Cornell University Library KF 8816.A2 1918 Rules of the Supreme Court of tlie United 3 1924 020 170 985 Cornell University Library The original of tiiis book is in tine Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924020170985 Rules of the Supreme Court of the United States Rules with Reference to Appeals from the Court of Claims Rules of Practice for the Courts of Equity of the United States Rules of Practice of the Courts of the United States in Admiralty and Maritime Jurisdictfon General Orders in Bankruptcy Rules Relating to Copyright > WASHINGTON : GOVERNMENT PRINTING OFFICE s 1918 Rules of the Supreme Court of the United States Rules with Reference to Appeals from the Court of Claims Rules of Practice for the Courts of Equity of the United States Rules of Practice of the Courts of the United States in Admiralty and Maritime Jurisdiction General Orders in Bankruptcy Rules Relating to Copyright U\S^ SuPKf^E Co''<7 WASHINGTON : GOVERNMENT PRINTING OFFICE : 1918 - ^ — . RULES OF THE SUPREME COURT OF THE UNITED STATES WASHINGTON March 1, 1918 INDEX TO RULES OF THE SUPREME COURT. Page. Abatement by reason of no appearance by representatives of deceased party 24 Act of March 2, 1907, cases under to have 45 minutes to a side for oral argument 30 Adjournment, provisions concerning. 36 Advancement of cases 35 once adjudicated 35 criminal 35 revenue 35 involving only jurisdiction of lower court- 38 Admiralty cases 22 further proof in 20 records in 17 Agreed records, may be sent up 15 Appeals and writs of error direct from district courts 40 in cases involving jurisdiction of district court 38 under act of Mar. 3, 1911 ,- 40 Appearance of counsel required to docket case 18 for either party, no 26 for defendant in error, no 26 for plaintiff in error, no 26 Argument, on motions, time allowed for 11 oral, who may open, etc 30 order of 30 printed, not received after submission 27 printed, submission on 27 time allowed for 30 Assignment of errors, case not heard without 29 provisions concerning 39 under act of Mar. 3, 1911 39 Attachment for clerk's fees — 20 Attorneys, oath of 9 qualifications of . 9 Bail, when and how granted 41 Bill of exceptions 10 Bond on supersedeas 36 Brief for respondent, on petition for certiorari, when to be filed- 42 Briefs 28 form of printed 1 38 not received after argument 27 of counsel^ for plaintiff in error or appellant, what to contain 28 4 INDEX TO EDIiES. Briefs — Continued. Page, of counsel for plaintiff in error or appellant, when to be filed 28 of counsel for defendant in error or appellee, what to contain 29 of counsel for defendant in error or appellee, when to be filed 29 service of upon adverse party 29 when to be indexed 29 Call and order of the docket 34 Cases dismissed in vacation , 36 involving same question may be heard together 35 passed, how restored to call : 35 Certified record as exhibit to petition for certiorari 42 Certified cases to have only 45 minutes a side in argument 30 Certiorari to correct diminution of record ^ 22 Certiorari, writs of to review causes, provisions concerning 42 Circuit Courts of Appeals, cases from, etc 41 practice in cases from 43 Citations, service of 16 when returnable 16, 17 Clerk of the court, provisions as to 9 Clerk's fees, attachment for 20 deposit for 18 table of 32 Conference-room library 14 Continuance if neither party be ready for argument 34 Cost of printing, to be taxed against whom 20 Costs, deposit on account of 18 not to be allowed for or against the United States 32 of transcript from court below to be taxed 31 to be inserted in mandate 32 when to be allowed, etc 31 Counsel, admission of 9 appearance of : 18 no appearance of 26 two only to be heard oh argument . 30 Cross appeals, to be argued as one 30 order of argument in 30 Custody of prisoners on habeas corpus 39 Damages for delay, when to be allowed 31 Death of a party 1 23 no appearance for representatives 24 prior to allowance of writ of error or appeal—. 24 Deposit on account of costs , ig Designation of parts of record to be printed 20 Diminution of record, certiorari to correct 22 Direct appeals, etc, from district courts 40 INDEX TO RULES. Page- Dismissal for failure to deposit costs of printing 19 for failure to file brief 29 Dismissed cases, mandates to issue in 32 Dismissing cases in vacation 36 District courts, appeals and writs of error from 40 Docket, call of 34 Doclseting and dismissing cases 17 Docketing cases 17 Docketing of cases by defendant in error or appellee 18 Enlargement of time before mandate may issue 43 of time for docketing cases 17 Errors, assignment of 29 not specified to be disregarded 29 specification of in briefs of plaintiff in error or appel- lant 28 Estimate of costs of printing to be made, etc 19 Evidence in record, objections to 22 new, in admiralty 22 new, how taken 22 Exceptions, bill of 10 Exhibits of material, etc 38 Fees, attachment for 20 of clerk to be computed on record as filed 21 security for 18 under act of March 3, 1883, table of 32 Form of printed records and briefs 38 Further proof, commission for 21 Habeas corpus, custody of prisoners on 39 Index to brief, when required 29 Interest, costs and fees under act of March 3, 1911 43 Interest at law 30 in admiralty 31 in equity 31 on judgments, how calculated 30 Jurisdiction of court below alone in issue, time for oral argu- ment of such cases 30 of lower court, eases involving 38 Law library, clerk to deposit records and briefs in 14 how books may be taken from 14 Library of conference room, custody of, etc 14 List of cases in briefs, when required, etc 29 Mandate, none to issue in twenty-eighth rule cases without order of court 36 Mandates to issue as of course after 30 days 43 in all cases of dismissal 32 Marshal to have custody of models, diagrams, etc 38 Models, diagrams, and exhibits of material, provisions con- cerning 38 D INDEX TO EXILES. Page. Motion day, Monday to be 13 Motions, notice of 12 notice and service of briefs . ^ 12 submission of 12 time allowed for argument of 11 to advance 35 cases once adjudicated 35 criminal cases i. : 35 revenue cases 35 cases involving jurisdiction of district court- 38 to be in writing, etc 11 to affirm 12 to dismiss, notice of 12 Neither party ready at second term 26 No appearance of plaintiff in error at hearing 26 of defendant in error at hearing 26 of either party at hearing 26 Notice of petitions for certiorari to be given 42 Oath of attorneys . 9 Objections to evidence in record- 22 One counsel only to be heard when no oral argument for other side 29 Opinion of lower court to be sent up with record 16 Ojtoionsof the court 33 to be printed - 33 to be filed for preservation 34 need not be copied for printing 34 Oral argument not permitted on petitions for certiorari 42 Oral arguments, who may open, etc 30 Order of publication, when to issue 23 Original papers, copies to be made for printer 19 when to be sent up, etc 16 Original records, not to be taken from office, etc 9 Original transcript, when to be sent to printer 19 Parties, death of 23 Passing of case, stipulation for, not binding on court, etc 36 Petition for certiorari, when in time 42 Petitions for certiorari, provisions concerning 42 for rehearing 37 Plaintiff in error or appellant, no appearance of 26 Practice in/ to which he excepts; and those matters of law, and those only, shall be inserted in the bill of exceptions and allowed by the court. 2. Only so much of the evidence shall be embraced in a bill of exceptions as may be necesssary to present clearly the questions of law involved in the rulings to which exceptions are reserved, and such evidence as is embraced therein shall be set forth in condensed and narrative form, save as a proper understanding of the questions presented may require that parts of it be set forth otherwise. RUtES SUPREME COURT UNITED STATES. H PROCESS. 1. All process of this court shall be in the name of the President of the United States, and shall contain the Christian names, as -^well as the surnames, of the parties. 2. When process at common law or in equity shall issue against a State, the same shall be served on the governor, or chief executive magistrate, and attorney- general of such State. 3. Process of subpoena, issuing out of this court, in any suit in equity, shall be served on the defendant sixty days before the return day of the said process; and if the defendant, on such service of the subpoena, shaU not appear at the return day, the complainant shall be at liberty to proceed ex -parte. 6. MOTIONS. 1. All motions to the court shall be reduced to writing, and shall contain a brief statement of the facts and objects of the motion. 2. Forty-five minutes on each side shall be allowed to the argument of a motion, and no more, without special leave of the court, granted before the argument begins. 3. No motion to dismiss, except on special assign- ment by the court, shall be heard, unless previous notice has been given to the adverse party, or the counsel or attorney of such party. 12 BULiES STJPEEME COXJET UNITED STATES. 4. All motions to dismiss writs of error and appeals, except motions to docket and dismiss under Rule 9, must be submitted in the first instance on printed briefs or arguments. If the court desires further argument on that subject, it will be ordered in connection with the hearing on the merits. The party moving to dismiss shall serve notice of the motion, with a copy of his brief of argument, on the counsel for plaintiff in error or appellant of record in this court, at least three weeks before the time fixed for submitting the motion, in all cases except where the counsel to be notified resides west of the Rocky Mountains, in which case the notice shall be at least thirty days. Affidavits of the deposit in the mail of the notice and brief to the proper address of the counsel to be served, duly post-paid, at such time as to reach him by due course of mail, the three weeks or thirty days before the time fixed by the notice, will be regarded as prima facie evidence of service on counsel who reside without the District of Columbia. On proof of such service, the motion will be considered, unless, for satisfactory reasons, further time be given by the court to either party. 5. The court in any pending cause will receive a motion to affirm on the ground that it is manifest that the writ or appeal was taken for delay only, or that the questions on which the decision of the cause depend are so frivolous as not to need fm-ther argument. The same procedure shall apply to and EXILES SUPREME COURT UNITED STATES. 13 control such motions as is provided for in cases of motions to dismiss under paragraph 4 of this rule. 6. Although the court upon consideration of a mo- tion to dismiss or a motion to affirm may refuse to grant the motion, it may nevertheless, if the conclu- sion is arrived at that the case is of such a character as not to justify extended argument, order the cause transferred for hearing to a summary docket. The hearing of the causes on such docket will be expe- dited, the court providing from time to time for such speedy disposition of the docket as the regular order of business may permit, and on the hearing of such causes one-half hour will be allowed each side for oral argument. 7. The court will not hear arguments on Satiu-day (imless for special cause it shall order to the con- trary), but will devote that day to the other business of the court. The motion day shall be Monday of each week; and motions not required by the rules of the court to be put on the docket shall be entitled to preference immediately after the reading of opinions, if such motions shall be made before the court shall have entered upon the hearing of a case upon the docket. 7. LAW LIBEAKY. 1. During the session of the court, any gentleman of the bar having a case on the docket, and wishing to use any book or books in the law library, shall be 14 BUIiES SUPREME COURT UNITED STATES. at liberty, upon application to the clerk of the court, to receive an order to take the same (not exceeding at any one time three) from the library, he being thereby responsible for the due return of the same within a reasonable time, or when required by the clerk. And in case the same shall not be so returned, the party receiving the same shall be responsible for and forfeit and pay twice the value thereof, and also one dollar per day for each day's detention beyond the limited time, 2. The clerk shall deposit in the law library, to be there carefully preserved, one copy of the printed record in every case submitted to the court for its consideration, and of all printed motions, briefs, or arguments filed therein; 3. The marshal shall take charge of the books of the court, together with such of the duplicate law books as Congress may direct to be transferred to the court, and arrange them in the conference room, which he shall have fitted up in a proper manner; and he shall not permit such books to be taken therefrom by any one except the justices of the court. > WRIT OF ERROR AND APPEAL, RETURN AND RECORD. 1. The clerk of the court to which any writ of error may be directed shall make return of the same, by transmitting a true copy of the record, and of the assignment of errors, and of all proceedings in the case, under his hand and the seal of the court. RULES StrPEEME COURT UNITED STATES. 15 In order to enable the Clerk to perform such duty and for the purpose of reducing the size of transcripts of record in cases brought to this Court by appeal or writ of error, by eliminating all papers not necessary to the consideration of the questions to be reviewed, it shall be the duty of the appellant or plaintifiF in error or his attorney to file with the clerk of the lower court, together with proof or acknowledgment of service of a copy on the appellee or defendant in error, or his counsel, a praecipe which shall indicate the portions of the record to be incorporated into the transcript of the record on such appeal or writ of error. Should the appellee or defendant in error, or his counsel, desire additional portions of the record incorporated into the transcript of the record to be filed in this Court, he shall file with the clerk of the lower court his praecipe also, within ten days thereafter, (unless the time shall be enlarged by a judge of the lower court or by a Justice of this Court), indicating such additional portions of the record desired by him. The clerk of the lower court shall transmit to this Court as the transcript of the record in the case only the portions of the record below designated by both parties as above provided. The parties or their counsel, however, may agree by written stipulation to be filed with the clerk of the lower court the portions of the record which shall constitute the transcript of record on appeal or writ of error, and the clerk in such case shall transmit only the papers designated in such stipulation. -IS 2 16 BUtES SUPREME COUET UNITED STATES. If this Court shall find that portions of the record unnecessary to a proper presentation of the case have been incorporated into the transcript by either party, the Court may order that the whole or any part of the Clerk's fee for supervising the printing and ,of the cost of printing the record be paid by the offending party. 2. In all cases brought to this court, by writ of error or appeal, to review any judgment or decree, the clerk of the court by which such judgment or de- cree was rendered shall annex to and transmit with the record a copy of the opinion or opinions filed in the case. 3. No case will be heard until a complete record, containing in itself, and not by reference, all the papers, exhibits, depositions, and other proceedings which are necessary to the hearing in this court, shall be filed. 4. Whenever it shall be necessary or proper, in the opinion of the presiding judge in any district court, that original papers of any kind should be inspected in this court upon writ of error or appeal, such presiding judge may make such rule or order for the safe-keeping, transporting, and return of such original papers as to him may seem proper, and this court will receive and consider such original papers in connection with the transcript of the proceedings. 5. All appeals, writs of error, and'citations must be made returnable not exceeding thirty days from the day of signing the citation, whether the retm-n day fall in vacation or in term time, and be served before EULES SUPBEME COURT UNITED STATES. 17 the return day, except in writs of error and appeals from California, Oregon, Nevada, Washington, New Mexico, Utah, Arizona, Montana, -Wyoming, North Dakota, South Dakota, Alaska, Idaho, Hawaii and Porto Rico, when the time shall be extended to sixty days and from the Philippine Islands to one hund;ped and twenty days. 6. The record in cases of admiralty and maritime jurisdiction, when under the requirements of law the facts have been found in the court below, and the power of review is limited to the determination of questions of law arising on the record, shall be con- fined to the pleadings, the findings of fact, and con- clusions of law thereon, the bills of exceptions, the final judgment or decree, and such interlocutory orders and decrees as may be necessary to a proper review of the case. 9. DOCKETING CASES. 1. It shall be the duty of the plaintiff in error or appellant to docket the case and file the record thereof with the clerk of this court by or before the return day, whether in vacation or in term time. But, for good cause shown, the justice or judge who signed the citation, or any justice of this court, may enlarge the time, by or before its expiration, the order of enlargement to be filed with the clerk of this court. If the plaintiff in error or appellant shall fail to com- ply with this rule, the defendant in error or appellee may have the cause docketed and dismissed upon 18 KTJLES SUPREME COUBT UNITED STATES. producing a certificate, whether in term time or vaca- tion, from the clerk of the court wherein the judg- ment or decree was rendered, stating the case and certifying that such writ of error or appeal has been duly sued out or allowed. And in no case shall the plaintiff in error or appellant be entitled to docket the case and file the record after the same shall have been docketed and dismissed under this rule, unless by order of the court. 2. But the defendant in error or appellee may' at his option, docket the case and file a copy of the record with the clerk of this court; and if the case is docketed and a copy of the record filed with the clerk of this court by the plaintiff in error or appel- lant within the period of time above limited and prescribed by this rule, or by the defendant in error or appellee at any time thereafter, the case shall stand for argument. 3. Upon the fiUng of the transcript of a record brought up by writ of error or appeal, the appear- ance of the counsel for the party docketing the case shall be entered. 10. PRINTING RECORDS. 1. In all cases the plaintiff in error or appellant, on docketing a case and filing the record, shall make such cash deposit with the clerk for the payment of his fees as he may require or otherwise satisfy him in that behalf. EX7LBS SUPEEMB COXIRT "UNITED STATES. 19 2. Immediately after the designation of the parts of the record to be printed or the expiration of the time allotted tlierefor, the clerk shall make an esti- mate of the cost of printing the record, his fee for preparing it for the printer and supervising fee, and other probable fees, and upon application therefor shall furnish the same to the party docketing the case. If such estimated sum be not paid within ninety days after the cause is docketed, it shall be the duty of the clerk to report that fact to the court, and thereupon the cause will be dismissed, unless good cause to the contrary is shown. 3. Upon payment of the amoimt estimated by the clerk, thirty copies of the record shall be printed, under his supervision, for the use of the court and of counsel. 4. In cases of appellate jurisdiction the original transcript on file shall be taken by the clerk to the printer. But the clerk shall cause copies to be made for the printer of such original papers, sent up under Rule 8, section 4, as are necessary to be printed ; and of the whole record in cases of original jurisdiction. 5. The clerk shall supervise the printing, and see that the printed copy is properly indexed. He shall distribute the printed copies to the justices and the reporter, from time to time, as required, and a copy to the counsel for the respective parties. 6. If the actual cost of printing the record, to- gether with the fee of the clerk, shall be less than the amount estimated and paid, the amount of the differ- 20 RULES SUPEEMB COXIRT UNITED STATES. ence shall be refunded by the clerk to the party pay- ing it. If the actual cost and clerk's fee shall exceed the estimate, the amount of the excess shall be paid to the clerk before the delivery of a printed copy to either party or his counsel. 7. In case of reversal, affirmance, or dismissal, with costs, the amount of the cost of printing the record and of the clerk's fee shall be taxed against the party against whom costs are given, and shall be inserted in the body of the mandate or other proper process. 8. Upon the clerk's producing satisfactory evi- dence, by affidavit or the acknowledgment of the parties or their sureties, of having served a copy of the bill of fees due by them, respectively, in this court, on such parties or their sureties, an attach- ment shall issue against such parties or sureties, respectively, to compel payment of said fees. 9. When the record is filed, or within twenty days thereafter, the plaintiff in error or appellant may file with the clerk a statement of the points on which he intends to rely and of the parts of the record which he thinks necessary for the considera- tion thereof, with proof of service of the same on the adverse party. The adverse party, within thirty days thereafter, may designate in writing, filed with the clerk, additional parts of the record which he thinks material; and, if he shall not do so, he shall he held to have consented to a hearing on the parts designated by the plaintiff in error or appellant. If parts of the record shall be so designated by one or both of the parties, the clerk shall print those parts only; and the court will consider nothing but those EXTLES SUPREME COURT UNITED STATES. 21 parts of the record and the points so stated. If at the hearing it shall appear that any material part of the record has not been printed, the writ of error or appeal may be dismissed or such other order made as the circumstances may appear to the court to require. If the defendant in error or appellee shall have caused unnecessary parts of the record to be printed, such order as to costs may be made as the court shall think proper. The fees of the clerk under Rule 24, section 7, shall be computed, as at present, on the folios in the record as filed, and shall be in fuU for the per- formance of his duties in the execution hereof. 