Erastus Cornelius Benedict.

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

. (page 76 of 80)
Online LibraryErastus Cornelius BenedictThe American admiralty, its jurisdiction and practice, with practical forms and directions → online text (page 76 of 80)
Font size
QR-code for this ebook


bench warrant, on indictment. Rule 91, p. 447.
bond, under the act (Rev. Stat § 941), Rules 17, 20, p. 432, 433.

for safe return, in possessory action. Rule 18, p. 432.
bringing in new parties. Rule 6, p. 429.
calendar rules of eastern district, A to F, 451, 452.
hearing when none made up, B, p. 451.
of admiralty causes when made up, C, p. 451.
when called and re-numbered, C, p. 451.
when cause may be omitted from, D, p. 452.
setting down cases on call of, £, p. 452.
preferred cases on when called, £, p. 452.
calendar rules of southern district, A to I, p. 449, 450.
day of return of process, A, p. 449.
argument of exceptions. A, p. 449.
motion day, B, p. 449.
notice of trial, B, p. 449.
notes of issue, C, p. 449.
causes reserved generally, D, p. 449.
preferred causes, E, p. 450.
calendars, C, F, p. 449, 450.
set down causes, G, p. 450.
if answer filed on return of process cause placed on calendar in-

stanter, H, p. 450.
summary causes, I, p. 450.
capian in proceedings in personam. Rule 80, p. 445.

on information or indictment. Rule 91, p. 447.
citation, in summary proceedings. Rule 67, p. 442.

on petition to limit liability, Rule 74, p. 444.
to garnishee. Rule 9, p. 430.
claimant, proof of interest by. Rule 39, p. 437.
claim, how interposed on information. Rule 85, p. 446.

how proved, on limitation of liability, Rule 78, p. 445.
stipulation for costs with, Rule 7, p. 429.
clause of foreign attachment in process, Rule 9, p. 430.
clerk, to issue process. Rules 9, 80, p. 430, 445.

to file papers on allocatur of judge. Rule 2, p. 428.
when to enter orders of course. Rule 16, p. 432.
to keep account of money in court. Rule 70, p. 443.
duties of, Rule 63, p. 443.
collector, goods in custody of, how attached. Rule 14, p. 431.
co-libellants, who to be made. Rule 4, p. 428.



Digitized by



Google



INDEX. 695

DISTRICT COVRT— continued.

commission to take testimony, Rule 47, p. 438.

when not to stay proceeding's, Rule 48, p. 438.
what to contain. Rules 47, 49, p. 438.
commissions of marshal on sales, Rules 71, 72, p. 443.
commissioner, to file report and give notice. Rule 51, p. 430.
fees of, who liable. Rule 51, p. 439.
report of, how confirmed. Rule 53, p. 439.
report of, when no proceedings on. Rule 54, p. 440.
compensation of, Rule 55, p. 440.
to certify demand of wages. Rule 68, p. 442.
common law, process in, how served, Rule 89, p. 447.
compulsory, when trial made. Rule 5, p. 429.
condemnation and sale after publication. Rule 33, p. 435.

notice of sale after, Rule 35, p. 436.
conflicting provisions of rules, how restricted. Rule 98, p. 448.
consolidation of suits, Rule 4, p. 428.
consent to allow judgment. Rule 36, p. 436.

to assessment of damages. Rule 37, p. 436.
costs and chai*ges, when paid into court. Rules 20, 36, 38, p. 433, 436.
stipulation for. Rule 7, p. 429.
unnecessary disallowed. Rule 41, p. 437.
to be taxed and filed. Rule 56, p. 440.
appeal from taxation of, Rule 56, p. 440.
none on summons for wages. Rule 68, p. 442.
cross interrogatories in commission. Rule 49, p. 438.
cross-libel, when answer to state, etc., as. Rule 46, p. 438.
demand of wages, when to be certified. Rule 68, p. 442.
decree or order, when final. Rule 61, p. 441.

