Erastus Cornelius Benedict.

The American admiralty, its jurisdiction and practice, with practical forms and directions online

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common language the only connecting link, § 32.
BUILDER,

first man who has a maritime relation to a ship, § 264.

his service is maritime, § 264.

cases holding the contrary, criticised, § 264.

may sue and be sued in personam^ and may sue in rem, § 265.

riggers, sail-makers, and ship-chandlers, in furnishing a ship, have same re*
lation to her as the builder, § 266.

form of libel by, and against, p. 511, 512, 513.



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682 INDEX.

CALENDAR,

how made up, § 598.

putting cause on instanter, D. C. Rule H, p. 450.

when cause loses priority on^ D. C. Rules £, G, p. 450.

regulations in Southern District as to, D. C. Rules C, D, F, G, H, p. 449, 45a
Eastern District as to, p. 451, 452.

exceptions to pleadings and reports need not be placed upon, D. G. Rules 42,
52, p. 437, 439.
CALLING,

tlie defendant, § 449.

the libellant, § 455.
CANALS,

are within the jurisdiction, § 221, 221 a, p. 140, note.
CANAI^BOATS,

not subject to be libelled for wages, §507.

doubted whether they are in a proper sense yessels, § 221.

are now so considered, § 221.
CAPIAS,

on informations, D. C. Rule 91, p. 447.
CAPTAIN, 264.
CARGO,

liable for freight, § 286.

sale of, § 296.

appropriation of, § 296.

form of libel for possession of, p. 515.
CASES IN COURTS,

American admiralty jurisdiction confined to, § 33.
CATALONIA,

laws of, § 187.
CAUSE OF ACTION,

statement of, § 401.
CERTIORARI, § 640 to 64:^.

motions for in Supreme Court, S. C. Rules 14, 87, p. 401, 411.
CHARLES L,

resolutions or agreement in time of, § 91 to 99.

omitted in Croke^s reports after second edition, §98.
CHARTER PARTY, §287.

no particular form necessary, § 287.

jurisdiction of, is well settled, § 287.

form of libel on, p. 542, 644, 578.
CIRCUIT COURT, § 320.

in case of disability of district judge, cases transferred to, § 321.

when disability removed,, causes remanded, §321.
CIRCUIT COURT OF APPEALS,

organization and jurisdiction, § 323 a.

its decision final in some cases, § 823 a.

may certify questions to the supreme court, § 323 a.

may issue necessary writs, and make necessary rules, § 328. *

practice in, § 612 to 637.

rules of, p. 412.



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INDEX. 683

CIRCUIT COURT OF APPEALS— conttnued.
general rules of,

appeals, Rule 14, p. 415.

assignment of errors, Rule 11, p. 414.

attorneys and counsellors, Rule 7, p. 413.

bill of exceptions. Rule 10, p. 414.

bonds. Rule 13, p. 414.

briefs. Rule 24, p. 419.

certiorari. Rule 18, p. 416.

olerk. Rule 5, p. 413.

copies of records and briefs, Rule 27, p. 420.

costs. Rule 31, p. 421.

bond for, Rule 13, p. 414.
crier. Rule 6, p. 413.

custody of prisoners on JutbeoB corpus^ Rule 33, p. 422.
death of pai-ty. Rule 10, p. 417.
diagrams. Rule 34, p. 422.
dismissing cases. Ride 20, p. 418.
docket. Rule 17, p. 416.
docketing cases. Rule 16, p. 416.
evidence. Rule 12, p. 414.
exhibits. Rule 34, p. 422.

form of printed records, arguments and briefs, Rule 26, p. 420.
habeas corpus. Rule 33, p. 422.
interest, Rule 30, p. 421.
mandate, Rule 32, p. 422.
marshal. Rule 6, p. 413.

models, diagrams and exhibits of material, Rule 34, p. 422.
motions. Rule 21, p. 418.
name. Rule 1, p. 412.
officers, Rule 6, p. 413.
objections to evidence. Rule 12, p. 414.
opinions of the court. Rule 28, p. 420.
oral arguments, Rule 25, p. 420.
parties not ready, Rule 22, p. 418.
practice. Rule 8, p. 413.
printing recoi*d8, Rule 23, p. 419.
process. Rule 0, p. 414.
quorum. Rule 4, p. 412.