11. TRANSLATIONS. Whenever any record transmitted to this court upon a writ of error or appeal shall contain any doc- ument, paper, testimony, or other proceedings in a foreign language, and the record does not also contain a translation of such docimient, paper, testimony, or other proceedings, made under the authority of the inferior court, or admitted to be correct, the record shall not be printed; but the case shall be reported to this court by the clerk, and the court wiU order that a translation be supplied and inserted in the record. 12. FURTHER PROOF. 1. In all cases where further proof is ordered by the court, the depositions which may be taken shall be by a commission, to be issued from this court, or from any district court of the United States. 22 BtTLES STJPEEME COURT UNITED STATES. 2. In all cases of admiralty and maritime juris- diction, where new evidence shall be admissible in this court, the evidence by testimony of witnesses shall be taken under a commission to be issued from this court, or from any district court of the United States, under the direction of any judge thereof; and no such commission shall issue but upon in- terrogatories, to be filed by the party applying for the commission, and notice to the opposite party or his agent or attorney, accompanied with a copy of the interrogatories so filed, to file cross-interrog- atories within twenty days from the service of such notice: Provided, however. That nothing in this rule shall prevent any party from giving oral testi- mony in open court in cases where by law it is admissible. 13. OBJECTIONS TO EVIDENCE IN THE RECORD. In all cases of equity or admiralty jurisdiction, heard in this court, no objection shall hereafter be allowed to be taken to the admissibility of any deposition, deed, grant, or other exhibit found in the record as evidence, unless objection was taken thereto in the court below and entered of record; but the same shall otherwise be deemed to have been admitted by consent. 14. CERTIORARI. No certiorari for diminution of the record will be hereafter awarded in any case, unless a motion therefor shall be made iii writing, and the facts on. BTILES SUPREME COURT UNITED STATES. 23 which the same is founded shall, if not admitted by the other party, be verified by affidavit. And all motions for certiorari must be made at the first term of the entry of the case; otherwise, the same will not be granted, unless upon special cause shown to the court, accounting satisfactorily for the delay. 15. DEATH OF A PAETY. 1. Whenever, pending a writ of error or appeal in this court, either party shall die, the proper representatives in the personalty or realty of the deceased party, according to the nature of the case, may voluntarily come in and be admitted parties to the suit, and thereupon the case shall be heard and determined as in other cases; and if such representatives shall not voluntarily become parties, then the other party may suggest the death on the record, and thereupon, on motion, obtain an order that unless such representatives shall become parties within the first ten days of the ensuing term, the party moving for such order, if defendant in error or appellee shall be entitled to have the writ of error or appeal dismissed; and if the party so moving shall be plaintiff in error or appellant he shall be entitled to open the record, and on hearing have the judgment or decree reversed, if it be errone- ous: Provided, however, That a copy of every such order shall be printed in some newspaper of general circulation within the State, Territory, or District from which the case is brought, for three 24 BTJLES SUPREME COURT UNITED STATES. successive weeks, at least sixty days before the begin- ning of the term of the Supreme Court then next ensuing, 2. When the death of a party is suggested, and the representatives of the deceased do not appear by the tenth day of the second term next succeeding the suggestion, and no measures are taken by the oppo- site party within that time to compel their appear- ance, the case shall abate. 3. When either party to a suit in a coiirt of the United States shall desire to prosecute a writ of error or appeal to the Supreme Couf IT of the United States, from any final judgment or decree, ren- dered in such court, and at the time of suing out such writ of error or appeal the other party to the suit shall be dead and have no proper representa- tive within the jurisdiction of the court which ren- dered such final judgment or decree, so that the suit can not be revived in that court, but shall have a proper representative in some State or Territory of the United States, the party desiring such writ of error or appeal may procure the same, and may have proceedings on such judgment or decree super- seded or stayed in the same manner as is now allowed by law in other cases, and shall thereupon proceed with such writ of error or appeal as in other cases. And within thirty days after the conamencement of the term to which such writ of error or appeal is re- turnable, the plaintiff in error or appellant shall make a suggestion to the court, supported by affidavit, that the said party was dead when the writ of error or RULES SUPREME COURT UNITED STATES. 25 appeal was taken or sued out, and had no proper rep- resentative within the jurisdiction of the court which rendered said judgment or decree, so that the suit could not be revived in that court, and that said party had a proper representative in some State or Territory of the United States, and stating therein the name and character of such representative, and the State or Territory in which such representative resides; and, upon such suggestion, he may, on mo- tion, obtain an order that, unless such representative shall make himself a party within the first ten days of the ensuing term of the court, the plaintiff in error or appellant shall be entitled to open the record, and, on hearing, have the judgment or decree reversed, if the same be erroneous: Provided, however. That a proper citation reciting the substance of such order shall be served upon such representative, either per- sonally or by being left at his residence, at least sixty days before the beginning of the term of the Supreme Court then next ensuing: And provided, also, That in every such case if the representative of the de- ceased party does not appear by the tenth day of the term next succeeding said suggestion, and the meas- ures above provided to compel the appearance of such representative have not been taken within time as above required, by the opposite party, the case shall abate: And provided, also, That the said represent- ative may at any time before or after said sugges- tion come in and be made a party to the suit, and thereupon the case shall proceed, and be heard and determined as in other cases. 26 EXILES SUPREME COUKT UNITED STATES. 16. NO APPEABANCE OF PLAINTIFF IN ERROR OR APPEL- LANT. Where no counsel appears and no brief has been filed for the plaintiff in error or appellant, when the case is called for trial, the defendant in error or appellee may have the plaintiff in error or appellant called and the writ of error or appeal dismissed, or may open the record and pray for an affirmance. 17. NO APPEARANCE OF DEFENDANT IN ERROR OR APPEL- LEE. Where the defendant in error or appellee fails to appear when the case is called for trial, the court may proceed to hear an argument on the part of the plaintiff in error or appellant and to give judgment according to the right of the case. 18. NO APPEARANCE OF EITHER PARTY. When a case is reached in the regular call of the docket, and there is no appearance for either party, the case shall be dismissed at the cost of the plaintiff in error or appellant. 19. NEITHER PARTY READY AT SECOND TERM. When a case is called for argument at two succes- sive terms, and upon the call at the second te^m neither party is prepared to argue it, it shall be dis- RULES SUPREME COURT UNITED STATES. 27 missed at the cost of the plaintiff in eFror or appellant, unless sujSicient cause is shown for further post- ponement. 30. PRINTED ARGUMENTS. 1. In all cases brought here on writ of error, ap- peal, or otherwise, the court will receive printed ar- guments without regard to the number of the case on the docket, if the counsel on both sides shall choose to submit the same within the first ninety days of the term; and, in addition, appeals from the Court of Claims may be submitted by both parties within thirty days after they are docketed, but not after the first day of April; but thirty copies of the argu- ments, signed by attorneys or counsellors of this court, must be first filed. 2. When a case is reached in the regular call of the docket, and a printed argument shall be filed for one or both parties, the case shall stand on the same foot- ing as if there were an appearance by counsel. 3. When a case is taken up for trial upon the reg- ular call of the docket, and argued orally in behalf of only one of the parties, no printed argument for the opposite party will be received, unless it is filed be- fore the oral argmnent begins, and the court will pro- ceed to consider and decide the case upon the ex 'parte argument. 4. No brief or argument will be received, either through the clerk or otherwise, after a case has been argued or submitted, except jipon leave granted in ■open court after notice to opposing counsel. 28 RULES STJPEEME COUKT UNITED STATES. 31. BRIEFS. 1. The counsel for plaintiff in error or appellant shall file with the clerk of the court, at least three weeks before the case is called for argument, thirty copies of a printed brief, one of which shall, on ap- plication, be furnished to each of the counsel engaged upon the opposite side. 2. This brief shall contain, in the order here stated — (1) A concise abstract, or statement of the case, presenting succinctly the questions involved and the manner in which they are raised. (2) A specification of the errors relied upon, which, in cases brought up by writ of error, shall set out separately and particularly each error asserted and intended to be urged; and in cases brought up by appeal the specification shall state, as particu- larly as may be, in what the decree is alleged to be erroneous. When the error alleged is to the admis- sion or to the rejection of evidence, the specification shall quote the full substance of the evidence admitted or rejected. When the error alleged is to the charge of the court, the specification shall set out the part referred to totidem verbis, whether it be instructions given or instructions refused. When the error alleged is to a ruling upon the report of a master, the specification shall state the exception to the report and the action of the court upon it. (3) A brief of the argument, exhibiting a clear statement of the points of law or fact to be dis- cussed, with a reference to the pages of the record EtTLES SUPEEME COUBT UNITED STATES. 29 and the authorities relied upon in support of each point. When a statute of a State is cited, so much thereof as may be deemed necessary to the decision of the case shall be printed at length. 3. The coimsel for a defendant in error or an appellee shall file with the clerk thirty printed copies of his argument, at least one week before the case is called for hearing. His brief shall be of like charac- ter with that required of the plaintiff in error or ap- pellant, except that no specification of errors shall be required, and no statement of the case, unless that presented by the plaintiff in error or appellant is controverted. 4. When there is no assignment of errors, as required by section 997 of the Revised Statutes, counsel will not be heard, except at the request of the court; and errors not specified according to this rule wUl be disregarded ; but the court, at its option, may notice a plain error not assigned or specified. 5. When, according to this rule, a plaintiff in error or an appellant is in default, the case may be dismissed on motion; and when a defendant in error or an appellee is in default, he will not be heard, except on consent of his adversary, and by request of the court. 6. When no oral argument is made for one of the parties, only one counsel will be heard for the adverse party. 7. No brief or printed argument, required by the foregoing sections, shall be filed by the clerk unless the same shaU be accompanied by satisfactory proof of service upon counsel for the adverse party. 8. Eveiy brief of more than twenty pages shall con- tain on its front fly leaves a subject iadex with page 30 RULES SUPBEME COUKT UNITED STATES. references, the subject index to be supplemented by a list of aU cases referred to, alphabetically arranged, together with references to pages where the cases are cited. ORAL ARGUMENTS. 1. The plaintiff in error or appellant in this court shall be entitled to open and conclude the argument of the case. But when there are cross-appeals they shall be argued together as one case, and the plaintiff in the com-t below shall be entitled to open and con- clude the argument. 2. Only two counsel will be heard for each party on the argument of a case. 3. One and one-half hours on each side will be allowed for the argument, and no more, without special leave of the court, granted before the argu- ment begins. But in cases certified from the Circuit Courts of Appeals, cases involving solely the juris- diction of the court below, and cases under the act of March 2, 1907, 34 Stat., 1246, forty-five minutes only on each side will be allowed for the argument unless the time be extended. The time thus allowed may be apportioned between the counsel on the same side, at their discretion; provided, always, that a fair opening of the case shall be made by the party having the opening and closing arguments. 33. INTEREST. 1. In cases where a writ of error is prosecuted to this court, and the judgment of the inferior court is affirmed, the interest shall be calculated and levied, from the date of the judgment below until the same is paid, at the same rate that similar judgments bear RULES SUPREME COURT UNITED STATES. 31 interest in the courts of the State where such judg- ment is rendered. 2. In all cases where a writ of error shall delay the proceedings on the judgment of the inferior court, and shall appear to have been sued out merely for delay, damages at a rate not exceeding 10 per cent., in addition to interest, shall be awarded upon the amount of the judgment. 3. The same rule shall be applied to decrees for the payment of money in cases in equity, unless otherwise ordered by this court. 4. In cases in admiralty, damages and interest may be allowed if specially directed by the court. 2i. COSTS. 1. In all cases where any suit shall be dismissed in this comrt, costs shall be allowed to the defendant in error or appellee, unless otherwise agreed by the parties, except where the dismissal shall be for want of jiu-isdiction, when the costs incident to the motion to dismiss shall be allowed. 2. In all cases of affirmance of any judgment or dedree in this court, costs shall be allowed to the defendant in error or appellee, unless otherwise ordered by the court. 3. In cases of reversal of any judgment or decree in this court, costs shall be allowed to the plaintiff in error or appellant, unless otherwise ordered by the court. The cost of the transcript of the record from the court below shall be a part of such costs, and be taxable in that court as costs in the case. 32406°— 18 3 32 RULES SUPREME COURT UNITED STATES. 4. Neither of the foregoing sections shall apply to cases where the United States are a party; but in such cases no costs shall be allowed in this court for or against the United States. 5. In all cases of the dismissal of any suit in this court, it shall be the duty of the clerk to issue a man- date, or other proper process, in the nature of a procedendo, to the court below, for the purpose of informing such court of the proceedings in this coiu-t, so that further proceedings may be had in such court as to law and justice may appertain. 6. When costs are allowed in this court, it shall be the duty of the clerk to insert the amount thereof in the body of the mandate, or other proper process, sent to the court below, and annex to the same the bilL-of items taxed in detail. 7. In pursuance of the act of March 3, 1883, author- izing and empowering this court to prepare a table of fees to be charged by the clerk of this court, the following table is adopted : For docketing a case and filing and indorsing the transcript of the record, five dollars.- For entering an appearance, twenty-five cents. For entering a continuance, twenty-five cents. For filing a motion, order, or other paper, twenty- five cents. For entering any rule, or for making or copying any record or other paper, twenty cents per folio of each one hundred words. For transferring each case to a subsequent docket and indexing the same, one dollar. EULES SUPREME COURT UNITED STATES. 33 For entering a judgment or decree, one dollar. For every search of the records of the court, one dollar. For a certificate and seal, two dollars. For receiving, keeping, and paying money in pur- suance of any statute or order of court, two per cent, on the amount so received, kept, and paid. For an admission to the bar and certificate under seal, ten dollars. For preparing the record or a transcript thereof for the printer, indexing the same, supervising the printing, and distributing the printed copies to the justices, the reporter, the law library, and the parties or their counsel, fifteen cents per folio; but when the necessary printed copies of the record, as printed for the use of the lower court, shall be furnished, the fee for supervising shall be five cents per folio. For making a manuscript copy of the record, when required under Rule 10, twenty cents per folio, but nothing in addition for supervising the printing. For issuing a writ of error and accompanying papers, five dollars. For a mandate or other process, five dollars. For filing briefs, five dollars for each party appearing. For every printed copy of any opinion of the court or any justice thereof, certified under seal, two dollars. OPINIONS OF THE COURT. 1. All opinions delivered by the court shall, imme- diately upon the delivery thereof, be handed to the 34 BULES SUI^EMB COURT UNITED STATES. clerk to be printed. And it shall be the duty of the clerk to cause the same to be forthwith printed, and to deliver a copy to the reporter as soon as the same shall be printed. 2. The original opinions of the court shall be filed with the clerk of this court for preservation. 3. Opinions printed under the supervision of the justices delivering the same need not be copied by the clerk into a book of records; but at the end of each term the clerk shall cause such printed opinions to be bound in a substantial manner into one or more vol- umes, and when so bound they shall be deemed to have been recorded. CALL AND ORDER OF THE DOCKET. 1. The court, on the second day in each term, will commence calling the cases for argument in the order in which they stand on the docket, and proceed from day to day during the term in the same order (except as hereinafter provided) ; and if the parties, or either of them, shall be ready when the case is called, the same will be heard; and if neither party shall be ready to proceed in the argument, the case shall be con- tinued to the next term of the court unless some good and satisfactory reason to the contrary shall be shown to the court. 2. Ten cases only shaU be considered as liable to be called on each day during the term. But on the coming in of the court on each day the entire number of such ten cases will be called, with a view to the disposition of such of them as are not to be argued. RULES SUPREME COURT UNITED STATES. 35 3. Criminal cases may be advanced by leave of the court on motion of either party. 4. Cases once adjudicated by this court upon the merits, and again brought up by writ of error or appeal, may be advanced by leave of the court on motion of either party. 5. Revenue and other cases in which the United States are concerned, which also involve or affect some matter of general public interest, or which may be entitled to precedence under the provisions of any act of Congress, may also by leave of the court be advanced on motion of the Attorney-General. 6. All motions to advance cases must be printed, and must contain a brief statement of the matter involved, with the reasons for the application. 7. No other case will be taken up out of the order on the docket, or be set down for any particular day, except under special and peculiar circumstances to be shown to the court. 8. Two or more cases, involving the same question, may, by the leave of the court, be heard together, but they must be argued as one case. 9. If, after a case has been passed, the parties shall desire to have it heard, they may file with the clerk their joint request to that effect, and the case shall then be by him reinstated for call ten cases after that under argument, or next to be called at the end of the day the request is filed. If the parties will not unite in such a request, either may move to take up the case, and it shall then be assigned to such place upon the docket as the court may direct. 36 RtrUBS SUPREME COURT UNITED STATES. 10. No stipulation to pass a case will be recognized as binding upon the court. A case can only be so passed upon application made and leave granted in open court. 27. ADJOURNMENT. The court will, at every term, announce on what day it will adjourn at least ten days before the time which shall be fixed upon, and the court will take up no case for argument, nor receive any case upon printed briefs, within three- days next before the day fixed upon for adjournment. DISMISSING CASES IN VACATION. Whenever the plaintiff and defendant in a writ of error pending in this court, or the appellant and appellee in an appeal, shall in vacation, by their attorneys of record, sign and file with the clerk an agreement in writing directing the case to be dismissed, and specifying the terms on which it is to be dismissed as to costs, and shall pay to the clerk any fees that may be due to him, it shall be the duty of the clerk to enter the case dismissed, and to give to either party requesting it a copy of the agreement filed; but no mandate or other process shall issue without an order of the court. 39. SUPERSEDEAS. , Supersedeas bonds in the district courts and Circuit Courts of Appeals must be taken, with good and EULES SUPREME COUET UNITED STATES. 