on surrender of vessel. Rule 74, p. 444.
depositions taken out of court to be filed. Rule 50, p. 439.
to be opened on notice, Rule 50, p. 439.
objections to, in writing. Rule 50, p. 439.
affidavits for commission to be read as. Rule 48, p. 435.
death of party, proceedings on. Rule 6, p. 429.
delivery of property seized upon information. Rule 84, p. 441.
default of garnishee. Rule 12, p. 430.

in admiralty cases, when entered, Rule C, p. 451.
of prosecution, dismissal for. Rule 54, p. 440.
deputy clerk, duties of. Rule 64, p. 441.
district attorney, may sue out warrant. Rule 91, p. 447.

may sue out execution. Rule 92, p. 447.
disclaimer or exceptive allegation. Rule 40, p. 437.
disbursements, vouchers for. Rule 56, p. 440.
exceptions, to libel, when heard. Rule 42, p. 437.

to answer, what to specify. Rule 43, p. 437.
when submitted to. Rule 42, p. 437.
to report of commissioner. Rules 52, 53, p. 439.
when heard, Rules A & F, p. 449, 452.



Digitized by



Google



696 INDEX.

DISTRICT COURT— continued.

execution against stipulators, Rule 57, p. 440.

for fine, Rule 92, p. 447.
fieri facias, writ of, Rule 10, p. 480.
final decree or order, Rule 61, p. 441.
final process for sale of property, Rule 10, p. 430.
fine, when may be remitted. Rule 92, p. 447.

to be paid into court, Rule 93, p. 447.
fees of appraisers. Rule 30, p. 435.

commissioner, who liable for. Rule 51, p. 439.
marshal, taxation of, Rule 59, p. 441.
appeal from taxation of, Rule 56, p. 440.
forfeiture and fine, proceedings for joined. Rule 79, p. 445.
garnishee, service of attachment on. Rule 13, p. 431.

to make statement under oath. Rule 12, p. 480.
general issue, on information filed. Rule 86, p. 446.
general return day. Rule A, p. 449.
guardian ad Utem, Rule 69, p. 443.
hearing when res in custody. Rule 33, p. 435.
on disclaimer, Rule 40, p. 437.
admiralty cases set down for, Rule £, p. 452.
in proceedings under Rule 67, Rule F, p. 452.
indictment, bench warrant upon. Rule 91, p. 447.
information, proceedings upon. Rules 79 to 87, p. 445, 446.
capias upon, Rule 80, p. 445.
mandate for arrest upon. Rule 81, p. 445.
how amended. Rule 83, p. 446.
delivery of property seized under. Rule 84, p. 446.
general issue on, Rule 86, p. 446.
bail on arrest under. Rule 87, p. 446.
infant to appear by guardian, Rule 69, p. 443.
in forma pauperis, allowance of suit how made. Rule 8, p. 429.
interest, when stopped on claim. Rule 38, p. 436.
intervener, to give stipulation, Rule 7, p. 429.
interlocutory decree, sale under, Rule 33, p. 435.
interrogatories, settlement of. Rule 49, p. 438.
issue under petition to limit liability, when heard. Rule 77, p 444.
joining of proceedings in rem and personam. Rule 79, p. 445.
joined or consolidated, when suits may be, Rule 4, p. 428.
judgment, clerk to sign, Rule 63, p. 441.

satisfaction of, Rules 58, 63, 65, p. 440, 441, 442.
jurisdiction, exception for want of. Rule 42, p. 437.
justification of sureties on stipulations. Rules 21, 22, p. 433.
liens to be stated in petition to limit liability, Rules 73, 74, p. 443, 444.
libel, how verified. Rule 1, p. 428.
amendments to. Rule 3, p. 428.
not filed without stipulation. Rule 7, p. 429.
notice of filing of, when in forma pauperis. Rule 8, p. 429.
when dismissed for want of prosecution. Rule 54, p. 440.
filed after sale, recovery limited to surplus. Rule 60, p. 441.



