LEGAL RECORD. United States District Court.-March 2, 1832. The following rules were adopted by the court: It is ordered, that after the present term, the clerk place on the docket causes noticed for trial, in the following classes and in the order designated: First class. Criminal cases. 1st. Cases for trial by jury, according as the indict- LES AND INDEX. ments are presented in court or transmitted from the Circuit Court. 2d. Issues in law upon indictments or pleas thereto. 8d. Motions to quash indictments, motions for new trials or in arrest of judgment. Second class. Issues to the jury in common law cases, including seizures under the revenue laws, and S actions for fines and forfeitures. Third class. Suits for seamen's wages, or for torts to seamen at sea or in foreign ports. 1st. Actions in rem when the vessel or freight is under arrest and not bailed. 2nd. Actions in personam when the defendants or their effects in the hands of third persons are in custody. Srd. Suits for wages where there is no actual custody of property or person. 4th. Suits by seamen for breach of the shipping contract, or for wrongs sustained by them on the voyage last before suit brought. Fourth class. Luits in rem. 1st salvage, cases in which the salvors hold the property in rem. 2nd. All other actions in rem in which the property attached is detained in custody without being bailed. 3rd. Actions in personam in which there has been an arrest of property in the hands of third parties by foreign attachn.ent or otherwise. THE UNITED STATES FOR ICT OF NEW YORK. 1. state plainly the facts upon 2. which ding or statement in writing upon Fifth class. All other actions in admiralty or at common law. in which issues are taken triable by the 3. court, to be docketted in the order of the issues. It is ordered that parties furnish the clerk with their notes of issues, together with memoranda of the character of the cases, to enable him to make the proper arrangement of them on the docket as above directed. ed States,) praying an attachment answer of any party on oath, shall On trial the causes will be called in the order of their classes and cases on the docket, and when the 4. cases in any class have been once, called they lose their privilege of place until all the other classes have beeny himself, in all cases where one is called. No case, after being called on the docket, will be al. s filed in his name, except as is herelowed to retain its priority except for the cause of specially ordered by the judge. sickness of some one whose attendance upon it is necessary, or because of other inevitable accident, nor will a case so called be assigned for hearing at a future day but for like causes. Each Saturday of the term is assigned for hearing special motions, and the docket will not be called on these days. A copy from the minutes. GEORGE W. MORTON, Clerk. 5. raying a monition or citation only to. 6. filed, shall be plainly and fairly engrossed, without erasures or interlineations materially defacing them. If papers not conforming to this Ruie are offered, the clerk shall require the allocatur of the judge to be endorsed thereon before he receives them on the files. RULE 7. Amendments, or supplementary matters, must be connected with the libel or other pleading by appropriate references, without a recapitulation or restatement of the pleading amended or added to. RULE 8. In suits for seamen's wages, any mariner in the same voyage not made a party, may by short petition to the court in any stage of the cause previous to the final distribution of the fund in court, or discharge of the defendant and his sureties, be joined as libellant in the cause, but no costs shall be allowed for the proceedings taken to make him a party. RULE 9. The proctor in the original cause shall not, however, be compelled to proceed in behalf of such petitioning mariner, unless a reasonable indemnity is offered for such costs as may be incurred in consequence of his being joined in the cause. RULE 10. In case of salvage and other causes civil and maritime, persons entitled to participate in the recovery, but not made parties in the original libel, may upon petition be admitted to prosecute as co-libellants on such terms as the court may deem reasonable. RULE 11. Process on libels or informations may be made returnable on any day at a stated or special term, but writs for the sale of property under any order or decree of the court, and all final process, shall be returnable at a stated term, unless upon cause shown an earlier day is specially appointed by the judge. RULE 12. Tuesday of each week is appointed as a special sessions of the court, (except the stated term be then in session,) at which the same proceedings may be taken, in causes of admiralty and maritime jurisdiction, as at a stated term. RULE 13. Process to be used in commencing suits shall be a citation or monition ; an attachment in rem, united with a monition, or, by special allowance of the judge, with an attachment in personam; an attachment in personam and a writ of foreign attachment. RULE 14. Where no specific process is provided by the Rules, parties may have such process as is in use in like cases in the supreme court of the state. RULE 15. Where it is not desired to arrest a defendant, the clerk on filing a libel or information may at the instance of the actor issue