37 sufficient security, that the plaintiff in error or appellant shall prosecute his writ or appeal to effect, and answer aU damages and costs if he fail to make his plea good. Such indemnity, where the judg- ment or decree is for the recovery of money not otherwise secured, must be for the whole amount of the judgment or decree, including just damages for delay, and costs and interest on the appeal ; but in all suits where the property in controversy necessarily follows the event of the suit, as in real actions, replevin, and in suits on mortgages, or where the property is in the custody of the marshal under admiralty process, as in case of capture or seizure, or where the proceeds thereof, or a bond for the value thereof, is in the custody or control of the court, indemnity in all such cases is only required in an amount sufficient to secure the sum recovered for the use and detention of the property, and the costs of the suit, and just damages for delay, and costs and interest on the appeal. 30. REHEARING. A petition for rehearing after judgment can be presented only at the term at which judgment is entered, unless by special leave granted during the term; and must be printed and briefly and dis- tinctly state its grounds, and be supported by certificate of counsel; and will not be granted, or permitted to be argued, unless a justice who con- curred in the judgment desires it, and a majority of the court so determines. 38 BTTLES STJPEEME COTJET UNITED STATES. 31. FORM 01- PRINTED RECORDS AND BRIEFS. All records, arguments, and briefs, printed for the use of the court, must be in such form and size that they can be conveniently bound together, so as to make an ordinary octavo volume; and, as well as all quotations contained therein, and the covers thereof, must be printed in clear type (never smallel than small pica) and on unglazed paper. 33. WRITS OF ERROR AND APPEALS IN CASES INVOLVING JURISDICTION OF LOWER COURT. Cases brought to this court by writ of error or ap- peal, where the only question in issue is the question of the jurisdiction of the court below, will be advanced on motion, and heard under the rules prescribed by Rule 6, in regard to motions to dismiss writs of ert-or and appeals. 33. MODELS, DIAGRAMS, AND EXHIBITS OF MATERIAL. 1. Models, diagrams, and exhibits of material forming part of the evidence taken in the court be- low, in any case pending in this court, on writ of error or appeal, shall be placed in the custody of the mar- shal of this court at least one month before the case is heard or submitted. 2. All models, diagrams, and exhibits of material, placed in the custody of the marshal for the inspec- tion of the court on the hearing of a case, must be taken away by the parties within one month after the case is decided. When this is not done, it shall RULES SUPREME COURT UNITED STATES. 39 be the duty of the marshal to notify the counsel in the case, by mail or otherwise, of the requirements of this rule; and if the articles are not removed within a reasonable time after the notice is given, he shall destroy them, or make such other disposition of them as to him may seem best. 34. CUSTODY OF PRISONERS ON HABEAS CORPUS. 1. Pending an appeal from the final decision of any court or judge declining to grant the writ of habeas corpus, the custody of the prisoner shall not be disturbed. 2. Pending an appeal from the final decision of any court or judge discharging the writ after it has been issued, the prisoner shall be remanded to the custody from which he was taken by the writ, or shall, for good cause shown, be detained in custody of the court or judge, or be enlarged upon recognizance as here- inafter provided. 3. Pending an appeal from the final decision of any court or judge discharging the prisoner, he shall be. enlarged upon recognizance, with surety, for appear- ance to answer the judgment of the appellate court, except where, for special reasons, sureties ought not to be required. 35. ASSIGNMENT OF ERRORS. 1. Where an appeal or a writ of error is taken from a district court direct to this court, under section 238 of the act entitled "An act to codify, revise, and amend the laws relating to the judiciary," 40 BTJLES SUPREME COUET UNITED STATES. approved March 3, 1911, chapter 231, the plain- tiff in error or appellant shall file with the clerk of the court below, with his petition for the writ of error or appeal, an assignment of errors, which shall set out separately and particularly each error as- serted and intended to be urged. No writ of error or appeal shall be allowed untU such assignment of er- rors shall have been filed. When the error alleged is to the admission or to the rejection of evidence, the assignment of errors shall quote the full substance of the evidence admitted or rejected. When the error alleged is to the charge of the court, the assign- ment of errors shall set out the part referred to totidem verbis, whether it be in instructions given or in in- structions refused. Such assignment of errors shall form part of the transcript of the record, and be printed with it. When this is not done counsel will not be heard, except at the request of the court; and errors not assigned according to this rule will be disregarded, but the court, at its option, may notice a plain error not assigned. 2. The plaintiff in error or appellant shall cause the record to be printed, according to the provisions of sections 2, 3, 4, 5, 6, and 9, of Rule 10. 36. APPEALS AND WRITS OF ERROR FROM DISTRICT COURTS. 1. An appeal or a writ of error from a district court direct to this court, in the cases provided for in §§ 238 and 252 of the act entitled, "An act to codify, revise, and amend the laws relating to the judiciary," approved March 3, 1911, chapter EtTLES SUPREME COUKT UNITED STATES. 41 231, may be allowed, in term time or in vacation by any justice of this court, or by any circuit judge assigned to the district court, or by any district judge within his district, and the proper security be taken and the citation signed by him, and he may also grant a supersedeas and stay of execution or of proceedings, pending such writ of error or appeal. 2. Where such writ of error is allowed in the case of a conviction of an infamous crime, or in any other criminal case in which it wUl lie under section 238, the district court, or any judge thereof, or any justice of this court, or any circuit judge assigned to the district court, shall have power, after the citation is served, to admit the accused to bail in such amount as may be fixed. s?. CASES CERTIFIED AND PETITIONS FOR WRITS OF CERTIORARI. 1. Where, under section 239 of the act entitled "An act to codify, revise, and amend the laws relat- ing to the judiciary," approved March 3, 1911, chap- ter 231, a Circuit Court of Appeals shall certify to this court a question or proposition of law, concerning which it desires the instruction of this court for its proper decision, the certificate shall contain a proper statement of the facts on which such question or proposition of law arises. 2. If application is thereupon made to this court that the whole record and cause may be sent up to it for its consideration, the party making such applica- tion shall, as a part thereof, furnish this court with a certified copy of the whole of said record. 42 EULES StrPEEME COUET UNITED STATES. 3. Where an application is submitted to this court for a writ of certiorari to review a decision of a Circuit Court of Appeals or any other court, it shall be necessary for the petitioner to furnish as an exhibit to the petition a certified copy of the entire transcript of record of the case, including the proceedings in the court to which the writ of certiorari is asked to be directed. The petition shall contain only a summary and short statement of the matter involved and the general reasons relied on for the allowance of the writ. A failure to comply with this provision wiU be deemed a sufficient reason for denying the petition. Thirty printed copies of such petition and of any brief deemed necessary shall be filed. Notice of the date of submission of the petition, together with a copy of the petition and brief, if any, in support of the same shall be served on the counsel for the respondent at least two weeks before such date in all cases except where the counsel to be notified resides west of the Rocky Mountains, m which cases the time shall be at least three weeks. The brief for the respondent, if any, shall be filed at least three days before the date fixed for the sub- mission of the petition. Oral argument will not be permitted on such petitions, and no petition will be received within three days next before the day fixed upon for the adjournment of the court for the term. 4. An application for a writ of certiorari will be deemed in time when the petition therefor, accom- panied by the printed record and brief, is filed within EULES SUPREME COXJET UNITED STATES. 43 the period prescribed by law, provided this is fol- lowed by submitting the petition in open court on some motion day not later than the first one which follows a period of four weeks after such filing. No- tice of the date of submission and copies of the petition and brief must be served as required by section 3 of this rule. 38. INTEKEST, COSTS, AND FEES. The provisions of Rules 23 and 24 of this court, in regard to interest and costs and fees, shall apply to writs of error and appeals and reviews under the provisions of sections 238, 239, 240, and 241 of the act entitled " An act to codify, revise, and amend the laws relating to the judiciary," approved March 3, 1911, chapter 231. 39. MANDATES. Mandates shall issue as of course after the expira- tion of thirty days from the day the judgment or decree is entered, unless the time is enlarged by order of the court, or of a justice thereof when the coiirt is not in session, but during the term. 40. PRACTICE IN CASES FROM CIRCUIT COURTS OF APPEALS. The provisions of these rules relating to the prac- tice on direct writs of error to and appeals from the district courts shall also be deemed to relate to and cover the practice on writs of error to and appeals from the Circuit Court of Appeals. RULES IN REFERENCE TO APPEALS FROM THE COURT OF CLAIMS. REIGVLATIONS PRBSCRIBED BY THE SITPRDME! COURT OP THE UNITED STATES UNDER "WHICH APPEALS MAY BE TAKEN FROM THE COURT OF CLAIMS TO SAID SUPREME COURT. In all cases hereafter decided in the Court of Claims in wMcli, by the act of Congress, such appeals are allowable, they shall be heard in the Supreme Court upon the following record, and none other: 1. A transcript of the pleadings in the case, of the final judgment or decree of the court, and of such interlocutory orders, rulings, judgments, and decrees as may be necessary to a proper review of the case. 2. A finding by the Court of Claims of the facts in the case established by the evidence in the na- ture of a special verdict, but not the evidence establishing them; and a separate statement of the conclusions of law upon said facts, upon which the court founds its judgment or decree. The finding of facts and conclusions of law to be cer- tified to this court as a part of the record. 45 46 EUIiES SUPREME COURT UNITED STATES. OCTOBER TEEM, 1882. Ordered, That Eule 1, in reference to appeals from the Court of Claims, be, and the same is hereby, made applicable to appeals in all cases heretofore or hereafter decided by that court un- der the jurisdiction conferred by the act of June 16, 1880, c. 243, " to provide for the settlement of all outstanding claims against the District of Columbia, and conferring jurisdiction on the Court of Claims to hear the same, and for other purposes." Rule 2. In all cases in which judgments or decrees have heretofore been rendered, where either party is by law entitled to an appeal, the party desiring it shall make application to the Court of Claims by petition for the allowance of such appeal. Said petition shall contain a distinct specification of the errors alleged to have been committed by said court in its rulings, judgment, or decree in the case. The court shall, if the specification of the alleged error be correctly and accurately stated, certify the same, or may certify such alternations and modifications of the points decided and alleged for error as, in the judgment of said court, shall distinctly, fully, and fairly present the points de- cided by the court. This, with the transcript men- tioned in Eule 1 (except the statement of facts and law therein mentioned), shall constitute the RULES SUPREME COtJRT UNITED STATES. 47 record on wMch those eases shall be heard in the Supreme Court. Rule 3. In all eases an order of allowance of appeal by the Court of Claims, or the chief justice thereof in vacation, is essential, and the limitation of time for granting such appeal shall cease to run from the time an application is made for the allowance of appeal. Rule 4. In all cases in which either party is entitled to appeal to the Supreme Court, the Court of Claims shall make and file their finding of facts, and their conclusions of law therein, in open court, before or at the time they enter their judgment in the case, Rsle 5. In every such case each party at such time before trial and in such form as the court may prescribe, shall submit to it a request to find all the facts which the party considers proven and deems material to the due presentation of the case in the finding of facts. 32406° — 18 1 RULES OF PRACTICE FOR THE COURTS OF EQUITY OF THE UNITED STATES PROMULGATED BY THE ' StrPEEME COURT OF THE UNITED STATES NOVEMBER 4, 1912 WASHINGTON GOVERNMENT PRINTING OFFICE 1918 INDEX TO EQUITY RULES. Abatement, defenses formerly presentable by, to be made in Euie. Page. answer 29 36 Abeence of persons ■who would be proper parties 39 41 Account: Matters of, reference to master 59 53 To be identified but not stated in master's report 61 54 Forms of , before master 63 55 Action: At law, erroneously begun as suit in equity, transfer 22 32 Joinder of, causes of 26 34 To be presented in name of real party in interest 37 40 Additional rules, by district court 79 65 Administrator as party 37 40 Admissibility of evidence offered to be passed on by court 46 44 Admission of execution, etc., of documents, etc 58 52 Advancement of causes, notice of interlocutory orders, etc 6 26 Affidavit: Plaintiff's, of noncompliance with decree, attachment to issue 8 27 To be made of service of process by person appointed therefor 15 30 Of expert witnesses in patent and trade-mark cases, pro- visions as to 48 45 Required on application for continuance 57 50 To be identified but not stated in master's report pi 54 Previously used in court, etc . , may be used before master . 64 56 On application for preliminary injunction 73 60 Affirmation ia lieu of oath 78 64 Agreed statement, record on appeal 77 64 Alternative defenses may be stated in answer 30 37 Amended bill, answer to 32 38 Amendments: Generally 19 31 Permitted of any process, pleading, record, etc 19 31 Of bill- As of coiirse 28 35 Kot after defendant's pleading filed, except, etc 28 36 On suggestion of defect of parties. . .'. 43 43 Of pleadings on substitution of parties 45 44 3 INDEX TO EQUITY KULES. Answer: Bale. Page. Subpcena, proper process to -compel 7 26 Time for 12 29 To be filed within time named in subpoena 16 30 Enlarging time for filing 17 31 When to be filed, on motion set aside decree pro confesso. . 17 31 Exceptions to, for scandal and impertinence, shall not obtain 21 32 Defenses to be presented in 29 36 To be fUed if motion to dismiss denied ., 29 36 If not filed, decree pro confesso entered 29 36 defenses formerly presentable by plea in bar or abate- ment, to be made in 29 36 What to contain 30 37 Amendment of, by leave, on reasonable notice 30 37 To omit statement of evidence 30 37 To avoid general denial of averments of bill 30 37 To specifically admit, or deny, or explain facts upon which plaiatiff relies 30 37 Contents, counterclaim. 30 37 To state counterclaims 30 37 May state defenses in alternative 30 37 Cause at issue on filing of, unless, etc 31 38 To amended bill 32 38 New or supplemental, to be filed to amended bill 32 38 Exceptions for insufficiency of, abolished 33 39 If insufficient may be amended or matter stricken out. . . 33 39 When defect of parties suggested, proceedings on 43 43 May be stricken out for failure to answer interrogations or produce documents : 68 53 To be identified but not stated in master's report 61 54 Appeal: Injunction pending 74 61 Record on — Differences as to 75 63 Reduction and preparation : 75 61 Costs— correction of omissions '76 63 Agreed statement 77 64 Appearance: Filed with clerk to be noted in equity docket 3 24 Subpoena proper process to compel 7 26 Appellant: To notify opposing party or solicitors, etc 75 61 To file praecipe indicating portion of record on appeal 75 61 To condense evidence, etc 75 62 Appellate court: Not to reverse decree uidess 46 44 May direct further steps as justice may require 46 45 INDEX TO EQXnTY EXILES. 5 Appellee to file praecipe indicating additional portions of rec- Euie. Page. ord on appeal 75 6X Appointment and fees of stenographers 50 46 Appointment and compensation of masters 68 57 Assistance, writ of: When to issue 7 26 On refusal to obey decree for delivery of possession 9 28 Attachment: Provisions as to 7 26 For noncompliance with decree 8 27 Not to be discharged unless upon full compliance with decree, etc 8 27 May issue for failure to answer interrogatories or produce documents 58 52 Attendance of witnesses before commissioner, master, or ex- aminer 52 48 Averments of bill, if not denied, deemed confessed, except, etc 30 37 BiU: Subpoena proper mesne process to compel appearance and answer to 7 26 When filed, clerk to issue subpoena 12 29 May be taken pro confesso if answernot filed, etc 12 29 Exceptions to, for scandal and impertinence, shall not obtain 21 32 To be signed by solicitors 24 33 Of complaint, contents 25 33 Stockholder's. 27 35 Stockholder's, what to contain 27 35 Amendment of, as of course 28 35 Amended, answer to 32 38 Supplemental, what necessary in 35 39 Of revivor and supplemental bills, what necessary in 35 39 May be dismissed for failure to answer interrogatories" or produce documents 58 52 Verification of, on application for preliminary injunc- tion, etc 73 60 Bond on order suspending, etc., injunction pending appeal. . 74 61 Books: Clerk to keep equity docket, order book, equity joiu^al. 3 24 ■ Papers, etc., production of, required by master 62 55 Calendar, trial, case goes on, when , 56 50 Cause, speeding, provision as to, on motion set aside decree pro confesso 17 30 Causes: Advancement, conduct, and hearing of, notice of inter- locutory orders for - 6 26 Of action, joinder of 26 34 Frivolous, imposition of costs on exceptions to master's report 67 57 6 IKTDEX to equity ETJIiES. Bule. Fage. Certificate, signature of solicitor to pleading to be considered . . 24 33 Chambers, awarding process, commissions, orders, rules, etc., by judge at 1 23 Charge to be identi^ed but not stated in master's report 61 54 Circuit court of appeals, if appeal lies to, rehearing not granted after term ; 69 58 Circuit judge may dispense with motion day if public interest permits 6 25 dtiiensMp, name, and residence of each party to be stated in bill .: - 25 33 - Claim, further and better statement of nature of, may be ordered 20 32 Claimants before master, examinable by him 65 56 Class, representatives of , may sue or defend 38 41 Clerical mistakes in orders and decrees, correction of 72 59 Clerk: Dutiesof 2 23 To keep — Equity docket 3 24 Orderbook 3 24 Equity journal 3 24 Motions grantable of course by 5 25 To grant as of course, motions and applications not re- qinring order of court or judge 5 25 To issue writ of assistance on refusal to obey decree for delivery of poasession 9 28 To issue subpoena when bill filed, and not before 12 29 Of court, verification of pleadings before 36 40 To send copies of interrogatories to solicitors of record 58 52 Office of— Awarding of process, commissions, orders, rules, etc., by judge at 1 23 When open 2 23 Master to retvim report into 66 56 Temporary restraining orders to be filed in 73 61 Statement as to appeal to be filed in 75 63 Commissioner, attendance of witnesses before 52 48 Commissions, award of, by judge at chambers, etc 1 23 Compensal^on and appointment of masters 68 57 Compensation of master to be fixed by court 68 57 Competency, etc., of questions asked before examiner not to be decided by him 51 47 Computation of time— Sundays and holidays 80 65 Conduct of causes, notice of interlocutory orders for 6 26 Contempt for noncompliance with mandatory order, etc 8 27 Continuances, provisions as to 57 50 Copy of praecipe: Indicating portions of record on appeal ; " 75 62 Service of , indicating, etc 75 61 INDEX TO EQtriTY RULES. Bule. Page. Corporate officer to sign interrogatories under oath 58 52 Corporation: ^hen interrogatories to be answered by officer of 58 52 Stockholder's bill agaiaet 27 35 Correction: Clerical mistakes in orders and decrees 72 59 Omissions in transcript on appeal 76 63 Costs: Payment of, and full compliance with decree before a discharge of attachment 8 27 Of plaintiff to be paid before court will set aside decree pro confesso, etc 17 31 Terms as to, when further and particular statement in pleading required 20 32 To nominal parties 40 42 Stenographer's fees to be taxed as 50 47 Of incompetent, etc . , depositions to be dealt with by court 51 47 On continuances, provisions as to 57 50 On proving execution or genuineness of document, etc. . 58 53 On' reference to master , 59 53 On exception to master's report 67 57 May be imposed upon offending solicitors 76 63 ' Imposition of, for infraction of rule as to record on appeal. . 76 63 Coupsel: Signatureof 24 33 To give notice of taking testimony before examiner, etc. . 53 49 Consent of, to continuances, provisions as to 57 50 To sign petition for rehearing 69 58 Counterclaim : To be stated in answer 30 37 To be replied to 31 38 In default of reply to, decree pro confesso entered 31 38 Court: On motion or own initiative, may order redundant, imper- tinent, or scandalous matter stricken out. 21 32 Testimony usually to be taken in, at trial...- 46 44 Todeal with cost of incompetent, etc., depositions 51 47 Contempt of, by witness refusing to appear before com- missioner, master, or examiner 52 48 May appoint standing masters in chancery 68 57 Provisions as to approval by, of appellant^s statement, etc. , on appeal 75 62 District, additional rules by 79 65 Creditor making claicQ before master examinable by him 65 56 Crossbill — counterclaim to be stated in answer, and not by.. 30 37 Cross-examination of expert witnesses in patent and trade- mark cases 48 46 Cross-examination of witness where no notice of deposition given 54 49 8 INDEX TO EQUITY RULES. Damage. Eule. Page. Averments in bill as to 30 37 To be shown on application for preliminary injunction... 73 60 Death of party, revivor '. 45 44 Decrees of court to be entered in equity journal 3 24 Decrees: Process to issue to compel obedience to 7 26 Compelling obedience to, writ of sequestration 8 27 Discharge of attachment upon compliance with 8 27 For specific performance, provision as to 8 27 For performance of specific act, attachment when 8 27 Solely for payment of money, writ of execution on 8 26 Final, enforcement of 8 26 For delivery of possession, writ of assistance on refusal to obey ' 9 28 For deficiency in foreclosures, etc 10 28 Pro confesso— On default in answer 16 30 When may be set aside ". 