Samuel Blatchford

“ The affidavit for seizure is made by the special agent of the general land-office, who swears that, 'to the best of his knowledge, information, and belief,' the property sued for is the property of the United States. The statute authorizes the affidavit to be made by 'the plaintiff, his agent or attorney.' The making of an affidavit by an agent or attorney necessarily implies that he may not be able to make it on positive knowledge ”

“ He swore to it 'to the best of his knowledge.' The court held that, to give effect to the statute, the agent must be allowed to swear in the only manner in which he could safely swear, except in some few particular cases, namely, to the best of his knowledge and belief. ”

“ If the defendant neglect for five days to give such bond, the property sued for must be delivered to the plaintiff, on his giving bond, with sufficient surety, in double the value of the property, payable to the defendant, with condition to deliver the property to the defendant within thirty days after judgment, in case he fail in the suit, and to pay damages for the detention of the property and costs of suit. ”