Digitized by



Google



INDEX. 697

DISTRICT COURT— corainucd.

limitation of Uability, pracUoe, Rules 73 to 78, p. 448, 445.
petition for, what to state. Rule 73, p. 443.
petition, on surrender of vessel. Rule 74, p. 444.
on appraisement, Rule 75, p. 444.
stipulation for value. Rule 76, p. 444.
issue under, when heard. Rule 77, p. 444.
proof of claims how made, Rule 78, p. 445.
list of claims proved to be filed. Rule 78, p. 445.
marshal, to return process. Rule 15, p. 431.

property in custody of, when released. Rule 20, p. 433.
to pay money into court, Rule 59, p. 441.
bill of charges when taxed and paid, Rule 59, p. 441.
commissions of, how computed, Rules 71, 72, p. 443.
and deputies not to be surety. Rule 96, p. 448.
money tendered, to be paid into court. Rule 36, p. 436.

in hands of marshal to be paid into court. Rule 59, p. 441.
in court when paid to libellant. Rule 38, p. 436.
when paid to collector. Rule 94, p. 447.
monition. Rules 9, 11, 13, 14, 15, 67, 74, 80, p. 430, 431, 442, 444, 445.
motions for greater or better security. Rule 23, p. 434.

when to be heard, Rule F. p. 452.
new parties, how brought in. Rule 6, p. 429.
note of issue in admiralty not required. Rule C, p. 451.
notice by publication when not required. Rule 11, p. 430.

to owner, agent or custodian, in seizure cases. Rule 14, p. 431.
of justification of sureties. Rule 22, p. 433.
of motion for better security. Rule 23, p. 434.
of appraisement on seizure by U. S., Rule 26, p. 434.
of appointment of appraisers. Rule 29, p. 435.
of arrest of property, how published. Rule 32, p. 435.
to owner, agent or master of vessel. Rule 34, p. 435.
of sale after condemnation, Rule 35, p. 436.
of motion to withdraw amount of tender. Rule 38, p. 436.
of hearing of exceptive allegation. Rule 40, p. 437.
of hearing on exception to libel or answer, Rule 42, p. 437.
of submitting to exceptions. Rule 44, p. 437.
of settlement of interrogatories. Rule 49, p. 438.
of opening depositions. Rule 50, p. 439.
of filing commissioner's report. Rule 51, p. 439.
of hearing on exceptions to report. Rules 52, 53, p. 439.
of dismissal of libel. Rule 54, p. 440.
of taxation of costs. Rule 56, p. 440,
of final decree, Rules 57, 62, p. 440, 441.

of proceedings to appraise on limitations of liability, Rule 53, p. 439.
of objection to claim. Rule 78, p. 445.
of reforming information. Rule 87, p. 446.
oath of party to pleadings. Rule 1, p. 428.

clerk authorized to take, Rule 63, p. 441.
offence, proceedings may be joined with forfeiture, Rule 79, p. 445.



Digitized by



Google



698 INDEX.

DISTRICT COURT— conttnucd.

officer of court, appeal from exaction of fees, Rule 56, p. 440.
offset in case of total loss, Rule 40, p. 438.
order or decree, when final, Rule 61, p. 441.

for attachment of marshal. Rule 15, p. 431.
of course when entered by clerk, Rule 16, p. 432.
for discharge on consent, Rules 17, 20, p. 432, 433.
for short publication. Rule 32, p. 435.
for sale on consent, Rule 33, p. 435.
for withdrawal of tender, Rule 38, p. 436.
to open depositions on notice, Rule 50, p. 439.
to show cause, against sureties, Rule 57, p. 440.
to set down case for hearing. Rule B, p. 451.
to omit cause from calendar. Rule D, p. 452.
papers, all to be filed. Rule 2, p. 428.
parties, new, how brought in. Rule 6, p. 420.
verification of libel by, Rule 1, p. 428.
to enter into stipulation. Rule 7, p. 429.
pauperis suits in forma only by allowance, Rule 8, p. 429.
paying money in court, Rules 36, 59, pp. 436, 441.
perishable property, sale of. Rule 33, p. 435.

persons, third, how goods attached in the hands of. Rule 9, p. 430.
petition to be verified, Rule 1, p. 428.