17 31 To be followed by final decree . ^ 17 31 Final, following decree pro confesso 17 31 Pro confesso — Entered, if answer not filed, etc 29 36 In default of reply to counterclaim 31 38 Not to be reversed unless material prejudice would result . . 46 44 Form of 71 59 Shall not recite pleadings 71 59 Correction of clerical mistakes in 72 59 Final, appeals from in injunction suits 74 61 To be sent up with agreed statement on appeal 77 64 Deeds, etc., decree for delivering up, attachment in 8 27 Default: To answer, bill taken pro confesso >. 16 30 Of reply to counterclaim, decree pro confesso 31 38 In answer to amended bill, proceedings on 32 39 Defect: Court to disregard in proceeding not affecting substantial rights 19 31 Of parties — Resisting objection 43 43 Tardy objection to 44 .43 Defendant: Subpcena proper process to compel appearance and answer of : 7 26 If not found, writ of sequestration proper process to issue, etc 7 26 To take notice of certain decrees 8 27 Required to file answer on or before twentieth day after service of subpoena 12 29 IKDEX TO EQUITY RULES. V Defendant — Continued. Euie. Page. Service of subpoena to be upon 13 29 To answer -within time named in subpoena l6 30 Person refusing to join as plaintiff or defendant may be made defendant 37 41 Time within which to take deposition for. 47 45 Defense: Further and better statement of nature of, may be ordered . 20 32 How presented 29 36 What to be heard separately and disposed of before trial, etc 29 36 Testing sufficiency of 33 39 Deficiency in foreclosures, etc., decree for 10 28 Delay: Signatiure of solicitor to pleadings certificate that plead- ings not interposed for 24 33 Master to certify reason for any to court 60 54 Imposition of costs for, on exceptions to master's report. 67 57 Delivery of possession, writ of "assistance to enforce 7 26 Demands, joint and several .- 42 42 Demiurers abolished 29 36 Depositions: To be taken in exceptional instances 47 45 Time within which to be taken 47 45 Taken before examiners, etc 49 46 Expense of taking to be advanced by party calling wit- nesses 50 47 Court to deal with costs of incompetent, etc. . . ^ 51 47 Under R. S. 863, 865, 866, 867— cross-examinatidn 54 49 Deemed published when filed 55 49 On expiration of time for, case goes on trial calendar. ... 56 50 To be identified but not set forth in master's report 61 54 May be taken by master 62 55 Etc., former, may be used before master , 64 56 Previously used in court may be used before master 64 56 Differences concerning directions as to contents of record on appeal, provisions as to 75 63 Disability of any party to be stated in biU 25 33 Discovery, interrogatories for, when to be filed 58 52 Dismiss, motion to, setting down for hearing 29 36 Dismissal of causes continued, if not reinstated 57 51 District courts: Always open for certain purposes 1 23 To establish times and places when motions may be made and disposed of ■ 6 25 Additional rules by 79 65 District judge may make, direct, and award process, commis- sions, orders, rules, etc ._ 1 23 10 INDEX TO EQtITTY RULES. Documents: Eule. Page. Inspection and production of 58 52 Court may enforce inspection and production of 58 52 Interrogatories^for discovery of, when to be filed . 58 52 Execution or genuineness of, call for admission of 58 63 Identified but not set forth in master's report 61 54 Production of, required by master 62 55 Previously used in court may be used before master 64 56 Dwelling house, service of subpoena by leaving copy at 13 29 Equity docket: Clerk to keep 3 24 Indexof - 3 24 Noting of order in, not notice 4 24 Day of return of master's report to be entered in 66 57 Equity journal: Clerktokeep 3 24 Indexof 3 24 Equity, suit in: Action at law erroneously begun as — transfer 22 32 Matters ordinarily determinable at law when arising in, to be disposed of therein 23 33 Error or defect in proceedings, court to disregard when not affecting substantial rights. 19 31 Evidence: Mere statement of , to be omitted from bill 25 34 Admissibility of , to be passed on by court 46 44 Offered and excluded, proceedings on 46 44 Affidavits of expert witnesses in patent and trade-mark cases, when not to be used as 48 46 Taken before examiners to be returned to court 49 46 Taken before examiners, provisions as to 51 47 Objections to, taken before examiner, etc 51 47 Court or judge may enforce answers to interrogatories and production of documents containing 58 52 Master may direct mode of proving matters before him 62 55 Before master on examination to be taken down 65 56 How to be stated in record 75 62 Ex parte, cause to be proceeded with after decree pro conf esso . 16 3Q Examination to be identified but not stated in master's report. 61 54 Examiners: Evidence taken before — To be returned to court 49 46 Provisions as to 51 47 Not to decide on competency, materiality, or relevancy of questions Bl 47 Attendance of witnesses before 52 48 Notice of taking testimony before, etc 53 49 Cross-examination of witness before 54 49 INDEX TO EQUITY RULES. 11 Exceptions: E.ule. Page. For insufficiency of answer abolished 33 39 To evidence offered and excluded, provisions as to 46 44 To master's report •. 66 57 Costs on... 67 57 Execution: ^ Writ of , provisions as to 8 26 Admission of, of documents, etc 58 52 Executor as party 37 40 Expert witnesses, testimony of, in patent and trade-mark cases •. 48 46 Facts: Ultimate statement of., upon which relief asked, to be statedinbUl 25 34 Insufficiency of, as defense, how presented 29 36 Material, may be alleged in supplemental pleading 34 39 Not to be stated in master's report 61 54 Fees of stenographer 50 46 File number, each suit and all papers, process, etc., to be marked with, and noted on equity docket 3 24 Filing of deposition deemed publication 55 49 Final hearing, points of law may be disposed of before 29 36 Final process: ~ Issue and return of 1 23 To be served by marshal, deputy, etc 15 30 Foreclosure of mortgages, etc., decree for balance due 10 28 Form of accounts before master 63 55 Form of decree 71 59 Former depositions, etc. , may be used before master. .' 64 56 Forms: Technical, of pleadings abrogated .^ 18 31 Alternatives-prayer for specific relief may be in 25 34 Genuineness of documents, admission of, etc 58 53 Guardian: As party 37 40 May sue for infants 70 59 Ad litem, may be appointed by court or judge, etc 70 58 Hearing: On merits — ^making and directing interlocutory motions, orders, rules, etc., preparatory to ) 23 Of causes, notice of interlocutory orders for 6 26 Final, points of law may be disposed of before 29 36 On exceptions to report of master 66 57 Heir as party to suits to execute trusts of will 41 42. Holidays: Legal, Clerk's office not open 2 23 Computation of time 80 65 Impertinence, scandal, exceptions to bills, answers, etc., for, shall not obtain --- 21 32 12 INDEX TO EQUITY RULES. Bule. Page. Incompetents, suits by or against 70 58 Indices of equity docket, order book, and eqiiity journal, clerk tokeep 3 24 Infants: Nothing to be taken against as confessed 30 37 Nominal parties in suits not against 40 42 May sue by guardian or by prochein ami , 70 59 Guardians ad litem may be appointed to defend suits against 70 58 Injunction; For specific performance, provision as to 8 27 Preliminary, and temporary restraining orders 73 60 Pending appeal 74 61 Insufficiency of fact, defense of , how presented 29 36 Interlocutory motions, orders, rules, etc., making and direct- ing ' 1 23 Interrogatories: Written, practice as to, to be followed in case of refusal of witness before master, examiner, etc 52, 48 Whentobefiled 58 52 When to be answered, etc 58 52 Court may enforce answers to 58 52 To be answered separately and fully, in writing, under oath andsigned 58 52 Objections to, provisions as to 58 52 Copies to be sent by clerk to solicitors of record 58 52 Examination of accounting party before master on 58 52 Claimants before master examinable on • 65 56 Intervention, when allowed 37 41 Issue: Of subpoena....- 12 29 Cause at, upon filing of answer, except, etc 31 38 Joinder of causes of action 26 34 Joinder of parties, provision as to 37 40 Joint and several demands 42 42 Judge: District, may make, direct, and award process, commis- sions, orders, rules, etc 1 23 In chambers, orders by , to be entered in order book 3 24 May suspend, alter, or rescind motion granted as of course byclerk 5 25 Onnotice,if any, may make interlocutory orders, etc 6 26 Verification of pleadings before 36 40 Jurisdiction , ground on which depends to be stated in bill 25 34 Justice, convenient administration of, joinder of causes of action to promote 26 35 Land, decree for conveyance of, attachment in 8 27 INDEX TO EQUITY RULES. 13 L^^- _ Rule. Page. Action erroneously begun as suit in equity — ^transfer 22 32 Matters ordinarily determinable at, when arising in suit in equity, to be disposed of therein 23 33 Points, of, may be disposed of before final hearing 29 36 Letter, call for admission of genuineness of, etc 58 53 Loss, immediate and irreparable, to be shown on application for temporary restraining order.. J, 73 60 Lunatic, nothing to be taken against as confessed 30 37 Marshal, deputy, etc., to serve all process, except 15 30 Master: Attendance of witnesses before 52 48 Reference to, exceptional not usual 59 53 Proceedings before 60 • 54 Dutiesof 60 54 May proceed ex parte when 60 54 May adjourn examination, etc., when 60 54 To proceed with reasonable diligence 60 54 Reports of — documents to be identified but not set forth. 61 54 Powersof 62 55 To regulate all proceedings before him 62 55 May require production of all books, papers, etc 62 55 Form of accounts before 63 55 Former depositions, etc., may be used before 64 56 Claimants before, examinable by him 65 56 Appointment and compensation of 68 57 Entitled to attachment for his compensation, when 68 58 Not to retain report as security for compensation 68 58 Pro hac vice, in particular cases, may be appointed by court 68 57 In chancery, standing, may be appointed by the com-t. . 68 57 Master's report: Return of — exceptions — Shearing 66 56 Costs on exception to 67 57 Not to be recited in decree or order 71 59 Material supplemental matter may be set forth in amended pleadings 19 31 Materiality of questions not to be decided by examiner 51 47 Matter: Further and better particulars of, in any pleading may be ordered 20 32 New or affirmative, in answer, deemed denied by plaintiff. 31 38 Matters- ordinarily determinable at law, when arising in suit in equity, to be disposed of therein 23 33 Merits, hearing on — makirig and directing interlocutory mo- tions, orders, rules, etc . , preparatory to 1 23 Mesne process: Issuing and returning. 1 23 Subpoena shall constitute proper 7 26 To be served by marshal, deputy, etc 15 30 14 INDEX TO EQUITY ETILES. Bute. Misjoinder, defense of, how presented 29 36 Mistakes, clerical, correction of, in orders and decrees 72 59 Money, payment of, final process to execute decree for 8 26 Mortgages, foreclosure of, decree for balance due 10 28 Motions: Interlocutory, malring and directing 1 23 When may be made 1 23 Etc., grantable of course, received and disposed of by clerk 2 23 Grantable of course by clerk 5 25 For mesne process grantable of course by clerk 5 25 And applications not requiring order of court or judge grantable of course by clerk 5 25 Grantable of course by clerk may be suspended, etc., by judge 5 25 Requiring notice and hearing, times and places for 6 25 To enlarge time for filing answer 17 31 Will not be granted unless payment of costs, etc 17 31 To strike out, to test sufficiency of answer 33 39 Motion day >. 6- 25 May be dispensed with by senior circuit judge 6 26 Motion to dismiss, defenses to be presented in '. '. 29 36 Names of plaintiff and defendant to be stated in bill 25 33 Nominal parties 40 42 Non est inventus, rettn-n of, issuance of writ of sequestration.. 8 27 Nonjoinder, defense of, how presented 29 36 Notary public, verification of pleadings before 36 40 Notice: Beasonable, to parties, of process, conunissions, orders, rules, etc 1 23 Oforders 4 25 Order without prior, to be mailed by clerk to party, etc. . 4 25 Of interlocutory orders, etc 6 26 Defendant to take, of certain decrees 8 27 Of motion to dismiss 29 36 Reasonable, of amendment of answer, by leave, etc 30 37 Reasonable, of filing supplemental pleading 34 39 To be given to parties to be substituted : ~ 45 44 Reasonable, of motion to enforce answers, etc 58 52 Of taking testimony before examiner, etc 53 49 To parties or solicitors of proceedings before master 60 54 No preliminary injunction granted without 73 60 Oath: May be made by plaintiff if special relief asked .,.-...' 25 34 Stockholder's bill to be verified by 27 35 Interrogatories to be signed under 58 52 Petition for rehearing to be verified by 69 58 Affirmation in lieu of 78 64 INDEX TO EQtnTT RULES. 15 Objections: Kale. Page. To defect of parties 43 43 Tafdy, to defect of parties 44 43 To evidence taken before examiner, provisions as to 51 47 To be noted by examiner, etc 51 47 Officers before whom pleadings verified 36 40 Old rules abrogated 81 65 Omissions: In orders and decrees may be corrected without rehearing . 72 59 Of portions of record on appeal 75 62 Correction of , in record on appeal 76 63 Orders: When may be made : 1 23 Award of, by judge at chambers, etc ^ 1 23 Interlocutory^ making and directiug 1 23 Grantable of course, received and disposed of by clerk. . . 2 23 Filed with clerk to be noted in equity docket i 24 Of court to be entered in equity journal 3 24 Made or passed by clerk, or judge in chambers, to be entered in order book 3 24 Made without notice, to be mailed by clerk 4 25 Noting of, in equity docket or entered in order book, not notice to parties 4 24 Interlocutory, notice of 6 26 Process to issue to compel obed;Lence to 7 26 Mandatory, for specific performance, provision as to 8 27 For delivery of possession, writ of assistance on refusal to obey 9 28 In favor of person not party, how enforced 11 28 Against person not party, how enforced 11 28 That bill be taken pro confesso on default 16 30 Shall not recite pleadings 71 59 Correction of clerical mistakes in 72 59 Temporary restraining, and preliminary injunctions 73 73 Justice or judge may make order suspending, etc^, injunc- tion pending appeal 74 61 Order book: Clerk to keep , , 3 24 To contain all orders made or passed by judge in chambers or by clerk •. 3 24 Index of, clerk to keep 3 24 Entry of order in, not notice 4 24 Papers and orders filed with clerk, etc., to be noted in equity docket 3 24 Papers, production of, required by master 62 55 Parties: Noting or entry of order not notice to 4 24 Persons not made 25 34 Greherally — intervention 37 40 32406°— 18 5 16 INDEX TO EQUITY ETTLES. Parties — Continued. Rule. Page. Joinderof 37 40 Proper, absence of persons who would be 39 41 Nominal, appearance of i 40 42 In cases of joint and several demands 42 42 Defect of , resisting objection ; 43 43 Defect of, tardy objection, proceedings on 44 43 Togivenoticeof taking of testimony before examiner, etc. 53 49 Clerk to send copies of interrogatories to, if there be no record solicitor 58 52 Notice to, of proceedings before master 60 54 Failing to appear before master 60 54 May be examined on oath by master 62 55 Accounting before master, how to bring in accoimts'. .... 63 55 To examine accounting party viva voce or upon inter- rogatory 63 56 Time for filing exceptions to master's report by 66 57 To verify petition for rehearing by oath 69 58 To be given notice of preliminary injunctions, etc 73 60 Party: When order made in absence of, clerk to mail copy 4 25 Heir as, to execute trusts of will 41 42 Death of, revivor 45 44 Procuring reference to master, payment of costs by 59 53 Patent cases, testimony of expert witnesses in 48 46 Persons not parties, process on behalf of and against 11 28 Person appointed to serve process to make affidavit thereof. .'. 15 30 Persons not made parties to bill 25 34 Person, non compos, nothing to be taken against as confessed. 30 37 Persons: Joining as parties 37 40 Who would be proper parties, absence of 39 41 Person making claim before master examinable by him 65 56 Petition for rehearing. 69 58 Plaintiff: Entitled to subpoena as of course when bill filed 12 29 Time within which to take deposition for 47 45 Plea in bar, defenses formerly presentable by, to be made in answer 29 36 Pleadings: Filingof 1 23 Technical forms abrogated 18 31 Court may permit any, to be amended 19 31 Further and particular statement in, may be required. . . 20 32 Further and better particulars of matter stated in any, may be ordered 20 32 Alteration in, on transfer of action at law erroneously begun as suit in equity 22 32 To be signed by solicitoiB 24 33 INDEX TO EQUITY RULES. 17 Pleadings — Continued Euie. Page. When bill may be amended as of course 28 35 Demurrers and pleas abolished 29 36 Supplemental, permitted when 34 39 Officers before whom verified 36 40 Filing, or amendment of, on substitution of parties 45 44 Pleas abolished 29 36 Possession, delivery of, writ of assistance: To enforce 7 26 On refusal to obey decree for 9 28 Powers of master 62 ^5 Practice, additional rules for, by district court 79 65 Praecipe, filing indicating portions of record on appeal 75 61 Prayer for special relief to be stated in bill 25 34 Precedence given to hearing la cases of temporary restraining orders 73 60 Prejudice, unless material, will result appellate court not to reverse decree 46 45 Preliminary injunctions and temporary restraining orders 73 60 Preparation and reduction of record on appeal 75 61 Costs — corrections of omissions 76 63 Pro confesso: Taking bills, motion for, grantable of course by clerk .... 5 25 Bill may be taken when answer not filed, etc 12 29 Decree — On default in answer 16 30 To be followed by final decree 17 30 Entered if answer not filed 29 36 Proceedings before master: Speeding of 60 54 Powers in 62 55 Process: Mesne and final, issuing and returning 1 23 Award of, by judge at chambers, etc 1 23 Issuing and return of 1 23 Issued and returns thereon to be noted in equity docket. . 3 24 For taking bills pro confesso grantable of course by clerk. . 5 25 Mesne or fmal, to enforce and execute decrees grantable of course by clerk '. 5 25 Mesne and final, defined 7 26 In behalf of and against persons not parties 11 28 By whom served 15 30 Mesne and final to be served by marshal, deputy, etc 15 30 May be served by person appointed therefor 15 30 Court may permit any process to be amended 19 31 Additional rules as to, by district court 79 65 Prochein ami may sue for infants - 70 59 Productionofbooks, papers, etc., may be required by master. . 62 55 Publication of deposition, when filed - 55 49 18 INDEX TO EQUITY RULES. Questions, competency, materiality, or relevancy of, not to be Rule. Page. decided by examiner 51, 47 Record: Court may permit any record to be amended 19 31 How evidence to be stated in 75 62 Appellant's statement as to record on appeal to become part of 75 63 On appeal — Indicating portions of 75 61 Additional portions, how indicated 75 61 Reduction and preparation 75 61 Difference as to 75 63 Reduction and preparation — costs — correction of omissions 76 63 Agreed statement 77 64 Reduction and preparation of record on appeal 75 61 Costs — correctious of omissions ^. 76 63 Reference to master — Exceptional, not usual 59 53 Rehearing: Petition for, provisions as to 69 58 Correction of clerical mistakes in orders and decrees with- out 72 59 Reinstatement of causes, continued 57 50 Relevancy of questions not to be decided by examiner, etc . . 51 47 Relief: Special, prayer for, to be stated in bill 25 34 To be verified by oath of plaintiff, etc 25 34 Reply: When required — ^when cause at issue 31 38 None required unless answer asserts set-off or counter- claim 31 38 Report: Master's — To court 60 54 Documents to be identified but not set forth 61 54 Of master — Exceptions, hearing 66 56 Costs on exceptions to 67 57 Not to be recited in decree or order 71 59 Representatives of class may sue or defend 38 41 Residence and citizenship of each party to be stated in bill . . 25 33 Restraining orders, temporary, and preliminary injunctions. . 73 60 Returns on process to be entered on equity docket 3 24 Return: Of subpcena not executed. . .^ 14 29 Of master's report — exceptions — hearing 66 56 Revivor: Bills of, what necessary in 35 39 On death of party 45 44 INDEX TO EQtriTY RTILES. 19 Eights, substantial, court to disregard error or defect in pro- Rule. Page. ceedings which does not afiect 19 31 Rules: When they may be awarded 1 23 Interlocutory, making and directing 1 23 Award of by judge at chambers, etc, 1 23 Grantable of course, received and disposed of by clerk ... 2 23 Additional, by district court •. 79 65 When effective 81 65 Old, abrogated 81 65 Sale, amount due above proceeds of decree for 10 28 Scandal and impertinence 21 32 Scandalous matter, signature of solicitor, certificate that none inserted in pleading 24 33 Sequestration, writ of: Proper process if defendant not found 7 26 Against estate of delinquent 8 27 Person other than disobedient party to comply with man- datory order for specific performance 8 27 Service of subpoena by delivery of copy, etc 13 29 Set-oH to be stated in answer. . , 30 37 Set-off to be replied to 31 38 Signatures, pleadings to be signed by solicitors of record 24 33 Solicitors: Noting or entry of order not notice to 4 24 Of record — To sign every pleading 24 33 To be furnished copy of amended bin 28 36 Clerk to send copies of interrogatories to 58 52 Notice to, of proceedings before master 60 54 Offending, imposition of costs on 76 63 To file prsecipe indicating portions of record on appeal. . . 75 61 Specific performance, by some other person than disobedient party 8 27 Standing masters in chancery, courts may appoint 68 57 Statement: Further and particular in pleading may be required 20 32 Agreed as to record on appeal 77 64 Stenographer — appointment — fees 50 46 Stockholder's bill 27 35 Subpoena: Shall constitute proper mesne process, etc 7 26 . Issue of, time for answer 12 29 To issue when bill filed and not before 12 29 To contain names of parties 12 29 When returnable 12 29 Memorandum at bottom thereof 12 29 Joint, against more than one defendant ^ 12 29 Separately, for each defendant when against more than one. 12 29 20 INDEX TO EQUITY EIXLE8. Subpoena — Continued. Enie. Page. Manner of serving 13 29 Not executed, provision as to 14 29 Alias 14 29 Substitution of proper parties by revivor 45 44 Sufficiency of defense, how tested 33 39 Suits: Papers filed, process issued, etc., to be noted on equity docket 3 24 To execute trusts of will — heir as party 41 42 By or against incompetents 70 58 Supplemental pleading, when may be filed 34 39 Supreme Court, it appeal lies to, rehearing not granted after term 69 58 Sundays: Clerk's office not open 2 23 And holidays — computation of time 80 65 Temporary restraining orders and preliminary injunctions 73 60 Term: Awarding process, commissions, orders, rules, etc., by judge at chambers, etc., in 1 23 Orders, decrees, etc., of court to be entered in equity journal 3 24 Rehearing not granted after, if appeal lies 69 58 Testimony: Usually to be taken in open court at trial 46 44 Of expert witnesses in patent and trade-mark cases 48 46 May be taken down by stenographer 50 47 To be signed by witness 51 47 Of witnesses before examiner to be read to him 51 47 Contempt of court for refusal of witness to give testimony before commissioner, examiner, etc 52 48 Notice of taking, before master or examiner 53 49 No further, by deposition to be taken after case goes on trial calendar, except, etc 56 50 How stated in record on appeal 75 62 Testing sufficiency of defense 33 39 Time: Enlargement of — For full compliance with decree ^ 8 27 To file answer 16 30 On expiration of, for depositions, case on trial calendar. . . 