a citation or monition, according to the usage in civil and admiralty proceedings. RULE 16. No process in personam for the arrest of any person, in cases of torts or unliquidated damages, shall issue, except upon the mandate of the judge. RULE 17. In cases of liquidated damages, when the certainty and amount of the demand appear upon the face of the libel, an attachment in personam may be issued by the clerk without an order. The attachment shall plainly express the cause of action and the amount of the demand, and the clerk shall endorse thereon the sum for which bail is required, not exceeding one hundred dollars above the sum sworn to be due and unpaid; but no attachment or citation shall be issued until the libellant shall have filed a stipulation for costs in the sum of one hundred dollars, (except in suits by the United States.) RULE 18. On the return of a citation or warrant by the marshal "served personally," the party shall be deemed in court, and may be proceeded against accordingly. RULE 19. When the citation or monition in suits in personam is not served personally, the libellant may at his election pursue the defendant to a decree of contumacy, in which decree may be embraced an order for the attachment of the defendant as for contempt of process; or, on verifying by oath the matters demanded by the libel, the libellant may have an attachment in personam instanter, on the return of the citation "not served." RULE 20. In the latter case all subsequent proceedings may be as if the attachment had been sued out in the first instance. RULE 21. On warrants to arrest the person in admiralty and maritime causes, the marshall may take bail in the form of a stipulation and in the sum endorsed on the warrant, conditioned for the appearance of the party on the return day to answer to the libellant in a cause civil and maritime, according to the course of the court. RULE 22. The sureties having made oath thereon to their sufficiency, and the bail stipulation being filed, it shall have the same effect in favor of the actor and against the defendant as if taken in court; and the marshal shall be deemed discharged of all personal responsibility for the appearance of the res pondent. RULE 23. In case the marshal does not file such stipulation, or the sureties, being required, refuse to justify, like proceedings may be taken to compel the marshal to bring in the party, as if no stipulation had been entered into. RULE 24. The condition of the stipulation shall be deemed satisfied if the party shall appear in person on the return day of the warrant and submit himself for commitment, or enter into the usual stipulation in the cause, according to the course of the court. RULE 25. If a party against whom a warrant of arrest issues cannot be found and return thereof be made, the plaintiff may upon the mandate of the judge have a warrant to attach the property of the defendant, and may also have inserted therein a clause of foreign attachment, according to the course of the admiralty. RULE 26. In all cases of attachment under admiralty process to compel an appearance, the attachment may be dissolved on the party's giving a stipulation with sureties, to the same effect as in cases of arrest. RULE 27. In cases of foreign attachment, if the defendant appear, the same proceedings may be had as is usual in suits in personam, and if he make default, the court will proceed ex parte, and pronounce the proper decree, unless the attachment is discharged at the instance of the garnishee. RULE 28. Process cannot issue against goods, choses in action or moneys in the hands of third persons, except by the order of the judge and upon due proof of the claim first made; and the names of such persons and also of the persons whose effects are to be attached, together with a specification of such effects, shall be expressed in the process. RULE 29. On the service of the attachment by arrest of property, the parties holding the property or funds attached, shall on the return day of such process file an affidavit containing a full and true statement of the property or funds in their hands belonging to the principal party at the time the attachment was served and at the time the deposition is made, and declare whether they have any, and if any, what claim to any and what part thereof; and shall then, on motion of the actor, pay into court such amount as they shall not claim, or as may be ordered by the court, or give stipulation, with sufficient surety to abide the further order or decree of the court in relation thereto; and on their default in this behalf a rule may be entered that an attachment issue against them unless they shall show cause in four days or on the first day the court is in session afterwards. OF THE DISTRICT COURT OF THE UNITED STATES FOR RULE 1. A libel, information, or petition, must state plainly the facts upon which RULE 2. No process shall issue until the pleading or statement in writing upon RULE 3. Libels, (except on behalf of the United States,) praying an attachment RULE 4. The oath, or affirmation, of the party himself, in all cases where one is RULE 5. Libels, informations, or petitions, praying a monition or citation only RULE 6. Libels, and other proceedings to be filed, shall be plainly and fairly en- RULE 7. Amendments, or supplementary matters, must be connected with the |