stipulation for costs with. Rule 7, p. 429.
filed after sale, recovery limited to surplus, Rule 60, p. 441.
to limit liability, practice, Rules 73 to 78, p. 443-5.
petitory suit, delivery of property in, Rule 17, p. 432.

when commenced. Rule 18, p. 432.
possession by collector of property seized. Rule 14, p. 431.
possessory action, process when returnable. Rule 11, p. 430.

delivery of property in. Rules 17, 18, p. 432.
preferred cases on calendar, Rule £, p. 450.
practice, how regulated by rules, Rules 97, 98, p. 448.
process in commencing actions. Rule 9, p. 430.
in possessory actions. Rule 11, p. 430.
final. Rule 10, p. 430.

when returnable. Rules 11, 15, A, p. 420, 431, 449.
order on return of, Rule 16, p. 432.
upon information, Rules 80, 82, p. 445.
in suits at law. Rule 89, p. 447.
with clause of foreign attachment. Rule 9, p. 430.
not to issue without stipulation, Rule 7, p. 429.
proctor, when liable for payment of fees. Rule 51, p. 439.

may satisfy judgment within two years. Rule 65, p. 442.
property, held by garnishee, statement of, Rule 12, p. 430.
proof of claim to be made, Rule 39, p. 437.

in limitation of liability proceedings. Rule 78, p. 445.
notice to owner, agent or master. Rule 34, p. 435.
proceedings, joined, in rem and personam, Rule 79, p. 445.
prochein ami^ suit by. Rule 69, p. 443.



Digitized by



Google



INDEX. 699

DISTRICT COURT— continued.

publication on arrest of property, Rule 81, p. 435.
notice by, of arrest. Rule 32, p. 435.
before condemnation and sale. Rule 33, p. 435.
re-taxation of costs, how obtained. Rule 50, p. 440.
return, bond for safe. Rule 18, p. 4S2.

of process, 11, 15, 16, A, p. 430, 431, 432, 449.
recoupment or ofiteet, in collision cases. Rule 46, p. 438.
remission of fine. Rule 92, p. 417.
i*ules, former, superseded. Rule 99, p. 448.
satisfaction of judgment. Rules 58, 63, 65, p. 440, 441, 442.
salvors, when required to give security for costs. Rule 7, p. 429.
safe return, bond for. Rule 18, p. 432.

seamen, in suits for wages, to be co-libellants, Rule 4, p. 428.
not required to give security for costs. Rule 7, p. 429.
suing in personam to give security. Rule 68, p. 442.
security, motion for greater or better. Rule 23, p. 434.
service of attachment on garnishee. Rule 13, p. 431.
of notice on collector, Rule 14, p. 431.
of notice on owner, agent or master. Rule 34, p. 435.
sessions, special, Rule A, p. 451.
special bail, when put in, Rule 95, p. 448.
stay of proceedings on issuing commission. Rule 48, p. 438.
when none by appeal, proceedings. Rule 57, p. 440.
of ten days to enter appeal, Rule 62, p. 441.
stipulation on bringing in new parties. Rule 6, p. 429.
for costs. Rules 7, 68, p. 429, 442.

in forma pauperis, Rule 8, p. 429.
by garnishee or ti*ustee. Rule 12, p. 430.
for amount claimed. Rule 17, p. 432.
for value, Rules 17, 75, p. 432, 444.
to restore property. Rule 18, p. 433.
how executed. Rules 21, 22, p. 433.
to be recorded, Rule 25, p. 434.
how enforced. Rule 57, p. 440.
when proctor may be surety on. Rule 96, p. 448.
for delivery of property seized on information. Rule 84, p. 446.
stipulators, may surrender principal. Rule 95, p. 448.

order to show cause against,Rule 57, p. 440.
suits, when consolidated. Rule 4, p. 428.
in forma pauperis, Rule 8, p. 429.
short publication, order for, Rule 32, p. 435.
summary proceedings for wages. Rules 67, 68, p. 442.
decree against stipulators. Rule 57, p. 440.
summons for wages. Rule 68, p. 442.
supplementary proceedings. Rule 90, p. 447.
surrender of principal by sureties, Rules 24, 95, p. 434, 448.

of vessel on limitation of liability. Rule 74, p. 444.
sureties on stipulations. Rules 21, 24, 57, p. 433, 434, 440.
taxation of costs. Rules 56, 63, p. 440, 441.



