Counsellors, who admitted

Defendant in personam, when discharged pendente lite

Default, decree upon

Costs of answer, when not taxable,

of officers of court, when to be paid into court

of disinterested party required to answer

to be paid under order of court to be taxed and filed
by whom to be taxed

Rule

79,90

66,69

80

159

160, 161

164

81

35

Demurrer, when general issue may be used instead of

Depositions in perpetuam rei memoriam, before whom and how taken
Exceptions, when unnecessary

when not allowed

84

119

76

91

when to be filed, and proceedings thereon
to answers to interrogatories by parties

94, 95, 96, 97, 98

101

General issue, how formed by a claim

82

when in rem and personam

how formed by an answer.

when may be joined, in place of a demurrer
proceedings on, formed in open court on return of

Guardian ad litem

process

In forma pauperis, suits

Indigent suitors, bail stipulations to be mitigated for
Informations, how to be drawn

when not to be sworn to

5

what process to be issued on

how reformed or amended

practice in, in common law and admiralty cases
when mandate of judge required on, for bail

Interest to be paid in certain cases

Interlocutory orders, when to become absolute

Interrogatories to parties

Judgments, by whom to be signed

in favor of United States, how satisfied of record

Justification of sureties to stipulations,

Libels, how to be drawn,

Marshal, proceedings against when bail is not perfected

how compelled to return process

how to dispose of money in his hands.

his fees regulated

Note of issue, contents of, and when to be filed

Notice, of application to bond property

of application to appraise property

of arrest of property

6

136

157

23

32

158

49, 50, 51, 52, 53

122

41

60,61

46,172

of motion to dismiss libel

47.48

of hearing, when not necessary

137

of trial, &c., for what time given
when to be served

85

120

121

Notice of hearing, when may be given by respondent in lieu of replication, when may be given

of filing claim or answer

Party claimant, who entitled to appear as

Parties to suit, proceedings to make new
Paying money into court

Perishable articles, how sold

Petitory suits, regulated in certain cases

Petitions, how to be drawn

Petitions, when need not be sworn to

to be made co-libellants

Pleadings, to be filed without leave of the court
Pleas, special, when not necessary

in information, when filed, form and kinds of Process, against goods in the hands of third persons

36

54

59

146, 147

142

164

amount of bail to be taken upon

when to have mandate of the judge

returnable when court is not in session

when to issue without mandate of the judge

when libellant to show cause why it should not be vacated

amount to be attached under, how limited

35 69, 70

156

88

157

163

Sessions, special, when held, and for trial of what causes 12, 138, 139, 140

to marshal, when deemed satisfied

before whom taken

motion to increase the amount of, or for better sureties,

Stipulations, by whom to be executed

Summary proceedings regulated

Supplementary matters, how connected with original pleading

Tender

Verification of pleadings, when required

Rule

59

165, 179

7

72, 73

3

by whom

when not required

4,93

Viva voce testimony, how taken

124, 125

notes of, how to be corrected

126, 127

Commissioners to examine witnesses in preparatorio, their commission

to see that the prize vessel is safely moored
to see if bulk has been broken, and when
to see if boxes, &c. have been opened, and if proper-
ty has been taken

not to leave the property until it is secured and sealed
seals not to be removed without order of court
to take account of property, and how to secure it
duties, when no notice is given by captors
who may act as

may not act as proctor, counsellor, or advocate,
of appraisement and sale, their duties

Contumacy, decree of, when and how may be obtained
Damages, how and by whom assessed

Decree of contumacy, when and how may be obtained
when may be executed after appeal

Deposition, as to papers to be taken by commissioners how to be disposed of

form of, by the witness in preparatorio

Examination of witnesses, how to be conducted

who may attend

when closed

Expenses, questions concerning, when to be determined
Freight, questions concerning, when to be determined
Invocation of papers, &c., from one vessel to another
Libel, for restitution, when may be filed

by captors, when to be filed and proceedings thereon
contents of, and when may be amended

on capture by public armed vessel of the United States

Money in court, how to be disposed of

report of.

Motions for commissions, or decrees of appraisement or sale
Notice of arrival of prize

Oath, to be administered to witnesses

45

51

49, 50 27

42

1

3

4

5

5

6

7

21

21

Oath, to be administered to interpreter

Papers, &c., when to be delivered to the commissioners

to be marked

how to be disposed of

proceedings when captors refuse or neglect to give up
invocation of, from one vessel to another

Perishable property, how disposed of

Process

Proofs, additional, when not allowed

Property in custody not to be delivered except by order of court

on appeals

Witnesses, when to be produced before commissioners

how examination of, to be conducted

NOTE.-The foregoing Rules of the District Court for the Southern District of New York, were adopted in 1838. A very large portion of them must therefore be considered as superseded by the General Admiralty Rules of the Supreme Court, (ante, pp. 339 to 348,) which in all cases of conflict are the paramount Rules. In the absence of any authorized revision, it was necessary to insert the whole.

51

CIRCUIT COURT.

NEW YORK SOUTHERN DISTRICT.

ON APPEALS.

RULE 116.

An appeal can be taken from no other than final decrees.

RULE 117.

A decree shall be deemed final when in a state for execution without further action of the court below.

RULE 118.

Every appeal to the Circuit Court, in a cause of admiralty and maritime jurisdiction, shall be in writing, signed by the party, or his proctor, and delivered to the clerk of the District Court, from the deeree of which the appeal shall be made and it shall be returned to the court, with the necessary documents and proceeedings, within twenty days, and by the first day of the term next after the delivery thereof to the clerk, unless a longer time is allowed by the judge.

RULE 119.

The appeal shall briefly state the prayers, or allegations, of the parties to the suit, in the District Court, in the proceedings in that court, and the decree, with the time of rendering the same. It shall also state whether it is intended, on the appeal, to make new allegations, to pray different relief, or to seek a new decision on the facts, and the appellants shall be concluded in this behalf, by the appeal filed.

RULE 120.

A copy of the appeal shall, at the same time, be served on the proctor of the appellees, in the court below. And an affidavit, of the due service of such copy, shall be filed with the appeal. And no process, or order, shall be necessary to bring the appellees into this court.

RULE 121.

If in the appeal, it shall not be intended to make new allegations, to pray different relief, nor to seek a new decision of the facts, then the pleadings, evidence, and decree, in the District Court, with the stipulations in the cause, and the clerk's account of the funds in court, in the cause, if any, shall be certified to this court with the appeal. But in all cases the statement of facts agreed between the parties, or settled by the judge of the District