56 50 Computation of — Sundays and holidays 80 65 Trade-mark cases, testimony of expert witnesses in 48 46 Transcript: Cost of, to be advanced by party ordering 50 47 Of evidence before examiner not to include argument. . . 51 47 On appeal — Indicating portions of 75 61 Supplemental, correction of, omissions by 76 64 INDEX TO EQUITY EUIiES. 21 Bole. Page. Transferof action at law erroneously begun as suit in equity.. 22 32 Trial: Testimony usually taken in open court, rulings on objec- tions to evidence 46 44 Calendar, on expiration of time for depositions case goes on 56 go Trials, separate — court may order separate trials of joint ac- tions 26 35 Trustee as party 37 40 Vacation, awarding process, commissions, orders, rules, etc., by judge at chambers in 1 23 Value, averments in bill other than of, if not denied, deemed confessed 30 37 Verification: Bin to be verified by oath if special relief asked 25 34 Of pleadings, officers before whom taken 36 40 Petition for rehearing to be verified by oath, etc 69 58 Viva voce, master may examine persons before him 65 56 Vouchers, production of , required by master 42 55 WUl, execution of trusts of — heir as party 41 42 Witnesses: Testimony usually to be taken in open court 46 44 Depositions of, may be taken when 47 45 Testimony of expert in patent and trade-mark cases 48 46 Before examiners, etc., cross-examination of , etc 49 46 Testimony of — Tobereadto 51 47 To be signed by 51 47 Refusing to sign testimony 51 47 Expense of taking deposition of, to be advanced by party calling 50 47 Attendance of, before commissioner, etc 52 48 Befusing to appear before commissioner, master, or ex- aminer 52 48 Compensation of, for attendance before commissioner, master, or examiner 52 48 May be examined orally before court, or cross-examined before examiner, etc., when no notice of deposition given 54 49 Testimony of, by deposition, after case goes on trial calen- dar 56 50 May be examined on oath by mastar 62 55 Testimony of, how stated in record, on appeal 75 62 Writing, caU for admission of execution of genuineness of 58 53 Writings, production of, required by master 62 55 RULES OF PRACTICE FOR THE COURTS OF EQUITY OF THE UNITED STATES. Rnle 1. DISTKICT COTJET ALWAYS OPEN FOE CEETAIN PtlE- P0SE8 — -OEDEES AT CHAMBEES. The district courts, as courts of equity, shall be deemed always open for the purpose of filing any pleading, of issuing and returning mesne and final process, and of making and directing all inter- locutory motions, orders, rules, and other proceed- ings preparatory to the hearing, upon their merits, of all causes pending therein. Any district judge may, upon reasonable notice to the parties, make, direct, and award, at cham- bers or in the clerk's office, and in vacation as well as in term, all such process, commissions, orders, rules, and other proceedings, whenever the same are not grantable of course, according to the rules and practice of the court. Rule 2. CLEEK'S office always open, EXCEPT, ETC. The clerk's office shall be open during business hours on all days, except Sundays and legal holi - days, and the clerk shall be in attendance for the 23 24 KULES OF PEACTIOE FOR OOtJETS OF EQUITT. purpose of receiving and disposing of all motions, rules, orders, and other proceedings wMch are grantable of course. Rule 3. BOOKS KEPT BY CLERK AND ENTRIES THEREIN. The clerk shall keep a book known as " equity docket," in which he shall enter each suit, with a file number corresponding to the folio in the book. All papers and orders filed with the clerk in the suit, all process issued and returns made thereon, and all appearances shall be noted briefly and chronologically in this book on the folio assigned to the suit and shall be marked with its file number. The clerk shall also keep a book entitled " order book," in which shall be entered at length, in the order of their making, all orders made or passed by him as of course and also all orders made or passed by the judge in chambers. He shall also keep an " equity journal," in which shall be entered all orders, decrees, and pro- ceedings of the court in equity causes in term time. Separate and suitable indices of the equity docket, order book, and equity journal shall be kept by the clerk, under the direction of court. Rule 4. NOTICE OF ORDERS. Neither the noting of an order in the equity docket nor its entry in the order book shall of RULES OF PRACTICE FOR COURTS OF EQUITY. 25 itself be deemed notice to the parties or their solicitors; and when an order is made without prior notice to, and in the absence of, a party, the clerk, unless otherwise directed by the court or judge, shall forthwith send a copy thereof, by mail, to such party or his solicitor, and a note of such mailing shall be made in the equity docket, which shall be taken as sufficient proof of due notice of the order. Rule 5. MOTIONS GKANTABLE OF COURSE BY CLERK. All motions and applications in the clerk's office for the issuing of mesne process or final process to enforce and execute decrees, for taking bills pro confesso, and for other proceedings in the clerk's office which do not require any allowance or order of the court or of a judge shall be deemed motions and applications grantable of course by the clerk; but the same may be suspended, or altered, or rescinded by the judge upon special cause shown. Rnle 6. MOTION DAY. Each district court shall establish regular times and places, not less than once each month, when motions requiring notice and hearing may be made and disposed of; but the judge may at any time and place, and on such notice, if any, as he 26 RULES OF PRACTICE FOR COTJRTS OF EQTJITT. may consider reasonable, make and direct all interlocutory orders, rulings, and proceedings for the advancement, conduct, and hearing of causes. If the public interest permits, the senior circuit judge of the circuit may dispense with the motion day during not to exceed two months in the year in any district. Rule 7. PEOCESS, MESNE AND FINAL. The process of subpcena shall constitute the proper mesne process in all suits in equity, in the first instance, to require the defendant to appear and answer the bill; and unless otherwise pro- vided in these rules or specially ordered by the court a writ of attachment and, if the defendant can not be found, a writ of sequestration or a writ of assistance to enforce a delivery of pos- session, as the case may require, shall be the proper process to issue for the purpose of com- pelling obedience to any interlocutory or final order or decree of the court. Rule 8. ENIFOKOEMENT OP FINAL DECREES. Final process to execute any decree may, if the decree be solely for the payment of money, be by a writ of execution, in the form used in the dis- trict court in suits at common law in actions of assumpsit. If the decree be for the performance RUIiES OF PRACTICE FOR C0XJRT8 OF EQUITT. 27 of any specific act, as, for example, for the execu- tion of a conveyance of land or the delivering up of deeds or other documents, the decree shall in all cases prescribe the time within which the act shall be done, of which the defendant shall be boimd, without further service, to take notice ; and npon affidavit of the plaintiff, filed in the clerk's of&ce, that the same has not been complied with within the prescribed timie, the clerk shall issue a writ of attachment against the delinquent party, from which, if attached thereon, he shall not be discharged, unless upon a full compliance with the decree and the payment of all costs, or upon a special order of the court, or a judge thereof, upon motion and af&davit, enlarging the time for the performance thereof. If the delinquent party can not be found, a writ of sequestration shall issue against his estate, upon the return of non est in- ventus, to compel obedience to the decree. If a mandatory order, injunction, or decree for the specific performance of any act or contract be not complied with, the court or a judge, besides, or instead of, proceeding against the disobedient party for a contempt or by sequestration, may by order direct that the act required to be done be done, so far as practicable, by some other person appointed by the court or judge, at the cost of the disobedient party, and the act, when so done, shall have like effect as if done by him. 28 EXILES OF PRACTICE FOR COtTETS OF EQUITY, Rule 9. WEIT OF ASSISTANCE. Wlieii any decree or order is for" the delivery of possession, upon proof made by af&davit of a de- mand and refusal to obey the decree or order, the party prosecuting the same shall be entitled to a writ of assistance from the clerk of the court. Rnle 10. DECREE FOR DEFICIENCY IN FOKECLOSUEESj, ETC. In suits for the foreclosure of mortgages, or the enforcement of other liens, a decree may be ren- dered for any balance that may be found due to the plaintiff over and above the proceeds of the sale or sales, and execution may issue for the col- lection of the same, as is provided in Rule 8 when the decree is solely for the payment of money. Rule 11. PROCESS IN BEHALF OF AND AGAINST PERSONS NOT PARTIES. Every person, not being a party in any cause, who has obtained an order, or in whose favor an order shall have been made, may enforce obedience to such order by the same process as if he were a party ; and every person, not being a party, against whom obedience to any order of the court may be enforced, shall be liable to the same process for enforcing obedience to such orders as if he were a party. EULES OF PRACTICE FOE COTJETS OF EQUITY. 29 Rule 12. ISSUE OF STJBPCENA — TIME FOE ANSWER. Whenever a bill is filed, and not before, the clerk shall issue the process of subpoena thereon, as of course, upon the application of the plaintiff, which shall contain the names of the parties and be returnable into the clerk's office 20 days from the issuing thereof. At the bottom of the subpoena shall be placed a memorandum, that the defendant is required to file his answer or other defense in the clerk's office on or before the twen- tieth day after service, excluding the day thereof; otherwise the bill may be takert pro confesso. Where there are more than one defendant, a writ of subpoena may, at the election of the plaintiff, be sued out separately for each defendant, or a joint subpoena against all the defendants. Rnle 13. MANNEE OF SERVING STJBPCENA. The service of all subpoenas shall be by deliver- ing a copy thereof to the defendant personally, or by leaving a copy thereof at the dwelling house or usual place of abode of each defendant, with some adult person who is a member of or resident in the family. Rule 14. ALIAS SUBPOENA. Whenever any subpoena shall be returned not executed as to any defendant, the plaintiff shall 30 EXILES OF PRACTICE FOR COURTS OF EQUITY. be entitled to other subpoenas against such defend- ant until due service is made. Rule 15. PKOCESS, BY "WHOM SERVED. The service of all process, mesne and final, shall be by the marshal of the district, or his deputy, or by some other person specially appointed by the court or judge for that purpose, and not other- wise. In the latter case the person serving the process shall make affidavit thereof. Rnle 16. DEFENDANT TO ANSWER — ^DEFAULT — DECREE PRO CONFESSO. It shall be the duty of the defendant, unless the time shall be enlarged, for cause shown, by a judge of the court, to file his answer or other defense to the bill in the clerk's office within the time named in the subpoena as required by Rule 12. In default thereof the plaintiff may, at his election, take an order as of course that the bill be taken pro confesso, and thereupon the cause shaU be proceeded in ex parte. Rule 17. DECREE PRO CONFESSO TO BE FOLLOWED BY FINAL DECREE — SETTING ASIDE DEFAULT. When the bill is taken pro confesso, the court may proceed to a final decree at any time after RULES or PRACTICE FOE COURTS OF EQUITY. 31 the expiration of 30 days after the entry of the order pro confess©, and such decree shall be deemed absolute, unless the court shall at the same term set aside the same, or enlarge the time for filing the answer, upon cause shown upon motion and affidavit. No such motion shall be granted, unless upon the payment of the costs of the plaintiff up to that time, or such part thereof as the court shall deem reasonable, and unless the defendant shall undertake to file his answer within such time as the court shall direct and submit to such other terms as the court shall direct for the purpose of speeding the cause. Rule 18. PLEADINGS — TECHNICAL FORMS ABROGATED. Unless otherwise prescribed by statute or these rules, the technical forms of pleadings in equity are abolished. AMENDMENTS GENERALLY. The court may at any time, in furtherance of justice, upon such terms as may be just, permit any process, proceeding, pleading, or record to be amended, or material supplemental matter to be set forth in an amended or supplemental pleading. The court at every stage of the proceeding must disregard any error or defect in the proceeding which does not affect the substantial rights of the parties. 32406°— 18 6 32 RULES OF PRACTICE FOR COURTS OF EQUITY, Rule 20. nJKTHEK AND PAKTICTJLAE STATEMENT IN PLEADING MAY BE KEQUIKED. A further and better statement of the nature of the claim or defense, or further and better par- ticulars of any matter stated in any pleading, may in any case be ordered upon such terms as to costs and otherwise as may be just. Rule 21. SCANDAL AND IMPERTINENCE. The right to except to bills, answers, and other proceedings for scandal or impertinence shall not obtain, but the court may, upon motion or its own initiative, order any redundant, impertinent, or scandalous matter stricken out upon such terms as the court shall think fit. Rule 22. ACTION AT LAW EREGNEGTJSLT BEGUN AS SUIT IN EQUITY — TRANSFER. If at any time it appear that a suit commenced in equity should have been brought as an action on the law side of the court, it shall be forthwith transferred to the law side and be there proceeded with, with only such alteration in the pleadings as shall be essential. HtlLES OP PRACTICE FOB COURTS OF EQUITY. 33 Rnle 23. MATTERS ORDINARILY DETERMINABLE AT LAW WHEN ARISING IN SUIT IN EQUITY TO BE DISPOSED OF THEREIN. If in a suit in equity a matter ordinarily deter- minable at law arises, such matter shall be deter- mined in that suit according to the principles ap- plicable, without sending the case or question to the law side of the court. Rule 24. SIGNATURE OE COUNSEL. Every bill or other pleading shall be signed in- dividually by one or more solicitors of record, and such signatures shall be considered as a certificate by each solicitor that he has read the pleading so signed by him; that upon the instructions laid be- fore him regarding the case there is good ground for the same ; that no scandalous matter is inserted in the pleading; and that it is not interposed for delay. Rule 25. BILL OF COMPLAINT — CONTENTS. Hereafter it shall be sufficient that a bill in equity shall contain, in addition to the usual cap- tion : First, the full name, when known, of each plain- tiff and defendant, and the citizenship and resi- dence of each party. If any party be under any disability that fact shall be stated. 34 ETJLES OF PRACTICE FOE COTJRTS OF EQXTITY. Second, a short and plain statement of the grounds upon wMcli the court's jurisdiction de- pends. Third, a short and simple statement of the ulti- mate facts upon which the plaintiff asks relief, omitting any mere statement of evidence. !Fourth, if there are persons other than those named as defendants who appear to be proper parties, the bill should state why they are not made parties — as that they are not within the jurisdic- tion of the court or can not be made parties with- out ousting the jurisdiction. Fifth, a statement of and prayer for any special relief pending the suit or on final hearing, which may be stated and sought in alternative forms. If special relief pending the suit be desired the bill should be verified by the oath of ^ the plaintiff or some one having knowledge of the facts upon which such relief is asked. Rule 26. JOINDEE OF CAUSES 0¥ ACTION. The plaintiff may join in one bill as many causes of action, cognizable in equity, as he may have against the defendant. But when there are more than one plaintiff, the causes of action joined must be joint, and if there be more' than one defendant the Hability must be one asserted against all of the material defendants, or sufficient grounds must appear for uniting the causes of action in order BTJLES or PRACTICE FOR GOTJRTS OF EQUITY. 35 to promote the convenient administration of jus- tice. If it appear that any such causes of action can not be conveniently disposed of together, the court may order separate trials. Rnle 27. stockholder's bill. Every bill brought by one or more stockholders in a corporation against the corporation and other parties, founded on rights which may properly be asserted by the corporation, must be verified by oath, and must contain an allegation that the plaintiff was a shareholder at the time of the trans- action of which he complains, or that his share had devolved on him since by operation of law, and that the suit is not a collusive one to confer on a court of the United States jurisdiction of a case of which it would not otherwise have cog- nizance. It must also set forth with particularity the efforts of the plaintiff to secure such action as he desires on the part of the managing directors or trustees and, if necessary, of the shareholders, and the causes of his failure to obtain such action or the reasons for not making such effort. Rale 28. AMENDMENT OF BILL AS OF COTJESE. ^ The plaintiff may, as of course, amend his bill before the defendant has responded thereto, but if such amendment be filed after any copy has is- 36 EtIIiES OF PRACTICE FOR COURTS OF EQUITY. sued from the clerk's office, the plaintiff at his own cost shall furnish to the solicitor of record of each opposing party a copy of the bill as amended, unless otherwise ordered by the court or judge. After pleading filed by any defendant, plaintiff may amend only by consent of the defendant or leave of the court or judge. Rule 29. DEFENSES — HOW PRESENTED. Demurrers and pleas are abolished. Every de- fense in point of law arising upon the face of the bUl, whether for misjoinder, nonjoindjer, or in- sufficiency of fact to constitute a valid cause of action in equity, which might heretofore have been made by demurrer or plea, shall be made by mo- tion to dismiss or in the answer; and every such point of law going to the whole or a material part of the cause or causes of action stated in the bill may be called up and disposed of before final hearing at the discretion of the court. Every defense hereto- fore presentable by plea in bar or abatement shall be made in the answer and may be separately heard and disposed of before the trial of the prin- cipal case in the discretion of the court. If the defendant move to dismiss the bill or any part thereof, the motion may be set down for hearing by either party upon five days' notice, and, if it be denied, answer shall be filed within five days thereafter or a decree pro confesso entered. KTILES OF PRACTICE FOR COtTRTS OF EQUITT. 37 Rule 30. ANSWER — CONTTENTS — COUNTERCLAIM. The defendant in Ms answer shall in shorthand simple terms set out his defense to each claim as- serted by the bill, omitting any mere statement of evidence and avoiding any general denial of the averments of the bill, but specifically admitting or denying or explaining the facts upon which the plaintiff relies, unless the defendant is without knowledge, in which case he shall so state, such statement operating as a denial. Averments other than of value or amount of damage, if not denied, shall be deemed confessed, except as against an infant, lunatic, or other person non compos and not under guardianship, but the answer may be amended, by leave of the court or judge, upon reasonable notice, so as to put any averment in issue, when justice requires it. The answer may state as many defenses, in the alternative, regard- less of consistency, as the defendant deems essen- tial to his defense. The answer must state in short and simple form any counterclaim arising out of the transaction which is the subject matter of the suit, and may, without cross biU, set out any set-off or counter- claim against the plaintiff which might be the sub- ject of an independent suit in equity against him, and such set-off or counterclaim so set up shall have the same effect as a cross suit, so as to enable 38 RULES OF PHACTICB FOR COURTS OF EQUITY. the court to pronounce a final judgment in the same suit both on the original and cross claims. Rnle 31. REPLY — WHEN EEQTJIEED — ^WHEN CAUSE AT ISSUE. Unless the answer assert a set-ofE or counter- claim, no reply shall be required without special order of t;he court or judge, but the cause shall be deemed at issue upon the filing of the answer, and any new or affirmative matter therein shall be deemed to be denied by the plaintiff. If the answer include a set-off or counterclaim the party against whom it is asserted shall reply within 10 days after the filing of the answer, unless a longer time be allowed by the court or judge. If the counterclaim is one which affects the rights of other defendants they or their solicitors shall be served with a. copy of the same within 10 days from the filing thereof, and 10 days shall be ac- corded to such defendants for filing a reply. In default of a reply, a decreepro confesso on the counterclaim may be entered as in default of an answer to the bill. Rnle 32. ANSWER TO AMENDED £lLL. In every case where an amendment to the bill shall be made after answer filed, the defendant shall put in a new or supplemental answer within 10 days after that on which the amendment or RULES -OF PKACTICE FOR COURTS OF EQUITY. 39 amended bill is filed, unless the time is enlarged or it is otherwise ordered by a judge of the court ; and upon a default, the like proceedings may be had as upon an omission to put in an answer. Rule 33. TESTING SUFFICIENCY OF DEFENSE. Exceptions for insufficiency of an answer are abolished. But if an answer set up an affirmative defense, set-off, or counterclaim, the plaintiff may, upon five days' notice, or such further time as the court may allow, test the sufficiency of the same by motion to strike out. If found insufficient but amendable the court may allow an amendment upon terms, or strike out the matter.