Digitized by



Googl^



700 INDEX.

DISTRICT COURT— continued.

tender, most include costs, and paid in oonrt, Rule 36, p. 436.
how drawn out, Rule 38, p. 436.

testimony, how taken, Rules 47, 50, 68, p. 438, 439, 442.

trial of actions together. Rule 5, p. 429.

United States, proceedings on behalf of. Rule 14, p. 431.

venditioni ezponan, writ of. Rules 10, 34, p. 430, 435.

verification of pleadings. Rule 1, p. 428.

wages, summons for, Rule 68, p. 442.

warrant and monition. Rule 9, p. 430.
mandate for. Rule 81, p. 445.
bench. Rule 90, p. 447.
of execution, Rule 92, p. 447.

witnesses to be named in commission. Rule 47, p. 438.

depositions of, how filed and opened. Rule 50, p. 439.

writ, when returnable. Rules 11, 15, A, p. 430, 431, 451.

northern district Vide Nobthern District.
DOCKAGE, §283.

domestic vessels, § 273.
DROITS,

of the admiralty, § 111.

none in the U. S., § 33, 39.
DUPLICITY,

pleadings may be double, § 482.
DUTIES,

collection of, not a cause of admiralty jurisdiction, § 303 a.

EASTERN DISTRICT,

Vide District Court Rules.
EDWARD I.,

ordinances of , § 55 to 59, 64, 65.
ELIZABETH,

agreement in time of, §75.
ENGLISH ADMIRALTY, §46 to 114.

ancient jurisdiction of, § 46 to 73, 110.

jurisdiction of, derived not from statute, but prerogative, §47.

commission of the admiral, § 48, 49, 50.

agreement of 1575, § 75, 76.

articuli admiralitatiSy § 82.

resolutions of judges in time of Charles I., § 91.

strife with common law courts, § 74 to 110.

jurisdiction of, restricted by prohibition, § 110.

ancient jurisdiction of, restored, § 108, p. 57, note, 140, note.

act of the republican parliament concerning, § 100, 101, 102.

modem jurisdiction of, § 81, 91, 103 to 108, p. 140, note.

at the time of the American revolution, § 111 to 113.

jurisdiction of, tlien very limited, § 111.

no reason for conferring that jurisdiction on the U. S. government, § 111,
190.

decisions of, not authority on questions of jurisdiction, § 257, 261.



Digitized by



Google



. INDEX, 701

ENGLISH ADMIRALTY— continued.

general maritime law, the only guide, § 202.

looked upon with jealousy, § 6.

no jurisdiction oyer material men, § 269.
ENGLISH DECISIONS,

not authority on jurisdiction, § 257 to 261.

many cases in our courts decided on authority of, § 258.

weight of authority against such cases, § 258, 250, 260.
ENROLMENT OF DECREE, § 549, 618.
EQUITABLE JURISDICTION OF THE ADMIRALTY, § 41, 42, 329.

has not the characteristic powers of a court of equity, § 263 a, 329.

decides on equitable principles, § 329.

equity characterizes the practice, § 358.

indulgent in regard to matters of form, § 466.
ETYMOLOGY,

of admiral, admiralty, apostles, maritime, naval, nautical, § 38, 189, 213,
p. 113, note, § 631.
EVIDENCE, § 517 a to 538.

objections to, must be made at the hearing, § 517 a.

pleadings, § 518.

answers, § 519.

depositions de bene eeae, § 520 to 530.

commission dedimus poteatcUem, § 531, 532.

letters rogatory, § 533.

parties, §534 to 538.

rules of the state laws, as to competency of, adopted in admiralty, 9 517 a,
534.

decisory oath, § 538.

testimony in district court, how taken, § 530 a, Ad. Rule 50, p. 391.

testimony may be used on appeal, § 530 a, Ad. Rule 50, p. 391.

