no jurisdiction over the vessel, and that this court has now no jurisdiction.

The ground of- the objection is, that the jurisdiction of the district courts of causes of “seizure under the laws of impost, navigation, and trade of the United Slates,” under the provisions of section 9 of the judiciary act of 1789-(1 Stat. 77), does not attach unless the property judicially proceeded against is seized prior to such proceeding, either in the district where the proceeding is had,…