- Rnle 34. SUPPLEMENTAL PLEADING. Upon application of either party the court or judge may, upon reasonable notice and such terms as are just, permit him to file and serve a supple- mental pleading, alleging material faqts occurring after his former pleading, or of which he was ignorant when it was made, including the judg- ment or decree of a competent court rendered after the commencement of the suit determining the matters in contrdversy or a part thereof. Rnle 35. BILLS OF EEVIVOK AND SUPPLEMENTAL BILLS — FORM. It shall not be necessary in any bill of revivor or supplemental bill to set forth any of the state- 40 RULES OF PRACTICE FOR COURTS OF EQUITT. ments in the original suit, unless tlie special cir- cumstances of the case may require it. Rale 36. OFFICERS BEFORE "WHOM PLEADINGS -^ITIED. Every pleading which is required to be sworn to by statute, or these rules, may be verified before any justice or judge of any court of the United States, or of any State or Territory, or of the District of Columbia, or any clerk of any court of the United States, or of any Territory, or of the District of Columbia, or any notary public. Rule 37. PARTIES GENERALLY — INTERVENTION. Every action shall be prosecuted in the name of the real party in interest, but an executor, admin- istrator, guardian, trustee of an express trust, a party with whom or in whose name a contract has been made for the benefit of another, or a party expressly authorized by statute, may sue in his own name without joining with him the party for whose benefit the action is brought. All per- sons having an interest in the subject of the action and in obtaining the relief demanded may join as plaintiffs, and any person may be made a defend- ant who has or claims an interest adverse to the plaintiff. Any person may at any time be made a party if his presence is necessary or proper to a complete determination of the cause. Persons KULES OP PRACTICE FOE COTTETS OF EQUITY. 41 having a united interest must be joined on the same side as plaintiffs or defendants, but when anyone refuses to join he may for such reason be made a defendant. Anyone claiming an interest in the litigation may at any time be permitted to assert his right by intervention, but the intervention shall be in subordination to, and in recognition of, the propriety of the main proceeding. Rule 3S. EEPKESENTATIVES OF CLASS. When the question is one of common or general interest to many persons constituting a class so nu- merous as to make it impracticable to bring them all before the court, one or more may sue or de- fend for the whole. Rnle 39. ABSENCE OF PERSONS WHO WOTJLD BE PEOPER PARTIES. In all cases where it shall appear to the court that persons, who might otherwise be deemed proper parties to the suit, can not be made parties by reason of their being out of the jurisdiction of the court, or incapable otherwise of being made parties, or because their joinder would oust the jurisdiction of the court as to the parties before the court, the court may, in its discretion, proceed in the cause without making such persons parties ; and in such cases the decree shall be without preju- dice to the rights of the absent parties. 42 RULES OF PEACTIOE FOE COURTS OF EQUITY. Rule 40. NOMINAL PAETIES. Where no account, payment, conveyance, or other direct relief is sought against a party to a suit, not being an infant, the party, upon service of the subpoena upon him, need not appear and answer the bill unless the plaintiff specially re- quires him to do so by the prayer ; but he may ap- pear and answer at his option ; and if he does not appear and answer he shall be bound by all the proceedings in the cause. If the plaintiff shall re- quire hiiTi to appear and answer he shall be en- titled to the costs of all the proceedings against him unless the court shall otherwise direct. Rule 41. STJIT TO EXECUTE TETJSTS OF WILL — HEIE AS PARTY. In suits to execute the trusts of a will it shall not be necessary to make the heir at law a party ; but the plaintiff shall be at liberty to make the heir at law a party where he desires to have the will established against him. Rule 42. JOINT AND SEVERAL DEMANDS. In all cases in which the plaintiff has a joint and several demand against several persons, either as principals or sureties, it shall not be necessary to bring before the court as parties to a suit con- KTITJES or PRACTICE TOE COURTS OF EQUITY. 43 ceming such demand all the persons liable thereto ; but the plaintiff may proceed against one or more of the persons severally liable. Rule 43. DEFECT OF PAKTIES — ^RESISTING OBJECTION. Where the defendant shall by his answer sug- gest that the bill of complaint is defective for want of parties, the plaintiff may, within 14 days after answer filed, set down the cause for argu- ment as a motion upon that objection only; and where the plaintiff shall not so set down his cause, but shall proceed therewith to a hearing, notwith- standing an objection for want of parties taken by the answer, he shall not at the hearing of the cause, if the defendant's objection shall then be allowed, be entitled as of course to an order to amend his bill by adding parties; but the court shall be at liberty to dismiss the bill or to allow an amendment on such terms as justice may re- quire. Rnle 44. DEFECT OP PARTIES — TARDY OBJECTION. If a defendant shall, at the hearing of a cause, 'object that a suit is' defective for want of parties, not haying by motion or answer taken the objec- tion and therein specified by name or description the parties to whom the objection applies, the court shall be at liberty to make a decree, saving the rights of the absent parties. 44 RUUIS or PKACTICE FOR COURTS OF EQtriTT. Rule 45. DEATH OF PAETY — ^REVIVOE. In the event of the death of either party the court may, in a proper case, upon motion, order the suit to be revived by the substitution of the proper parties. If the successors or representa- tives of the deceased party fail to make such ap- plication within a reasonable time, then any other party may, on motion, apply for such relief j and the court, upon any such motion, may make the necessary orders for notice to the parties to be substituted and for the filing of such pleadings or amendments as may be necessary. Rale 46. TRIAL — TESTIMONY USUALLY TAKEN" IN OPEN COURT — RULINGS ON OBJECTIONS TO EVIDENCE. In aU trials in equity the testimony of witnesses shall be taken orally in open court, except as otherwise provided by statute or these rules. The court shall pass upon the admissibility of all evi- dence offered as in actions at law. When evidence is offered and excluded, and the party against whom the ruling is made excepts thereto at the time, the court shall take and report so much thereof, or make such a statement respecting it, as will clearly show the character of the evidence, the form in which it was offered, the objection made, the ruling, and the exception. If the ap- pellate court shall be of opinion that the evidence should have been admitted, it shaU not reverse EULES or PRACTICE FOB COURTS OF EQUITY. 45 the decree unless it be clearly of opinion that material prejudice will rpsult from an affirmance, in which event it shall direct such further steps as justice may require. Rnle 47. DEPOSITIONS — TO BE TAKEN IN EXCEPTIONAL INSTANCES. The court, upon application of either party, when allowed by statute, or for good and excep- tional cause for departing from the general rule, to be shown by affidavit, may permit the deposition of named witnesses, to be used before the court or upon a reference to a master, to be taken before an examiner or other named officer, upon the notice and terms specified in the order. All depo- sitions taken under a statute, or under any such order of the court, shall be taken and filed as follows, unless otherwise ordered by the court or judge for good cause shown : Those of the plaintiff within 60 days from the time the cause is at issue ; those of the defendant within 30 days from the expiration of the time for the filing of plaintiff's depositions; and rebutting depositions by either party within 20 days after the time for taking original depositions expires. Rule 48. TESTIMONY OF EXPERT WITNESSES IN PATENT AND TRADE-MARK CASES. In a case involving the validity or scope of a patent or trade-mark, the district court; may, upon 46 RULES OF PRACTICE FOR COURTS OF EQUITY. petition, order that the testimony in chief of ex- pert witnesses, whose testimony is directed to mat- ters of opinion, be set forth in afl&davits and filed as follows: Those of the plaintiff within 40 days after the cause is at issue; those of the de- fendant within 20 days after plaintiff's time has expired; and rebutting affidavits Avithin 15 days after the expiration of the time for filing original affidavits. Should the opposite party de- sire the prSduction of any affiant for cross-exami- nation, the court or judge shall, on motion, direct that said cross-examination and any reexamination take place before the court upon the trial ; and un- less the affiant is produced and submits to cross- examination in compliance with such direction, his affidavit shall not be used as evidence in the cause. Rule 49. EVIDENCE TAKEN BEFORE EXAMINEES^ ETC. All evidence offered before an examiner or like officer, together with any objections, shall be saved and returned into the court. Depositions, whether upon oral examination before an examiner or Mke officer or otherwise, shall be taken upon questions and answers reduced to writing or in the form of narrative, and the witness shall be subject to cross- examination and reexamination. Rale 50. STENOGRAPHER — APPOINTMENT — ^FEES. When deemed necessary by the court or officer taking testimony, a stenographer may be appointed RULES OF PRACTICE FOE COtTRTg OF EQUITY. - 47 who shall take down testimony in shorthand and, if required, transcribe the same. His fee shall be fixed by the court and taxed ultimately as costs. The expense of taking a deposition, or the cost of a transcript, shall be advanced by the party calling the witness or ordering the transcript. Rale 51. EVIDENCE TAKEN BEFORE EXAMINEES, ETC. Objections to the evidence, before an examiner or like officer, shall be in short form, stating the ^grounds of objection relied upon, but no transcript filed by such officer shall include argument or de- bate. The testimony of each witness, after being reduced to writing, shall be read over to or by him, and shall be signed by him in the presence of the officer; provided, that if the witness shall refuse to sign his deposition so taken, the officer shall sign the same, stating upon the record the reasons, if any, assigned by the witness for such refusal. Objection to any question or questions shall be noted by the officer upon the deposition, but he shall not have power to decide on the competency or materiality or relevancy of the questions. The court shall have power, and it shall be its duty, to deal with the costs of incompetent and immaterial or irrelevant depositions, or parts of them, as may be just. 32406°— 18 7 48 HTJLES OF PRACTICE FOR COtTRTS OF EQUITT. ' Rnle 62. ATTENDANCE OF WITNESSES BEFOKE C0MMI8SI0NEK, MASTER; OE EXAMINES. Witnesses who live within the district, and whose testimony may be taken out of court by these rules, may be summoned to appear before a commissioner appointed to take testimony, or before a master or examiner appointed in any cause by subpoena in the usual form, which may be issued by the clerk in blank and filled up by the party praying the same, or by the commissioner, master, or examiner, requiring the attendance of the witnesses at the time and place specified, who shall be allowed for attendance the same compensation as for attend- ance in court, and if any witness shall refuse to appear or give evidence it shall be deemed a con- tempt of the court, which being certified to the clerk's office by the commissioner, master, or ex- aminer, an attachment may issue thereupon by order of the court or of any judge thereof, in the same manner as if the contempt were for not at- tending, or for refusing to give testimony in, the court. In case of refusal of witnesses to attend or be sworn or to answer any question put by the com- missioner, master, or examiner, or by counsel or solicitor the same practice shall be adopted as is now practiced with respect to witnesses to be pro- duced on examination before an examiner of said court on written interrogatories. RULES OF PRACTICE FOR COTIRTS OF EQUITY. 49 Rnle 63. NOTICE OF TAKING TESTIMONY BEFORE EXAMINER, ETC. Notice shall be given by tbe respective counsel or parties to the opposite counsel or parties of the time and place of examination before an exami- ner or like officer for such reasonable time as the court or officer may fix by order in each case. Rule 54. DEPOSITIONS UNDER REVISED STATUTES, SECTIONS 863, 865, 866, 867 — CROSS-EXAMINATION. After a cause is at issue depositions may be taken as provided by sections 863, 865, 866, and 867, Revised Statutes. But if in any case no no- tice has been given the opposite party of the time and place of taking the deposition, he shall, upon application and notice, be entitled to have the witness examined orally before the court, or to a cross-examination before an examiner or like officer, or a new deposition taken with notice, as the court or judge under all the circumstances shall order. Rnle 55. DEPOSITION DEEMED PUBLISHED WHEN FILED. Upon the filing of any deposition or affidavit taken under these rules or any statute, it shall be deemed published unless otherwise ordered by the court. 50 RTILES OF PRACTICE FOE COtTETS OF EQTJITT. Rale 56. ON EXPIBATION OF TIME FOR DEPOSITIONS^ CASE GOES ON TRIAL CALENDAR. After -the time has elapsed for taking and filing depositions tinder these rules, the case shall be placed on the trial calendar. Thereafter no further testimony by deposition shall be taken ex- cept for some strong reason shown by affidavit. In every such application the reason why the testi- mony of the witness can not be had orally on the trial, and why his deposition has not been before taken shall be set forth, together with the testi- mony which it is expected the witness will give. Rnle 57. CONTINUANCES. After a cause shall be placed on the trial calen- dar it may be passed over to another day of the same term by consent of counsel or order of the court, but shall not be continued beyond the term save in exceptional cases by order of the court upon good cause shown by affidavit and upon such terms as the court shaU in its discretion impose. Continuances beyond the term by consent of the parties shall be allowed on condition only that a stipulation be signed by counsel for all the pa,rties and that all costs incurred theretofore be paid. Thereupon an order shall be entered dropping the case from the trial calendar, subject to reinstate- ment within one year upon application to the court RTJIiBS OF PRACTICE FOE. COUETS OF EQUITY. 51 by either party, in which event it shall be heard at the earliest convenient day. If not so rein- stated within the year, the suit shall be dismissed without prejudice to a new one. Rnle 58. DI8C0VEEY — INTERROGATORIES — INSPECTION AND PRO- DTJCTIONi or DOCUMENTS — ADMISSION OF EXECUTION OR GENUINENESS. The plaintiff at any time after filing the bill and not later than 21 days after the joinder of issue, and the defendant at any time after filing his answer and not later than 21 days after the joinder of issue, and either party at any time thereafter by leave of the court or judge, may file interrogatories in writing for the discovery by the opposite party or parties of facts and documents material to the support or defense of the cause, with a note at the foot thereof stating which of the interrogatories each of the parties is required to answer. But no party shall file more than one set of interrogatories to the same party without leave of the court or judge. If any party to the cause is a public or private corporation, any opposite party may apply to the court or judge for an order allowing him to file interrogatories to be answered by any officer of the corporation, and an order may be made ac- cordingly for the examination of such 'officer as may appear to be proper upon such interroga- tories as the court or judge shall think fit. 52 ETJIiES OF PEACTICE FOE COUETS OF EQXnTY. Copies shall be filed for the use of the interro- gated party and shall be sent by the clerk to the respective solicitors of record, or to the last known address of the opposite party if there be no record solicitor. Interrogatories shall be answered and the an- swers filed in the clerk's office within 15 days after they have been served, unless the time be en- larged by the court or judge. Each interrogatory shall be answered separately and fully and the an- swers shall be in writing, under oath, and signed by the party or corporate officer interrogated. Within 10 days after the service of interroga- tories, objections to theni,^or any of them, may be presented to the court or judge, with proof of no- tice of the purpose so to do, and answers shall be deferred until the objections are determined, which shall be at as early a time as is practicable. , In so far as the objections are sustained, answers shall not be required. The court or judge, upon motion and reasonable notice, may make all such orders as may be appro- priate to enforce answers to interrogatories or to^ effect the inspection or production of documents in the possession of either party and containing evidence material to the cause of action or defense of his adversary. Any party failing or refusing to comply with such an order shall be, liable to at- tachment, and shall also be liable, if a plaintiff, to have his bill dismissed, and, if a defendant, to RULES OF PRACTICE FOR COURTS OF EQUITY. 53 have his answer stricken out and be placed in the same situation as if he had failed to answer. By a demand served 10 days before the trial, either party may call on the other to admit in writing the execution or genuineness of any docu- ment, letter, or other writing, saving all just ex- ceptions; and if such admission be not made within five days after such service, the costs of proving the document, letter, or writing shall be paid by the party refusing or neglecting to make such admission, unless at the trial the court shall find that the refusal or neglect was reasonable. Rule 59. KEFERENCE TO MASTER — EXCEPTIONAL, NOT USUAL. Save in matters of account, a reference to a master shall be the exception, not the rule, and shall be made only upon a showing that some ex- ceptional condition requires it. When such a ref- erence is made, the party at whose instance or for whose benefit it is made shall cause the order of reference to be presented to the master for a hear- ing within 20 days succeeding^ the time when the reference was made, unless a longer time be specially granted by the court or judge; if he shall omit to do so, the adverse party shall be at liberty forthwith to cause proceedings to be had before the master, at the costs of the party pro- curing the reference. 54 EULES OF PRACTICE FOR COITRTS OF EQUITY. Rule 60. PEOCEEDINGS BEFORE MASTER. Upon every such reference, it shall be the duty of the master, as soon as he reasonably can after the same is brought before him, to assign a time and place for proceedings in the same, and to give due notice thereof to each of the parties, or- their solicitors; and if either party shall fail to appear at the time and place appointed, the master shall be at liberty to proceed ex parte, or, in his discretion, to adjourn the examination: and proceedings to a future day, giving notice to the absent party or his solicitor of such adjourn- ment ; and it shall be the duty of the master to proceed with all reasonable diligence in every such reference, and with the least practicable de- lay, and either party shall be at liberty to apply to the court, or a judge thereof, for an order to the master to speed the proceedings and to make his report, and to certify to the court or judge the reason for any delay. Rule 61. master's REPORT — DOCITMENTS IDENTIFIED BUT NOT SET FORTH. In the reports made by the master to the court, no part of any state of facts, account, charge, affi- davit, deposition, examination, or answer brought in or used before him shall be stated or recited. But such state of facts, account, charge, affidavit. BTJLES OF PKACTICE FQK COURTS OF EQUITY, 55 deposition, examination, or answer shall be iden- tified and referred to, so as to inform the court what state of facts, account, charge, affidavit, de- position, examination, or answer were so brought in or used. Rale 62. POWERS OF MASTEE. The master shall regulate all the proceedings in every hearing before him, upon every reference; and he shall have fuU authority to examine the parties in the cause, upon oath, touching all mat- ters (sontained in the reference ; and also to require the production of all books, papers, writings, vouchers,. and other documents applicable thereto; and also to examine on oath, viva voce, all wit- nesses produced by the parties before him, or by deposition, according to the acts of Congress, or otherwise, as here provided ; and also to direct the mode in which the matters requiring evidence shall be proved before him; and generally to do all other acts, and direct all other inquiries and proceedings in the matters before him, which he may deem necessary and proper to the justice and merits thereof and the rights of the parties. Rule 63. FOEM OF ACCOUNTS BEFGEE MASTEE. All parties accounting before a master shall bring in their respective accounts in the form of debtor and creditor; and any of the other parties 56 KTJLES OF PRACTICE FOE COURTS OF EQUITY. who shall not be satisfied with the account so brought in shall be at liberty to examine the ac- counting party viva voce, or upon interrogatories, as the master shall direct. Rule 64. rOKMEE DEPOSITIONS^ ETC., MAY BE USED BEPOEE MASTER. All affidavits, depositions, and documents which have been previously made, read, or used in the court upon any proceeding in any cause or matter may be used before the master. Rule 65. CLAIMANTS BEFOEE MASTER EXAMINABLE BY HIM. The master shall be at liberty to examine any creditor or other person coming in to claim before him, either upon written interrogatories or viva voce, or in both modes, as the nature of the case may appear to him to require. The evidence upon such examinations shall be taken down by the master, or hj some other person by his order and in his presence, if either party requires it, in order that the same may be used by the court if neces- sary. Rnle 66. RETURN OF MASTER ^S REPORT — ^EXCffiPTIONS — HEARING. The master, as soon as his report is ready, shall return the same into the clerk's office, and the day RULES OF PRACTICE FOR COURTS OF EQUITY. 