record. Rule 14, p. 415.
rehearing. Rule 29, p. 421.
return. Rule 14, p. 414.
seal, Rule 2, p. 412.
supersedeas bond. Rule 13, p. 414.
terms, Rule 3, p. 412.
translations. Rule 15, p. 415.
writ of error. Rule 14, p. 415.
admiralty rules of, p. 423.

apostles on appeal. Ad. Rule 4, p. 424.
appeals, Ad. Rule 1, p. 423.



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684 INDEX.

CIRCITIT COURT OF APPEAIS— continued.

appellee must appear, Ad. Role 6, p. 425.

bond, Ad. Rule 2, p. 423.

briefs, Ad. Rule 15, p. 426.

cases to be placed on docket, Ad. Rule 14, p. 426.

certifying records, Ad. Rule 5, p. 424.

docket. Ad. Rule 14, p. 426.

extension of time. Ad. Rule 17, p. 427.

general rules which are admiralty, Ad. Rule 19, p. 427.

inhibition. Ad. Rule 12, p. 426.

mandamus^ Ad. Rule 13, p. 426.

mandates, Ad. Rule 16, p. 426.

motions. Ad. Rule 11, p. 425.

new allegations. Ad. Rule 7, p. 425.

new pleadings. Ad. Rules 1, 8, p. 423, 425.

new testimony. Ad. Rule 8, p. 425.

how taken, Ad. Rule 9, p. 425.

notice of appeal. Ad. Rule 2, p. 423.

printing new pleadings and testimony. Ad. Rules 8, 10, p. 425.

review in part only. Ad. Rule 3, p. 424.

rules of district coui-ts to apply. Ad. Rule 18, p. 427.

time. Ad. Rule 17, p. 427.

writ of inhibiUon, Ad. Rule 12, p. 426.
CITATION,

to commence suit, D. 0. Rules 9, 67, 74, p. 430, 442, 444.
form of, § 420, p. 581, 583, 585.
on appeal to circuit court of appeals, § 630.
form of, p. 632.
CIVIL LAW, § 5.

practice, § 351, 352.
CLAIM, § 461 to 465.

no particular form of, necessary, § 461.

must be sworn to — may be put in before return of process, % 462.
form of, § 462.

how verified. Ad. Rule 26, p. 386.

when put in, stipulation for costs and expenses to be filed, Ad. Rule 26, p. 38&
may be excepted to, § 462.
separate claimants put in separate, § 463.
who may claim, § 463.

consuls, public officers, underwriters, § 463.
must be separate, to separate libels, § 464.
is no defence, § 465.
exception to, 462.

form of, § 462, p. 485, 488, 505, 507, 508, 509, 594, 595, 653, 654.
CLAIMANT,

proof of interest by, D. C. Rule 39, p. 437.
when perishable property delivered to. Ad. Rule 10, p. 383.
when ship delivered to, Ad. Rule 11, p. 383.
Vide Parties.
CLASSES OF POWERS IN THE CONSTITUTION, § 27. .



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INDBX. 685

CLASSES OF CASES GRANTED TO THE U. S. JUDICIARY, § 16, 36, 36, 199,

200,201.
CLERK,

appointed by the court, § 331.
oath of, § 331.
bond of, § 331.

duties and powers of, § 332, 590.
fees of, p. 474.

of the district coni*t, may make rules, orders, etc., in case of disability of
the judge, § 321.
form of order of circuit judge, in such case, J 322.
duties of, § 332.
may be attached, § 332.
should keep an admiralty register, § 333.
to make up the record on appeals. Ad. Rule 52, p. 391.
deputy, duties of, D. C. Rule 64, p. 441.
COASTERS,

are ships, § 220.
CODES MARITIME,

of continental Europe, § 44, 172, 177, 178.
Rhodes, § 179.
Jerusalem, § 180.
Oleron, § 181.
Dam, Westcapelle, § 182.
Amsterdam, Enchuysen, and Stavem, § 182.
Low Countries, § 182.
Wisbuy, § 183. r