reopening cases for further proof, § 540.

new on appeal, § 632, C. C. A. Ad. Rules 7, 8, 9.

acts concerning, p. 479.
EXAMINATION OF PARTIES, § 534. See Evidence.
EXCEPTIONS, § 368, 466 to 471.

may be taken for ^hat. Ad. Rule 36, p. 388.

effect of, if allowed. Ad. Rule 36, p. 388.

to the libel, § 466 to 469, D. C. Rules 42, 44, p. 437.

to claim and answer, § 466, 470, D. C. Rules 43, 44, p. 437.

to interrogatories, and answers to them, § 466, 470, 479, D. C. Rule 45, p. 438..

to report of commissioner, § 466, D. C. Rule 52, p. 439.

when they must be made, or considered waived, § 466.

dilatory, § 468.

peremptory, § 468.

proceedings on, § 470, 471.

to depositions, § 526.

when taken pro confesso against defendant, Ad. Rule 30, p. 387.

to pleadings and reports heard on Saturday, D. C. Rule A, p. 449, F, p. 452.

form of, dilatory to libel, § 467.

peremptory to libel, § 469.



Digitized by



Google



702 INDEX. .

EXCEPTIONS— cofiMnued.

form of, by defendant to commissioner's report, p. 606.
to libel, for misjoinder, p. f$08.
to answer, for scandal and imx>ertinence, p. 609.

for insufficiency, p. 610.
to interrogatories to a party or garnishee, p. 610.
to answ.ers of a party or garnishee to interrogatories, p. 610.
to depositions de bene esae, p. 61 L
EXECUTION, § 585 to 692.

when libellant may have. Ad. Rule 21, p. 385.

nature of. Ad. Rule 21, p. 385.

against property in hands of garnishee, § 450.

against garnishee, § 450.

process for, D. C. Rule 57, p. 440.

on final decree for payment of money, to be in nature of a fieri facias,

§585.
runs through the state, § 586.

in favor of the government., runs through the U. S., § 586.
in cases in rem^ to be a venditioni exponas, § 587 to 680.
duty of the marshal under, § 589.
distribution of proceeds under, § 500 to 502.
duty of the clerk under, § 500.
stayed ten days for appeal, D. C. Rule 57, p. 440.
form of, in nature of & fieri facias, § 586, p. 620.

venditioni exponas, on an interlocutory order, in a case of salvage,
p. 401.
EXECUTORS AND ADMINISTRATORS, § 385, 484, 485.
may be admitted to prosecute or defend, § 484, 485.

FEES. Vide Costs and Fees.
FIERI FACIAS, § 585.

writ of, adopted as final process, D. C. Rule 10, p. 430.
FISHERIES, § 174, 241, 263, 277, 281, 208.

form of libel on a whaling contract, p. 548.
FLORENCE,

laws of, § 187.
FORFEITURE, § 301, 302, 303.
FOREIGN,

vessels, § 272, 273, 282.

states foreign to each other, § 24, 271.
FOREIGN ATTACHMENT. Vide Attachment.
FORMS, § 371, p. 481 to 632.

none established, § 371.

convenient and useful, § 371.

of stipulation for libellant^s costs, § 414.

entire proceedings in a suit in rem, for salvage, p. 481 to 503.

on a libel of information against the same propeiiy, p. 503
to 511.

libel in rem, against ship and cargo, by owner and master of saving vessel,
for salvage, p. 481.



Digitized by



Google



INDEX. 703

FORSLS—continued,

stipulation for costs, on filing libel in rem, p. 482.

justification of sureties, p. 483.

attachment and monition against ship and cargo, p. 483.

notice for publication, p. 483.

return of marshal to attachment and monition, p. 484.

proclamation on return of process in rem, p. 484.

order of court, on return of mesne process in rem, p. 484.

claim by agents of foreign underwriters, p. 485.

stipulation for costs, on putting in claim in rem, p. 487.

justification of surety, p. 487.

claim by a foreign consul, for unknown owners, p. 488.

