The sloop Mary. security; and this principle is sanctioned by Mr. Justice Story in the case of the Jerusalem, who lays it down as an established rule, that a second bottomry bond, although posterior in time, has priority of claim. The present case, however, does not require the adoption of so broad a principle. The adversary claim here is not founded upon a bottomry bond, but upon a bill of sale in the nature of a mortgage, and which would not create any valid lien as against a subsequent bona fide purchaser or incumbrancer, without notice. William H. Young was permitted to remain in possession, and to act as the absolute owner of the sloop; the register, and all her papers, standing in his name, and without any endorsement, showing any incumbrance upon the vessel: Daniel Young is therefore chargeable with negligence, in permitting William to appear as absolute owner, and thereby putting it in his power to impose upon a foreign creditor, who should advance money upon the security of the vessel. Upon the principles of the common law, as well as of equity, the claim of Daniel Young must be postponed to that of the libellant. The decree of the District Court must accordingly be reversed, and a decree entered, that the proceeds of the vessel be paid over to the libellant towards satisfaction of his claim. S. P. STAPLES and I. J. HITCHсосK for the libellants. g 2 Gal. 350. AMENDMENTS AND JEO- FAILS. 1. The Circuit Courts, on appeal 486 tend to defects in substance. ib. 4. But the amendments must be of citizenship is a defect in 7. Amendments at common law 9. A judgment was entered in ib. Vide BILLS OF EXCHANGE, 1. APPEARANCE. Vide REMOVAL OF CAUSES. ARMY. 539 1. The duties and powers of a to be disbursed to regular Vide STATUTES OF UNITED ASSIGNEE. BANKRUPT LAWS. ib. Vide INSOLVENT LAWS. JURIS- BILLS OF EXCHANGE. 1. Where the endorsee of a bill |