Consulat de la Mer, § 184.
Guidon de la Mer, § 185.
of the Hanse towns, § 186.
Norway — Two Sicilies — Iceland — Denmark — Lubec, Pisa, and Florence-
Prussian States — Venice and Austrian-Catalonia — Arragon, Valence, and
Majorca — Sweden — Hamburg — Russia — Bremen — Papal States — Gtonoa
—Sardinia, § 187.
commentators on, and elementary writers, § 210.
commentators on, do not adopt English rule of jurisdiction, § 211.

treat of all cases of ships, shipping, and maritime com-
merce, § 211.
COKE, SIR EDWARD,

led the attack on the admiralty, § 6, 74.
unscrupulous and tyrannical, § 6, 81, 108.
triumphed over the admiralty, § 81.
CO-LIBELLANTS, §384, 386.

seamen may join as, D. C. Rule 4, p. 428.
COLLECTOR,

goods in custody of, how attached, § 440, D. C. Rule 14, p. 481.
COLLISION, § 111, 312.

parties in suits for damage by, § 391, Ad Rule 15, p. 384.
bringing in other vessels, §4826, Ad. Rule 59, p. 394.
form of libel for, p. 562.



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686 INDEX.

COLONIES,

British, § 45, 109.

admiralty jurisdiction in, § 118 to 165.
COLONIAL COURTS, § 19, 118, 151 to 164.

created by royal commission, § 118, 121, 122.
COMMENCEMENT OF SUITS, § 413.
COMMENTATORS,

on maritime law, § 210.
COMMERCE, § 1, 28, 29.
power to regulate, § 207.
wisdom of the provision, § 208.
of the lakes and Hvers, § 242, 243, 244, 245, 245 a.
COMMERCIAL CAUSES, § 1.
COMMISSION,

of the admiral, § 48, 49, 50, 113.
colonial commissions, § 49, 109, 118, 161.
of the governor, § 120 to 123.

vice-admii-al, § 123 to 141.
admiralty, to officers of state, § 143 to 149.

of judge of the colonial court of admiralty, § 151 to 160, p. 84, note,
their general extent, § 161 to 165.
subject-matter of, § 161.
Jurisdiction confeiTed by, as to place, § 162.

as to persons, § 163.
tliis jurisdiction was exercised, § 164.
to colonial judges and vice-admirals, § 124, 150.
show the source and extent of the jurisdiction in the colonies, § 161.
embrace the largest jurisdiction, including the cases denied to the English

admiralty, § 101, 162, 163.
jurisdiction conferred by, active, not dormant, § 164.
of the king, runs through his whole dominions, § 118.
dedimus poteatatem, §531, 532, D. C. Rules 47, 48, 49, p. 438, 439.
never issues to an enemy^s country, in prize cases, § 531.
mode of issuing regulated by tlie court, § 531.
how executed, § 532.
form of, p. 496.
to take answer to interrogatories, when awarded. Ad. Rule 33, p. 387.
8ub mutuce viciasitudinis, or letters rogatory, § 533.
form of, p. 624. •
COMMISSIONERS,

powers and duties of, § 338, 339, Ad. Rules 5, 35, p. 382, 388.

matters may be referred to them, § .339, Ad. Rule 44, p. 389.

powers of, in references, Ad. Rule 44, p. 389.

have powers of master in chancery, § 339, Ad. Rule 44, p. 389.

have powers of magistrates, § 338.

have same powers conferred upon notaries public, § 338.

fees of, p. 477.

on references, D. C. Rule 51, p. 439.
€OMMON LAW,

suits at, § 193, 195 to 203.



