Stephen Johnson Field

“ The seizure of the property, as thus seen, is made the foundation of the subsequent proceedings. It is essential to give jurisdiction to the court to decree a forfeiture. Now, by the seizure of a thing is meant the taking of a thing into possession, the manner of which, and whether actual or constructive, depending upon the nature of the thing seized. As applied to subjects capable of manual delivery, the term means caption; the physical taking into custody.
In the case at bar, a visible thing, capable of physical possession, is the subject of the libel. ”

“ The writ describes the note, and the command to the marshal is, 'to attach the note, and to detain the same in your custody until the further order of the court respecting the same,'-language which is inconsistent with any service other than that made by physically taking the note into his possession and control. ”