57 of the return shall be entered by the clerk in the equity docket. The parties shall have 20 days from the time of the filing of the report to file exceptions thereto, and if no exceptions are within that period filed by either party, the report shall stand confirmed. If exceptions are filed, they shall stand for hearing before the court, if then in session, or, if not, at the next sitting held there- after, by adjournment or otherwise. COSTS ON EXCEPTIONS TO MASTER S EEPORT. In order to prevent exceptions to reports from being filed for frivolous causes, or for mere delay, the party whose exceptions are overruled shall, for every exception qverruled, pay $5 costs to the other party, and for every exception allowed shall be en- titled to the same costs. Rule 68. APPOINTMENT AND COMPENSATION OF MASTERS. The district courts may appoint standing mas- ters in chancery in their respective districts (a majority of all the judges thereof concurring in the appointment), and they may also appoint a master pro hac vice in any particular case. The compensation to be allowed to every master shall be fixed by the district court, in its discretion, having regard to all the circumstances thereof, and the compensation shall be charged upon and 58 KTJLES OF PRACTICE FOE COTJRTS OF EQUITY. borne by sucb of the parties in the cause as the court shall direct. The master shall not retain his report as security for his compensation; but when the compensation is allowed by the court he shall be entitled to an attachment for the amount against the party who is ordered to pay the same, if, upon notice thereof, he does not pay it within the time prescribed by the court, Rnle 69. PETITION FOK EEHEAEING. Every petition for a rehearing shall contain the special matter or cause on which such rehear- ing is applied for, shall be signed by counsel, and the facts therein stated, if not apparent on the record, shall be verified by the oath of the party or by some other person. No rehearing shall be granted after the, term at which tl^e final decree of the court shall have been entered and recorded, if an appeal lies to the circuit court of appeals or the Supreme Court. But if no appeal lies, the petition may be admitted at any time before the end of the next term of the court, in the discretion of the court. Rule 70. SUITS BY OR AGAINST INCOMPETENTS. Guardians ad litem to defend a suit may be appointed by the court, or b}'' any judge thereof, RULES OF PRACTICE TOR COURTS OF EQUITY. 59 for infants or other persons who are under guar- dianship or otherwise incapable of suing for them- selves. All infants and other persons so incapable may sue by their guardians, if any, or by their prochein ami; subject, however, to such orders as the court or judge may direct for the protection of infants and other persons. Rule 71. FORM OF DECEEE. In drawing up decrees and orders neither the biU nor answer nor other pleadings nor any part thereof nor the report of any master nor any other prior proceeding shall be recited or stated in the decree or order, but the decree and order shall begin, in substance, as follows: " This cause came on to be heard (or to be further heard, as the case may be) at this term and was argued by counsel, and thereupon, upon consideration there- of, it was ordered, adjudged, and decreed as fol- lows, viz: " (Here insert the decree or order.) Rnle 72. COEEECTION OF CLERICAL MISTAKES IN" OEDERS AND DECEEES. Clerical mistakes in decrees or decretal orders, or errors arising from any accidental slip or omis- sion, may at any time before the close of the term at which final decree is rendered be corrected by 60 RULES OF PRACTICE FOR COURTS OF EQUlTr. , order of the court, or a judge thereof, upon peti- tion, without the form or expense of a rehearing. Rule 73. PRELIMINABY INJUNCTIONS AND TEMPOEARY RE- STRAINING ORDERS. No preliminary injunction shall be granted with- out notice to the opposite party. Nor shall 'any temporary restraining order be granted without notice to the opposite party unless it shall clearly appear from specific facts, shown by affidavit or by the verified bill, that immediate and irreparable loss or damage will result to the, applicant before the matter can be heard on notice. In case a tem- porary restraining order shall be granted without notice, in the contingency specified, the matter shall be made returnable at the earliest possible time, and in no event later than 10 days from the date of the order, and shall take precedence of aU matters except older matters of the same charac- ter. When the matter comes up for hearing the party who obtained the temporary restraining or- der shall proceed with his application for a pre- liminary injunction, and if he does not do so the court shall dissolve his temporary restraining or- der. Upon two days' notice to the party obtaining such temporary restraining order the opposite party may appear and move the dissolution or modification of the order, and in that event the court or judge shall proceed to hear and determine RULES OF PRACTICE FOE COURTS OF EQUITY. 61 the motion as e^editiously as the ends of justicp may require. Every temporary restraining order shall be forthwith filed in the clerk's office. Rule 74. INJUNCTION PENDING APPEAL. When an appeal from a final decree in an equity suit granting or dissolving an injunction is al- lowed by a justice or a judge who took part in the decision of the cause he may, in his discretion, at the time of such allowance make an order sus- pending, modifying, or restoring the injunction during the pendency of the ^appeal upon such terms as to bond or otherwise as he may consider proper for the security of the rights of the oppo- site party. Rule 75. BEGGED ON APPEAL — EEDUCTION AND PEEPAEATION. In case of appeal: (a) It shall be the duty of the appellant or his solicitor to file with the clerk of the court from which the appeal is prosecuted, together with proof or acknowledgment of service of a copy on the appellee or his solicitor, a praecipe which shall indicate the portions of the record to be incorpo- rated into the transcript on such appeal. Should the appellee or his solicitor desire additional por- tions of the record incorporated into the tran- script, he shall file with the clerk of the court his 62 ETJIiES OF PRACTICE FOK COUETS OF EQUITY;. praecipe also witMii 10 days thereafter, unless the time shall be enlarged by the court or a judge thereof, indicating such additional portions of the record desired by hirti. x (&) The evidence to be included in the record shall not be set forth in full, but shall be stated in simple and condensed form, all parts not essential to the decision of the questions presented by the appeal being omitted and the testimony of wit- nesses being stated only in narrative form, save that if either party desires it, and the court or judge so directs, any part of the testimony shall be reproduced in the exact words of the witness. The duty of so condensing and stating the evi- dence shall rest primarily on the appellant, who shall prepare his statement thereof and lodge the same in the clerk's office for the examination, of the other parties at or before the time of filing his prsecipe under paragraph (a) of this rule. He shall also notify the other parties or their solici- tors of such lodgment and shall name a time and place when he will ask the court or judge to ap- prove the statement, the time so named to be at least 10 days after such notice. At the expira- tion of the time named or such further time as the court or judge may allow, the statement, together with any objections made or amendments pro- posed by any party, shall be presented to the court or the judge, and if the statement be true, com- plete, and properly prepared, it shall be approved RtTLES OF PRACTICE FOE COURTS OF EQUITY. 63 by the court or judge, and if it be not true, com- plete, or properly prepared, it shall be made so under the direction of the court or judge and shall then be approved. When approved it shall be filed in the clerk's office and become a part of the record for the purposes of the appeal. (c) If any difference arise between the parties concerning directions as to the general contents of the record to be prepared on the appeal, such dif- ference shall be submitted to the court or judge in conformity with the provisions of paragraph (&) of this rule and shall be covered by the directions which the court or judge may give on the subject. Rnle 76. RECORD ON APPEAL — ^REDUCTION AND PREPARATION — COSTS — CORRECTldN OF OMISSIONS. In preparing the transcript on an appeal especial care shall be taken to avoid the inclusion of more than one copy of the same paper and to exclude the formal and immaterial parts of all exhibits, documents, and other papers included therein; and for any infraction of this or any kindred rule the appellate court may withhold or impose costs as the circumstances of the case and the discour- agement of like infractions in the future may re- quire. Costs for such an infraction may be im- posed upon offending solicitors^as well as parties. If in the transcript anything material to either party be omitted by accident or error, the appellate 32406°— 18- 64 BULKS OF PRACTICE FOR COtTRTS OF EQUITY. court, on a proper suggestion or its own motion, may direct that the omission be corrected by a sup- plemental transcript. Knle 77. RECCED ON APPEAL — AGREED STATEMENT. When the questions presented by an appeal can be determined by the appellate court without an examination of all the pleadings and evidence, the parties, with the approval of the district court or the judge thereof, may prepare and sign a state- ment of the case showing how the questions arose and were decided in the district court and setting forth so much only of the facts alleged and proved, or sought to be proved, as is essential to a decision of such questions by the appellate court. Such statement, when filed in the office of the clerk of the district court, shall be treated as superseding, for the purposes of the appeal, all parts of the record other than the decree from which the ap- peal is taken, and, together with such decree, shall be copied and certified to the appellate court as the record on appeal. Rule 78. AFFIRMATION IN LIETJ OF OATH. Whenever under these rules an oath is or may be required to be taken, the party may, if con- scientiously scrupulous of taking an oath, in lieu RULES OF PRACTICE FOR COtTRTS OF EQTTITT. 65 thereof make solemn affirmation to the truth of the facts stated by him. Rnle 79. ADDITIONAL RULES BY DISTRICT COURT. With the concurrence of a majority of the cir- cuit judges for the circuit, the district courts may make any other and further rules and regulations for the practice, proceedings, and process, mesne and final, in their respective districts not incon- sistent with the rules hereby prescribed, and from time to time alter and amend the same. Rnle SO. COMPUTATION OF TIME — SUNDAYS AND HOLIDAYS. When the time prescribed by these rules for do- ing any act expires on a Sunday or legal holiday, such time shall extend to and include the next succeeding day that is not a Sunday or legal holiday. Rule 81. THESE RULES EFFECTIVE FEBRUARY 1, 1913 — OLD RULES ABROGATED. These rules shall be in force on and after Feb- ruary 1, 1913, and shall govern all proceedings in cases then pending or thereafter brought, save that where in any then pending cause an order has 66 KTJLES OF PRACTICE rOR COURTS OF EQUITY. been made or act done which can not be changed without doing substantial injustice the court may give effect to such order or act to the extent neces- sary to avoid any such injustice. All rules heretofore prescribed by the Supreme Court, regulating the practice in suits in equity, shaU be abrogated when these rules take effect. RULES OF PRACTICE OF THE COURTS OF THE UNITED STATES IN ADMIRALTY AND MARI- TIME JURISDICTION WASHINGTON GOVERNMENT PRINTING OFFICE 1918 INDEX TO ADMIRALTY RULES. Kule. Fags. Admiralty, provisions for amendment of libels in 24 22 where third party is permitted to intervene in suits m rem 34 26 how stipulations in, are to be given and taken.. 35 27 when libellant deemed in defaidt 39 28 Adverse proprietors 20 20 Affirmance, provisions as to affirmance in suits in rem 26 23 Affirmation {see also Oath) 26-32, 23, 25, 33-37, 26. 27 Agent, provisions as to verification of claim by agent, in suits in rem 26 23 Amendments, provisions for, in informations and libels in causes of admiralty and maritime jurisdiction 24 22 amendment of Ubel where an- swer alleges new facts 51 33 Answer of defendant to all libels in civil and maritime causes, contents of , etc 27 23 exceptions to 28 24 effect of defendant omitting or refusing to answer libel on return day, etc 29 24 provisions for attachment when answer is not filed, or exceptions taken thereto 30 25 where answer would expose defendant to prosecution or punishment for <;rime, etc 31 25 as to right of defendant to require per- sonal answer of llbellant, upon oath, to interrogatories at close of answer; proceedings on default of due answer . . 32 25 when oath or affirmation of either libellant or defendant to answer an interrogatory may be dispensed with 33 26 to what exceptions to answer may be taken 36 27 Answer by garnishee, in cases of foreign attachment, pro- visions respecting 37 27 not to be verified where amount in dispute does not exceed 150....... 48 31 3 4 INDEX TO ADMIRALTY RULES. Rule. Page. Appeal, how stipulations on, are to be given 35 27 from diatrict to circuit courts, how, when, and within what time made 45 30 further proof, how taken in a circuit court upon an admiralty appeal : 49 32 further proof, when taken, to be used in evidence on - 50 33 provisions as to what shall be contained in, and what shall be omitted from records on appeal from district to circuit courts 52 34 Arrests, provisions as to bills, etc., where simple warrant of arrest issues in suits in personam 3 14 amount for which warrant of arrest in suits in personam may issue 7 15 warrant of arrest of ship, etc., in suits in rem, when, how, and by whom issued and served 9 17 provisions for sale of perishable articles arrested... 10 17 proceedings when ship is arrested in suits m rem... 11 17 of ship in petitory and possessory suits, provisions for 20 20 provisions as to bail in certain cases, in suils in personam 47 31 Aflsault on the high seas, suits for, how brought 16 19 Attachment in suits in personam where goods, chattels, etc., are attached 4 14 provisions for attachment against defendant to compel further answer to libel, etc 30 25 may issue to compel answer by libellant to interrogatories in defendant's answer 32 25 against party having possession of freight or other proceeds of property attached in pro- ceedings m rem 38 28 Bail, provisions as to bail where a simple warrant of arrest issues in suits in personam 3 14 in suits in personam, when and how reduced 6 14 when and how new sureties may be required 6 14 to be taken in suits in personam 47 31 Beating 16 19 Bonds in cases of arrest in suits in personam. .'. 3 14 when goods, chatty, etc., are attached in suits in personam....^ ^_ 4 14 provisions as to bonds to be given on dissolving at- tachment in suitsjin personam 4 14 Bonds, how, when, and before whom given and taken 5 15 in suits in pertonam, when and how bail is reduced. 6 15 when and how new sureties may be required on 6 15 Bottomry bonds, suits on, how prosecuted 18 19 INDEX to ADMIRALTT RULES. 5 Claimant, provMona as to stipulation by claimant of prop- Rule. Page. erty in suits in rem 4 14 in suite in Tern, how party claiming property shall verity claim 26 23 Claims, how proof of claims are made under the limited liability act 55 38 Clerks, provisions aa to what clerks of district courts shall put in records on appeals to circuit court 52 34 Collision, suits for collision, how prosecuted 15 18 provisions as to proceedings by claimant of vessel, or respondent proceeded against in personam, against any other vessel contributing to same collision 59 40 Commissioners, provisions as to reference to, and powers of same 44 30 Commissions, when to issue to take answer of defendant in certain cases 33 26 provisions for issuing a commission to take fiu-ther proof in a circuit court on an ad- miralty appeal 49 32 Consignee, provisions as to verification of claim by con- signee, in suits in rem 26 23 Costs, to be paid by defendant oh opening default in an- swering 29 24 in case of intervention respecting proceeds of sale in registry of court where claim is deserted or dis- missed 43 30 Crime, defendant may object by answer to answer allega- tion that would expose him to prosecution and punish- ment for crime, etc 31 25 Cross libel, general provisions as to same -. 53 36 Decree, provisions for writ o^ execution on final decree for payment of money 21 20 Default, provisions as to default if defendant omit or refuse to answer the libel in time 29 24 When and how default may be set aside 29 24 Dismissal of libel on default of due answer by libellant to interrogatories in answer 32 25 Libellant in admiralty suits, when deemed in de- fault ". 39 , 28 When decree rendered against defendant by de- fault may be reopened 40 29 Depositions, provisians for taking further proof in a circuit court on an admiralty appeal by deposition 49 32 either party taking further evi- dence of same witnesses, etc.. 50 33 6 INDEX TO ADMIRALTY RULES. Dismissal of libel on default of due answer by libellant to in- Euie. Page. terrogatories in answer 32 25 when libel may be dismissed on default of libel- lant 39 28 Evidence, oral evidence in nature of further proof in a circuit court on an admiralty appeal, how taken 49,50 32,33 Exceptions, answer, provisions as to 28 24 provisions for attachment against ^defendant where libel is not filed and exceptions taken thereto 30 25 to libel, allegation, or answer, to what they may betaken 36 27 Execution, when summary execution to issue when bond or stipulation is given where a simple warrant of arrest in suits m personam 3 14 when summary execution to issue when bond or " stipulation is given on an attachment being dissolved in suits in personam 4 14 nature of, in cases of final decree for payment of money 21 20 Fieri facias (see Execution) 21 20 Foreign port, suits for moneys taken up in foreign port for supplies, repairs, etc., how brought 17 19. Forfeiture (see Crime) 31 25 Freight, proceedings against ship and freight in rem by rna- terial men 12 18 proceedings against ship and freight in rem for mar- iners'wages 13 18 suits against ship and freight, how brought, when founded upon a mere maritime hypothecation of moneys in a foreign port for supplies, repairs, etc 17 19 provisions where freight or other proceeds attached in suits in rem are in the hands or possession of any party... 38 28 Further proof, how taken in a circuit court upon an admi- ' raltyappeal 49 32 when taken, to be used in evidence on ap- peal 50 33 Garnishee, provisions as to same on foreign attachment 37 27 Impertinence, provisions for exceptions to 36 27 Imprisonment for debt on process from admiralty court abolished in certain cases 47 31 Informations, contents of informations and libels of informa- tion upon seizures for any breach of the revenue or navigation or other laws of the United States 22 20 provisions as to amendment of 24 22 INDEX TO /ADMIRALTY KITLES. ( I Rule. Page. Interrogatories at close of libel, how answered 27 23 Intervenors, how third party is permitted to intervene 34 26 stipulations given by, are to be given and taken 35 27 proceedings by intervenor respecting claim for delivery to him of proceeds 43 30 Irrelevancy, provisions for exceptions to libel, etc., for 36 27 Libel to be filed before mesne process issues 1 13 contents to libel and informations upon seizures or any breach of the revenue, navigation, or other laws of the United States 22 20 of, in instance causes similar to maritime. . . 23 21 provisions for amendment of information in causes of admiralty and maritime jurisdiction . . 24 22 stipulation by defendant with sureties in case of libel in personam 25 22 contents of answer to allegations in libel 27 23 when same may be taken pro eonfesso 29 24 of oath or affirmation of either libellant or defend- , ant to an answer to an interrogatory may be dispensed with 33 26 to what exceptions to Ubel may be taken 36 27 when and how libel may be granted where answer alleges new facts 51 33 where filed, contents thereof, and proceed- ings on filing same under limited liability act 54-57 36,39 provisions as to proceedings by claimant of vessel or respondent proceeded against in persormm against any other vessel contributing to same collision 59 40 Libellant may be required by defendant to make personal answer upon oath, to interrogatories in answer; proceedings on default of due answer 32 25 in admiralty suits, when deemed in default 39 28 Limited liability, rules as to proceedings under the limited liabilityact 54-58 36,40 rules to apply to the circuit courts where cases are pending on appeal from dis- trict courts 58 40 Mariners' wages, suits for same, how prosecuted 13 18 attachment in suits for, against party hav- ing possession of freight or other proceeds . of property attached in prpceedings in rem 38 28 Maritime causes, contents of libel in instances causes 23 21 provisions for amendment of libels in 24 22 contents of answer in circuit court in . . , 27 23 where third party is permitted to inter- vene in suits in rem in 34 26 O INDEX TO ADMIRALTY RULES. Rule. Page. Maritime causes, how stipulationB in, are to be given and taken 35 27 when libellant deemed in default 39 28 hypothecation, suits founded upon, how brought....'. 17 19 Marshal to serve process 1 13 take bail on a simple warrant of arrest in suits in personam 3 14 serve warrant of arrest against ship, etc., in suits in rem 9 16 levy execution in cases of final decree for pay- ment of money. . 21 20 make sales of property under decree, etc 41 29 when to take bail in suits in personam 47 31 Master, proceedings against, for mariners' wages 13 18 suits for damages by collision against 15 18 upon a mere maritime hypothecation of master in foreign port for moneys taken up for sup- plies, etc., how prosecuted 17 19 Material men, how they may proceed 12 18 Mesne process (see Process) 1-2 13 Monition., when to issue to third person in suits in rem 8 16 provision for in petitory and possessory suits 20 20 Navigation, contents of informations and libels of informa- tion upon seizures for any breach of the revenue, naviga- tion, or other laws of the United States 22 20 Necessaries, suits founded on hypothecation by master for moneys taken up in foreign port for supplies, repairs, etc., how prosecuted 17 19 Oath, when oath or affirmation either of libellant or de- fendant, to an answer to an interrogatory may be dispensed with 33 26 provisions as to oaths and suits m rem 26 23 Oath or affirmation of libellant required to interrogato- ries at close of defendant's answer. 32 25 garnishee to answer in cases of foreign attachment, provisions respecting '. 