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INDEX. 687

COMMON LAW COURTS,

strife between, and the admiralty, § 6, 74 to 110.

jealousy and selfishness, § 74, 82, 91.

maritime cases in, § 205.
COMPLAINTS,

of the colonists, referred to the land and revenue cases, which were tried in
the admiralty, not to maritime cases, § 165.
CONFEDERATION,

articles of, § 25, 31.
CONSENT,

no decree to be entered upon, without publication made, D. C. Rule 88, p. 486.

to stipulate, form of, p. 598.
CONSIGNEE,

claim, how verified by, Ad. Rule 26, p. 886.
CONSOLIDATION,

of suits, how made, §552, D. C. Rule 4, p. 429.
CONSORTgHIP, §298.
CONSTITUTION, § 19, 20.

discussed and adopted as it is, § 20.

the result of compromises, § 20.

consists mainly of grants, § 28.

not a code, § 22.

took from the states all powers of national sovereignty, § 25.

conveys elemental powers, § 26.

for expressed purposes, § 27.

classes of powers conferred by, § 27.

grants of, to the government of the U. S., not to courts, §28.

not made after any previous pattern or standard, § 30.

all its words significant, § 21, 87, 38, 165.

grant in, of admiralty and maritime jurisdiction, how to be interpreted,
§ 188, 261.
CONSTITUTIONAL CONSTRUCTION, § 19, 20 to 38.
CONSULAT DE LA MER— CONSULATE OF THE SEA, § 184.
CONSUL,

may claim for persons of his own nation, §463.
CONTINENTAL EUROPE,

marine laws and ordinances of, § 172. Vide Coues Maritime.

admiralty juiisdiction in, § 172 to 188.
CONTINUANCE.

in summary proceedings, costs on obtaining, D. C. Rule 68, p. 442.
CONTRACTS, .

jurisdiction of, depends on subject-matter, not on locality, § 256.

what are maritime, § 212, 213, 214 a, 268, 313.

distinction between, and agi-eements not maiitime, §212, 214 a.

what are not maiitime, § 214 a 265 a, 268.
CONTRIBUTION,

average, § 205, and note.
CONTUMACY AND DEFAULT, §449.

D. C. Rule 33, p. 435.

Vide Default.



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688 INDEX.

COPIES OP PLEADINGS,

when to be furnished to opposite party, §488.
COSTS AND FEES, § 355, 508, 550 to 553.

power to regulate, conferred on supreme court, § 356.

this power, perhaps, subsequently taken away, § 356.

no legal tariff of, before act of Feb. 26, 1853, §508.

fee-biU, §508, p. 481.

stipulations for, §413, 414, 460, D. C. Rule 17, 44, 45, p. 432, 437, 438.

when the court may compel defendant to give stipulation for. Ad. Rule 25,

p. 386.
stipulation for, to be filed when claim is put in. Ad. Rule 26, p. 386.
when defendant may be ordered to pay. Ad. Rule 28, p. 386.
intervenor to give stipulation for Ad. Rule 34, p. 388.
under act for reduction of costs and expenses of proceedings ags^nst ships

and vessels, § 499, 500.
entirely in discretion of the court, § 550, 551.
vary according to equity and circumstances, § .550, 552.
never decreed against the goveiiiment, § 550.
none on dismissal for want of jurisdiction, § 550.
may be thrown on the proctor, or advocate, § 552.
refusal of a fair tender exposes a party to loss of, § 552 d.
may be apportioned, § 552 6, 553.
in limitation of liability proceedings, § 583.
on appeal, §552 c, 635.
how taxed, § 553.

taxed bill of, to be filed, § 553, D. C. Rule 56, p. 440.
of officers of court, when to be paid into court, D. 0. Rules 20, 36, 38,

p. 433, 434, 436.
of appraisers, D. C. Rule 30, p. 435.
when not allowed, D. C. Rule 41, p. 437.
in summary proceedings, D. G. Rule 68, p. 442.
of commissioners on references, D. C. Rule 55, p. 440.
of attorneys, solicitors, and proctors, p. 474.
clerks, p. 474.
marshals, p. 475.

commissioners, p. 477, D. C. Rule 55, p. 440.
witnesses, p. 477.

printei-s, p. 478. •

form of stipulation for, § 414, p. 482, 487, 587, 588.
COUNSEL,

fees of, allowed, §552, 616.
COUNTY, § 71.
COURTS,

having jurisdiction, have power to that extent, § 17, 204.

jurisdiction to commence, gives jurisdiction to finish, § 17, 204, 318.

vaiious kinds of, §29, 42, 315.

jurisdiction and course of procedure of, different, § 197.

jurisdiction depends on constitution^oui*se of procedure on statut6,§ 197,

203, 204.
same court, acts as a court of law, equity, and admiralty, § 327.