by the U. S., for a forfeiture and for duties, p. 488.
affidavit to move for sale of ship and cargo, p. 489.
notice of motion for sale of ship and cargo, p. 400.
proof of service— admission — affidavit, p. 490.
order for sale of ship and cai^o, p. 491.
venditioni exponas for interlocutory sale, p. 491.
return of marshal to venditioni exponas, p. 491.
clerk's receipt to marshal, for proceeds of sale, p. 492.
application bj marshal, for leave to pay duties on cargo, p. 492.
order for payment of duties, p. 492.
notice of taking deposition de bene esse, p. 492.
proof of service, p. 493.
subpoena to testify before a commissioner, p. 493.

ticket, p. 494.
deposition, p. 494.
certificate of commissioner, p. 495.
indorsement on depositions, as sealed up, p. 496.
order to open depositions in coui*t, p. 496.

order for commission, or dedimiLS potestatem, p. 496. *

commission, or dedimus potestatem, p. 496.
return of the commissioners, p. 497.
interrogatories, p. 497.
cross-interrogatories, p. 497.
deposition, p. 498.
indorsement and direction, p. 498.
order to open commission, p. 498.
notice of hearing to the parties, p. 498.
proceedings on hearing, p. 499.
decree on the meiits, with reference to clerk, p. 499.
clerk's report on distribution of salvage, p. 500.
final decree, p. 501.

notice to marshal to return venditioni exponas, p. 501.
affidavit of service of notice, p. 501.

affidavit, on motion for attachment against the marshal, p. 502.
order for marshal to show cause, p. 502.
admission of service, p. 502.
order that attachment issue, p. 608.
order to pay over remnants and surplus, p. 503.



Digitized by



Google



704 INDEX.

FORMS— con«niied.

libel of information for a forfeiture, p. 608.

notice for publication, p. 505.

order for process, p. 605.

monition and attachment in rem, p. 605.

claim and answer by owner of saving vessel, p. 505.

stipulation for costs, p. 506.

claim and answer of salvors, p. 507.

of foreign consul, p. 506.

of foreign underwriters, p. 509.
stipulation for costs, p. 508, 609, 510.
order for default, p. 511.
final decree dismissing libel, p. 511.
For other forms vide Libel — Claim — Akswbb— Ezobptiohb — Db-

CBEE, ETC.

FRANCE, §45, 172 to 187.

marine ordinances of, justly celebrated, § 172.

maritime jurisdiction of, extensive, § 172 to 176.
FREIGHT, § 286, 287, 288.
FRESH WATER, § 161, 244.
FURTHER PROOF, t

in circuit court of appeals to be taken by deposition or commission:— how
taken, § 682, C. C. A. Ad. Rules 7, 8, 9.

GARNISHEES,

must be named in libel, § 407, 409, 410.

attachment of property in hands of, §425.

property of non-resident may be attached in hands of, § 425.

must be cited to appear, § 425 to 488.

default by, §438.

must appear and answer, § 459, Ad. Ru^e 87, p. 888.

interrogatories to, § 459.

may be made personally responsible, § 459.

if he deny having property, libellant may reply, § 459.

regulations concerning attachment of property in hands of, D. C. Rule 13,
p. 431.
GENERAL GOVERNMENT,

not modelled upon the institutions of Great Britain, § 29 to 82, 194.

witliin its own sphere, original and independent, §25, 26, 27.

limited in its objects, §27.

importance of, § 818.
GENERAL VIEW,

of the admiralty, § 1 to 13.
GENOA,

laws of, § 187.
GODOLPHIN, § 108, 108.
GRANTS,

constitutional, §28 to 28.



Digitized by



Google



INDEX. 706

GIIEAT BRITAIN,

not alluded to in the constitution, §30, 31, 192.

government of the U. S. not modelled upon that of, § 29 to 82, 194.
GUARDIAN,

€td litem, D. C. Rule 69, p. 443.
GUIDON DE LA MER, § 185.



Online LibraryErastus Cornelius BenedictThe American admiralty, its jurisdiction and practice, with practical forms and directions → online text (page 76 of 80)