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INDEX. 689

COURTS— continued.

of the U. S. have all necessary powers, § 328.

are prize, instance, and criminal courts, § 880.
are of limited jurisdiction, § 15, 408.
the organization of, § 314 to 345.
of the territories, admiralty jurisdiction of, S 815 a.
Vide DisTBioT Coubt— Cibcuit Coubt of Appsals— Supbemb Court.
CRIMES, § 600 to 603, 606.

district courts have jurisdiction of, § 600.
practice on, same as in common-law courts, § 602.
no criminal proceedings in reniy § 360.
commissioners have power to commit for, § 608.
limitations, §600, 606.
CRIMINAL COURTS, §380.
CROKE'S REPORTS,

mutilated, § 98.
CROSS-LEBEL,

respondents in, to give security for damages when, § 465 a. Ad. Rule 58,

p. 392.
till security given, proceedings on original libel to be stayed, Ad. Rule 53,
p. 392.
CURRENTS,

do not affect the jurisdiction, § 288, 289, 240.
CUSTODY FEE,

allowed the marshal, p. 476.

DAMAGE,

on the high seas, § 808 to 312, 396.

to the person, § 809.

admiralty will not entertain suits for nominal, for personal torts, § 309.

to ship, §810,811,812.

to goods, §810, 311.
DEATH OF A PARTY,

does not abate suit, if cause of action survive, § 484.

proceedings on^ D. C. Rule 6, p. 429.

suit proceeds in name of the executor, § 484, 485.

in circuit court of appeals, representatives may come in, or death may be
suggested on the record, C. C. A. Rule 19, p. 417.
DEBT,

imprisonment for, abolished, §424, Ad. Rule 47, p. 390.
DECREE, §541 to 549.

binds all parties, § 864, 865.

varies according to cose, § 541.

interlocutory or final, § 542.

form of, when against libellant, § 548.

when in favor of libellant, § 548, 547.

by default may be rescinded, Ad. Rule 40, p. 889.

court decides the principles and refers details, §548.

reference on, § 544 to 546.
44



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690 INDEX.

DECREE— conimiicd.

against stipulators, § 547, D. C. Rule 57, p. 440.

interest on, D. C. Rule 58, p. 440.
process to execute, D. C. Rule 57, p. 440.
on report, D. C. Rule 53, p. 439.
when final, §616, D. C. Rule 61, p. 441.

to be executed, D. C. Rule 62, p. 441.
not to be entered by default, or consent, unless publication has been duly

made, D. C. Rule 33, p. 435.
enrolment of, § 549.
in cases of set-off, § 465,

in a suit in reniy may be a decree in personam^ § 547,
inperaonam^ when a lien on debtor*s real estate, § 547.
correcting or varying decree, § 548.
appeal to circuit court of appeals from final only, § 616.
form of caption of, p. 598.

of condemnation by default, with reference to a com-
missioner, p. 598.
the like on the merits, after hearing, p. 599.
in a cause of damage, p. 599.
of confirmation of report of a commissioner, and final de-
cree, with judgment against the bail, p. 599.
final, for a sum certain, with costs, p. 600.
on the merits, with reference, p. 600.
dismissing a libel of information, p. 511.
of forfeiture, on a libel of information, p. 600.
on petition for remnants and surplus, p. 621.
for the defendant, in a possessory or petitory suit,

p. 600.
on a peremptory exception to the libel, p. 001.
against two vessels, p. 601, 602.
in limitation of liability, p. 666, 669.
overruling exceptions to an answer, p. 604.
interlocutory, against two vessels, p. 601.
settling prionty in the distribution of proceeds in court,

p. 604.
for a libellant on a charter-party, p. 605.
on a special motion, dismissing libel, when process had im-
properly issued, p. 605.
for wages, and short allowance for part of the voyage, and
forfeiture of residue, p. 605.
DEDIMUS POTEST ATEM, § 531, 532, p. 496.
DEFAULT, § 449, 4>0.

of defendant, § 449, to 452a.

of libellant, § 455, Ad. Rule 39, p. 389.

in personam^ § 449.

in rem, § 452.

in seizure cases, § 454.

how taken. Ad. Rule 29, p. 387.

may be set aside, § 450, 451, 455, Ad. Rule 29, p. 387.



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INDEX. 691

D'EFAVLT— continued,

decree by, D. C. Rule 83, 44, p. 435, 437.

may be rescinded, Ad. Rule 40, p. 389.
of defendant, when property is attached, § 459.
of garnishee, § 459.
of one of several defendants, does not prejudice those who have appeared,

§452 a.
on call of calendar in Eastern District of X. T. Rule C. p. 451.
no decree to be entered by, unless publication has been duly made, D. C.

Rule, 33, p. 4:^.
form of decree by, § 449, p. 598.
DEFENCE,

must be set up in answer, or allegations, § 465.
none heard, which is not spread before the court, § 465.
different, may be set up in same pleading, § 482.
DEFENDANT, § 363. ,

who may be made, § 387.
default by one of several, does not prejudice those who have appeared,

§452 a.
appearance of, § 456.

may be compelled to make further answer, when. Ad. Rule 30, p. 387.
exception may be taken pro confeaso against, when. Ad. Rule 30, p. 387.
what he may object to answer, § 476, Ad. Rule 31, p. 387.
when may be ordered to pay costs. Ad. Rule 28, p. 386.
bringing in others, § 482 b.
Vide Libel — Parties.
DELIVERY OF PROPERTY, § 444 to 448, D. C. Rules 17, 20, 84, p. 432, 433, 446.
in seizure cases, § 445, 446.
in possessory suits, D. C. Rule 18, p. 432.
object of, to save expense, § 447.

application for, cannot be made, except by a pai*ty, § 448.
DEMURRAGE, § 297.

form of libel for, p. 550, 551.
DENMARK.

laws of, § 187.
DEPOSIT,

of money, as security, § 491.
DEPOSITIONS,

de bene esse, § 520 to 630.

no presumptions in their favor, § 520, 528.
authority to take, limited, § 520.
prima facie evidence of what, § 528.
taken before what officei*s, § 522.
how taken, § 523 to 530.
notice of taking, § 524, 529.

how served, § 524.
mode of taking, § 525.
how sent, § 525.
how opened, § 525.



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692 INDBX.

DEPOSITIONS— continued.

exceptions to, § 526,

if known, should be made at time of taking, $ 528
taken during session of the court, inadmissible, § 520.
effect of taking without notice, § 529.
cannot be read, without showing reason for taking, § 530.
act regulating, p. 479.

form of proceedings, on taking, p. 492 to 496.
objections to, when deemed waived, § 526.
taken on commission, form of, p. 496 to 498,
DEPUTY MARSHALS, §341, 342.
DETENTION,

form of libel for, p. 550, 551.
DISBURSEMENTS,

vouchers for, D. C. Rule 56, p. 440.
DISTRIBUTION,

of proceeds, § 591.
DISTRICT ATTORNEY, § 337.
DISTRICT COURT,

organization and jurisdiction of, § 313, 316 to 319.

has cognizance of all cases of admiralty and maritime jurisdiction, S 7* 313,

317.
judge of, must reside in the district, § 318.
terms of, stated and special, § 318.
aims to administer justice speedily, § 318.
always open, § 318.
in case of inability of judge, marshal may adjourn, § 319.

death of judge, all cases continued, § 319.
disability of judge, §319, 321, 322.
judge interested, § 323.
practice of, § 372 to 606.
regulates its practice, in cases not provided for by tlie admiralty rules of

the supreme court. Ad. Rule 46, p. 390.
appeal from, § 607 to 639.

must be made when. Ad. Rule 45, p. 390.

record on, to be made up by clerk-— contents of, Ad. Rule 52, p. 391;

C. C. A. Ad. Rule 4, p. 424.
after, court can make no order, § 618, 619.
may be prohibited, § 637.
when circuit court of appeals will issue inhibition to, § 619, C. C. A. Ad. Rule

12, p. 426.
mode of appealing, § 621.

enrolled decree of, remains, and is binding till reversed, § 618. '
rules of, to regulate practice of circuit court of appeals, in cases not pro-
vided for by rules of that court, C. C. A. Ad. Rule 18, p. 427.
rules of— southern and eastern districts.
actions, when to be tried together. Rule 5, p. 429.
acknowledgment of satisfaction of judgment, Rules 63, 65, p. 441, 442.
account of money in court. Rule 70, p. 443.



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INDEX. 693

DISTRICT COURT— coniiiiMcd,

admiralty causes, when heard, Rule B, p. 449, 451.

calendar, when made up, Rule C, p. 449, 461.
admission of attorney. Rule 60, p. 442.
affidavit of garnishee, what to contain. Rule 12, p. 430.

on motion for commission, Rules 47, 48, p. 438.
agent, notice to owner or. Rule 14, p. 431.
agreed value, stipulation for. Rule 17, p. 432.
allocatur of judge, when required, Rules 2, 68, p. 428, 442.
allegation, exceptive, hearing and discharge on. Rule 40, p. 437.
allowing assessment of damages. Rule 37, p. 436.
amendments, how connected with pleading. Rule 3, p. 428.
to lihel. Rule 42, p. 437.
on exceptions allowed. Rule 44, p. 437.
to informations, Rule 83, p. 446.
answer, how verified. Rule 1, p. 428.

stipulation for costs with. Rule 7, p. 429.
costs for separate, when disallowed. Rule 41, p. 437.
by party having no interest. Rule 40, p. 437.
exception to, when taken. Rule 4^, p. 437.
when to state, etc., as cross-libel, Rule 46, p. 438.
in possessory action, Rule 11, p. 430.
answers to interrogatories, exception to. Rule 45, p. 437.
appeal from final decree. Rule 61, p. 441.

time to enter. Rule 62, p. 441.
appearance, how compelled on information filed, Rules 80, 85, p. 445, 446.

stipulation for costs with. Rule 7, p. 429.
appraisement in petitory suit, Rule 18, p. 432.

of property under arrest, Rules 26, 27, 28, 29, p. 434, 435.
in limitation of Uability, Rule 75, p. 444.
appraisers, compensation of. Rule 30, p. 435.
arrest, of person on special order in admiralty. Rule 9, p. 430.
of property. Rule, 9, p. 4S0.
mandate to vacate, in admii*alty, Rule 19, p. 433.
notice of, to be published, Rule 32, p. 435.
on forfeiture of recognizance, Rule 91, p. 447.
on indictment or information. Rules 81, 91, p. 445, 447.
arrangement of Rules, not to prevent governing practice, Rule 98, p. 448.
assessment of damages, ofifer to allow. Rule 37, p. 436.
attachment, in commencing suits, Rule 9, p. 430.-

service of on garnishee. Rule 13, p. 431.

in peraonam, with monition. Rule 9, p. 430.

foreign, clause of, Rule 9, p. 430.

of goods in custody of collector, Rule 14, p. 431.

mandate to vacate. Rule 19, p. 433.

in summary proceedings, Rule 67, p. 442.

on proceedings for forfeiture. Rule 80, p. 445.

in common law. Rule 90, p. 447.

under indictment, Rule 91, p. 447.



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694 INDEX.

DISTRICT COlTRT-^ontinued,

attorney, how admitted, Rule 06, p. 442.

not to be surety, Rule 96, p. 448.
bail, on warrant to arrest, Rules 81, 87, p. 445, 446.
special, when put in, Rule 95, p. 448.
may surrender principal. Rule 05, p. 448.
when mandate of judge required, Rule 81, p. 445.
marshal and deputies not to be surety. Rule 96, p. 448.



Online LibraryErastus Cornelius BenedictThe American admiralty, its jurisdiction and practice, with practical forms and directions → online text (page 75 of 80)