37 27 to answer not necessary, where amount in dispute does not ex- ceed $50 48. 31 Objection may be taken by defendant by answer to an- swer an allegation which would expose him to punish- ment for crime, etc 31 25 Part owners, nature of process in petitory and possessory suits between them 20 20 Penal offense. (See Crime.) Penalty. (See Crime.) INDEX TO ADMIRALTY RULES. » Rale. Page. Perishable property. Provisions for sale of 18 19 Petitions, when, where, and how filed under the limited liability act, and provisions thereunder 54-57 36,39 Petitory suits, natiire of process in 20 20 Pilotage, suits for, how prosecuted 14 18 Possessory suits, nature of process in 20 20 Practice, provisions for, when not provided for by these rules 46 31 Proceeds of property sold under decree, disposition of.. 41 29 disposition of moneys resulting from proceeds of sale after payment into court 42 29 proceedings by intervenor respecting claim for '-delivery to him of 43 30 Process, when mesne process to issue from district court.. 1 13 by whom served 1 13 in what mesne process consists in suits in personam 2 13 nature of, and how and by whora served in suits in rem 9 16 process in petitory and possessory suits between part owners and adverse pro- prietors .^ 20 20 effect of defendant omitting or refusing to answer libel on return day of process, etc 29 24 provisions for compulsory process in personam, against garnishee in cases of foreign attachment. 37 27 Proof of claims (see Claims) 55 38 Kecords on appeals from district to circuit courts, what to contain and what not to contain 52 34 Keference, provisions as to reference by court to commis- sioners 43 30 Begistry of court, proceeds of sale of property under decree to be paid into 41 29 disposition of m9neys after they have so been paid into 42 29 proceedings by intervenor respecting claim for delivery to him of proceeds in, etc 43 30 Rehearing, provisions as to same when decree has been en- tered against defendant, by default 40 29 Repairs, suits founded on hypothecation by master for moneys taken up in foreign port for supplies, repairs, etc., how prosecuted ; 17 19 Return-day, effect of defendant omitting or refusing to answer libel on return-day, etc 29 24 Return of arrest - 9 16 Revenue, contents of informations and libels of information upon seiziires for any Breach of the revenue, navigation, or other laws of the United States 22 20 10 INDEX TO ADMIRALTY RULES. Rule. Page. Sale of perishable articles, etc. , provisions for >. 10 17 proceedings as to sale of ship when arrested in suits inrem 11 18 of property; by whom made, and disposition of proceeds 41 29 disposition of moneys resulting from proceeds of sale, after payment into court 42 29 Salvage, suits for, how prosecuted 19 19 attachment against party having possession of freight or other proceeds of property attached in proceedings m rem in salvage cases 38 28 Scandal, provisions for exceptions to, in libel, etc 36 27 Security, provisions for, in petitory and possessory suits 20 20 as to security to be given by respondent in cross libel 53 36 Seizures, contents of informations and libels of information upon seizures for any breach of the revenue, navigation, or other laws of the United States 22 20 Service of warrant of arrest against ship , etc. , in suits in rem, how and by whom made 9 16 Ship, proceedings when ship is arrested in suits in rem 11 17 against, in rem by material men 12 18 for mariners ' wages 13 18 suits for pilotage against 14 18 collision against 15 18 against, how brought when founded on a mere maritime hyothecation of master for moneys in a foreign port for supplies, repairs, etc 17 19 arrest of, in petitory and possessory suits, provisions for 20 20 Stipulation. (See also Bonds.) by defendant in case of libel in personam, pro- visions for 25 22 provisions as to stipulation by claimant of property in suits in rem ■. 26 23 to be given by intervener in suits in rem; pro- viMons respecting same 34 26 when given by intervener, or appeal, or on appeal, or on any other maritime or ad- miralty proceedings, how to be given 35 27 Suits m personom, nature of process in 2 13 provisions for taking bail where a simple warrant of arrest issues, and proceedings are to be taken on the bond or stipulation given 3 14 dissolving attachment in suits in per- sonam 4 14 when and how bail may be reduced... 6 15 new sureties may be required on bail bond 6 15- INDEX TO ADMIRALTY RULES. 11 Suite in personam, amount for which warrant of arrest may Rule. Page. issue 7 15 BuitB for pilotage, against whom brought 14 18 against master or owner for damages by collifiion, how prosecuted 15 18 BuitB for assault or beating on the high seas in personam only 16 19 how brought when foimded upon a mere maritime hypothecation of master for moneys in a foreign port for supplies, repairs, etc 17 19 provisions in suits on bottomry bonds. . 18 19 suits for salvage, how prosecuted 19 20 provisions for stipulation on part of the defendant's sureties 25 22 when bail is to be taken by marshal where simple warrant of arrest issues. 47 31 imprisonment for debt abolished in cer- tain cases 47 31 answer not to be verified where amount in dispute does not exceed ?50 48 31 provisions as to proceedings by claimant of vessel or respondent proceeded against in perscmam against any other vessel contributiag to same collision. . 59 40 Suits in rem, proceedings when tackle, sails, apparel, etc., are in possession or custody of third person . . 8 16 nature of process, and how served, and by whom 9 16 proceedings when ship is arrested in suits in rem ■ 11 17 in suits against master or owner, by material men 12 18 for mariner 's wages 13 18 against ship, etc. , for pilotage 14 18 for damages by collision, how prosecuted.... 15 18 how brought when founded upon'a mere mar- itime hypothecation of moneys in a foreign port for supplies, repairs, etc 17 19 provisions for suits on bottomry bonds 18 19 for salvage, how prosecuted 19 20 how party claiming property shall verify claim 26 23 third party is permitted to intervene 34 26 provisions where freight or other proceeds at- tached are in the hands or possession of any party 38 28 answer not to be verified where amount in dis- pute does not exceed $50 48 31 12 INDEX TO ADMIRALTY RULES. Rule. Page. Supplies, suits founded on hypothecation of master for mon- eys taken up iu foreign port for supplies, etc., how prose- cuted 17 19 Sureties, provisions for stipulation by defendant with sure- ties in case of libel in personam 25 22 on a stipulation to be given ~by intervener in sirits in rem 34 26 Surplusage, provisiops for exceptions to libel, etc., for 36 27 Time for taking appeal from district to circuit courts 45 30 rehearing after decree entered against defendant fordefault 40 29 amending libel where answer alleges new facts. . . 51 33 United States, contents of informations and libels of infor- mation upon seizures for any breach of the revenue, navi- gation, or other laws of the United States 22 20 Wages (see Mariner's wages) 13-38 18,28 Warrant (see Arrest and attachment) 7-9 15, 16 Writ of execution (see Execution) 3-4-21 14, 15,20 RULES OF PRACTICE FOR THE COURTS OF THE UNITED STATES IN ADMIRALTY AND MARI- TIME JURISDICTION ON THE INSTANCE SIDE OP THE COURT, IN PURSUANCE OP THE ACT OP AUGUST 23, 1843, CHAPTER 188, 5 STAT., 516. No mesne process shall issue from the district courts in any civil cause of admiralty and mari- time jurisdiction until the libel, or libel of informa- tion, shall be filed in the clerk's office from which such process is to issue. All process shall be served by the marshal or by his deputy, or, where he or they are interested, by some discreet and disinterested' person appointed by the court. 2. In suits in personam, the mesne process may be by a simple warrant of arrest of the person of the. defendant, in the nature of a capias, or a warrant of arrest of the person of the defendant, with a clause therein, that' if he can not be found, to attach his goods and chattels to the amount sued for ; or if such property can not be found, to attach his credits and effects to the amount sued for in the hands of the garnishees named therein ; or by a simple monition, in the nature of a summons 32406°— 18 9 13 14 KTILES OF PRACTICE IN ADMIRALTY. to appear and answer to the suit, as the libellant shall, in his libel or information, pray for or elect. 3. In all suits in personam, where a simple warrant of arrest issues and is executed, the marshal may take bail, with su:^cient sureties, from the party arrested, by bond or stipulation, upon condition that he will appear in the suit and abide by all orders of the court, interlocutory or final, in the cause, and pay the money awarded by the final decree rendered therein in the court to which the process is returnable, or in any appellate court. And upon such bond or stipulation summary proc- ess of execution may and shall be issued against the principal and sureties by the court to which such process is returnable, to enforce the final de- cree so rendered, or upon appeal by the appellate court. 4. In all suits in personaim, where goods and chat- tels, or credits and effects are attached under such warrant authorizing the same, the attachment may be dissolved by order of the court to which the same warrant is returnable, upon the defendant whose property is so attached giving a bond or stipulation, with sufficient sureties, to abide by all orders, interlocutory or final, of the court, and pay the amount awarded by the final decree rendered in the court to which the process is returnable, or RtTLES OF PRACTICE IN ADMIRALTY. 15 in any appellate court; and upon such bond or stipulation summary process of execution shall and may be issued against the principal and sureties by the court to which such warrant is returnable, to enforce the final decree so rendered, or upon appeal by the appellate court. s. Bonds^ or stipulations in admiralty suits may be given and taken in open court, or at chambers, or before any commissioner of the court who is au- thorized by the court to take affidavits of bail and depositions in cases pending before the court, or any commissioner of the United States authorized by law to take bail and affidavits in civil cases. 6. In all suits in personam, where bail is taken, the court may, upon motion, for due cause shown, re- duce the amount of the sum contained in the bond or stipulation therefor; and in all cases where a bond or stipulation is taken as bail, or upon dis- solving an attachment of property as aforesaid, if either of the sureties shall become^insolvent pend- ing the suit, new sureties may be required by the order of the court, to be given, upon motion, and due proof thereof. In suits in personam, no warrant of arrest, either of the person or property of the defendant, 16 EULES or PRACTICE IN .ADMIRALTY. shall issue for a sum exceeding five hundred dol- lars, unless by the special order of the court, upon affidavit or other proper proof showing the* pro- priety; thereof. 8. In all suits in rem against a ship, her tackle, sails, apparel, furniture, boats, or other appur- tenances, if such tackle, sails, apparel, furniture, boats, or other appurtenances are in the possession or custody of any third person, the court may, after a due monition to such third person, and a hearing of the cause, if any, why the same should not be delivered over, award and decree that the same be delivered into the custody of the marshal or other proper officer, if, upon the hearing, the same is required by law and justice. In all cases of seizure, and in 'other suits and proceedings in rem, the process, unless^ otherwise provided for by statute, shall be by a warrant of arrest of the ship, goods, or other thing to be arrested; and the marshal shall thereupon arrest and take the ship, goods, or other thing into his possession for safe custody, and shall cause public notice thereof and of the time assigned for the return of such process and the hearing of the cause, to be given in such newspaper within the district as the district court shall order; and if there is no newspaper published therein, then in KULES OF PRACTICE IN ADMIRALTY. 17 such other public places in the district as the court shall direct. 10. In all cases where any goods or other things are arrested, if the same are perishable, or are liable to deterioration, decay, or injury by being detained in custody, pending the suit, the court may, upon the application of either party, in its discretion, order the same or so much thereof to be sold as shall be perishable or liable to deprecia- tion, decay, or injury; and the proceeds, or so much thereof as shall be a full security to satisfy in decree to be brought into court to abide the event of the suit; or the court may, upon the ap- plication of the claimant, order a delivery thereof to him. upon a due appraisement, to be had under its direction either upon the claimant's depositing in court so much money as the court shall order, or upon his giving a stipulation, with sureties, in such sum as the court shall direct, to abide by and pay the money awarded by the final decree ren- dered by the court or the appellate court, if any appeal intervenes as the one or the other course shall be ordered by the court. 11. In like inanner, where any ship shall be arrested, the same may, upon the application of the claim- ant, be delivered to him upon a due appraisement, to be had under the direction of the court, upon the claimant's depositing in court so much money 18 EIIIiES or PRACTICE IN ADMIRALTY. as the court shall order, or upon his giving a stipulation, with sureties as aforesaid; and if the claimant shall decline any such application, then the court may, in its discretion, upon the ap- ,plication of eitheiN party, upon due cause shown, order a sale of such ship, and the proceeds thereof to be brought into court or otherwise disposed of, as it may deem most for the benefit of aU con- cerned. ' 12. In all suits by material men for supplies or re- pairs, or other necessaries, the libellant may pro- ceed against- the ship and freight in rem, or against the master or owner alone in personam. 13. In aU suits for mariners' wages, the libellant may proceed against the ship, freight, and master, or against the ship and freight, or against the owner or the master alone in persona/m. 14. In all suits for pilotage the libellant may pro- ceed against the ship and master, or against the ship, or against the owner alone or the master alone in personam. 15. In all suits for damage by collision, the libellant may proceed against the ship and master, or against the ship alone, or against the master or the owner alone in personam. \ \ RULES OF PRACTICE IN ADMIRALTY. 19 o 16. In all suits for an assault or beating on the high seas, or elsewhere within the admiralty and mari- time jurisdiction, the suit shall be in personam only. 17. In all suits against the ship or freight, founded upon a mere maritime hypothecation, either ex- press or implied, of the master, for moneys taken up in a foreign port for supplies or repairs or other necessaries for the voyage, without any claim of marine interest, the libellant may proceed either in rem or against the master or the owner alone in personam. 18. In all suits on bottomry bonds, properly so called, the suit shall be in rem only against the property hypothecated, or the proceeds of the property, in whosesoever hands the same may be found, unless the master has, without authority, given the bottomry bond, or by his fraud or mis- conduct has avoided the same, or has subtracted the property, or unless the owner has, by his own misconduct or wrong, lost or subtracted the prop- erty, in which latter cases the suit may be in personam against the wrongdoer. 10. In all suits for salvage, the suit may be in rem against the property saved, or the proceeds there- of, or in personam against the party at whose 20 ETILES OF PKACnCE IN ADMIEALTT. request and for whose benefit the salvage service has been performed. 20. In all petitory and possessory suits between part owners or , adverse proprietors, or by the owners of a ship or the majority thereof, against the master of a ship, for the ascertainment of the title and delivery of the possession, or for the possession only, or by one or more part owners against the others to obtain security for the re- turn of the ship from any voyage undertaken without their consent, or by one or more part own- ers against the others to obtain possession of the ship for any voyage, upon giving security for the safe return thereof, the process shaU be by an arrest of the ship, and by a monition to the ad- verse party or parties to appear and make answer to the suit. 21. In all cases of a final decree for the payment of money, the libellant shall have a writ of execution, in the nature of a fieri facias, commanding the marshal or his deputy to levy and collect the amount thereof out of the goods and chattels, lands and tenements, or other real estate, of the defendant or stipulators. 22. All informations and libels of information upon seizures for any breach of the revenue, or naviga- KITLES OF PRACTICE IN ADMIRALTY. 21 tion, or other laws of the United. States, shall state the place of seizure, whether it be on land or on the high seas, or on navigable waters within the admiralty and. maritime jurisdiction of the United States, and the district within which the property is brought and where it) then is. The information or- libel of information shall also pro- pound in distinct articles the matters relied on as grounds or causes of forfeiture, and aver the same to be contrary to the form of the statute or statutes of the United States in such case provided, as the case may require, and shall conclude with a prayer of due process to enforce the forfeiture, and to give notice to all persons concerned in in- terest to appear and show cause at the return- day of the process why the forfeiture should not be decreed. 23. All libels in instance causes, civil or maritime, shall state the nature of the cause ; as, for example, that it is a cause, civil and maritime, of contract, or of tort or damage, or of salvage, or of posses- sion, or otherwise, as the case may be ; and, if the libel be in rem, that the property is within the dis- trict ; and, if in personam, the names and occupa- tions and places of residence of the parties. The libel shall also propound and articulate in distinct articles the various allegations of fact upon which the libellant relies in support of his suit, so that the defendant may be enabled to answer distinctly 22 EXILES OF PEACTICE IN ADMIRALTY. and separately the several matters contained in each article ; and it shall conclude with a prayer of due process to enforce his rights, in rem or in personam (as the case may require), and for such relief and redress as the court is competent to give in the premises. And the libellant may further re- quire the defendant to answer on oath all interro- gatories propounded by him touching all and singular the allegations in the libel at the close or conclusion thereof. 24. In all informations and libels in causes of ad- miralty and maritime jurisdiction, amendments in matters of form may be made at any time, on mo- tion to the court, as of course. And new counts may be filed, and amendments in matters of sub- stance may be made, upon motion, at any time be- fore the final decree, upon such terms as the court shall impose. And where any defect of form is set down by the defendant upon special exceptions, and is allowed, the court may, in granting leave to amend, impose terms upon the libellant. 25. In all cases of libels in personam, the court may, in its discretion, upon the appearance of the de- fendant, where no bail has been taken, and no at- tachment of property has been made to answer the exigency of the suit, require the defendant to give a stipulation, with sureties, in such sum as the court shall direct, to pay all costs and expenses RULES OF PRACTICE IN ADMIRALTY. 23 which shall be awarded against him in the suit, upon the final adjudication thereof, or by any in- terlocutory order in the progress of the suit. 26. In suits in rem, the party claiming the property shall verify his claim on oath or solemn affirma- tion, stating that the claimant by whom or on whose behalf the claim is made is the true and iona fide owner, and that no other person is the owner thereof. And, where the claim is put in by an agent or consignee, he shall also make oath that he is duly authorized thereto by the owner; or if the property be at the time of the arrest in the possession of the master of a ship, that he is the lawful bailee thereof for the owner. And upon putting in such claim, the claimant shall file a stipulation, with sureties, in such sum as the court shall direct, for the payment of all costs and ex- penses which shall be awarded against him by the final decree of the court, or, upon an appeal, by the appellate court. 27. In all libels in causes of civil and maritime juris- diction, whether in rem or in personam, the an- swer of the defendant to the allegations in the libel shall be on oath or solemn affirmation; and the answer shall be full and explicit and distinct to each separate article and separate allegation in the libel> in the same order as numbered in the 24 RTJLES OF PBACTICE IN ADMIRALTT. libel, and shall also answer in like manner each in- terrogatory propounded at the close of the libel/ 28. The libellant may except to the sufficiency, or fullness, or distinctness, or relevancy of the an- swer to the articles and interrogatories in the libel ; and if the court shall adjudge the same exceptions, j or any of them, to be good and vaM the court shall order the defendant forthwith, within such time as the court shajl direct, to answer the same, and may further order the defendant to pay such costs as the court shall adjudge reasonable. If the defendant shall omit or refuse to make due answer to the libel upon the return day of the process, or other day assigned \by the court, the court shall pronounce him to be in contumacy and default ; and thereupon the libel shall be adjudged to be taken pro confesso against him, and the court shall proceed to hear the cause ex parte, and adjudge therein as to law and justice shall appertain. But the court may, in its discretion, set aside the default, and, upon the application of the defendant, admit him to make answer to the libel, at any time before the final hearing and decree, upon his payment of all the costs of the suit up to the time^of granting leave therefor. > Viae poat, 49th rule, page t— . EtTLES OF PRACTICE IN ADMIRALTY. 25 30. In all cases where the defendant answers, but does not answer fully and explicitly and distinctly to all the matters in any article of the libel, and exception is taken thereto by the libellant, and the exception is allowed, the court may, by attach- ment, compel the defendant to make further an- swer thereto, or may direct the matter of the ex- ception to be taken pro confesso against the de- fendant, to the full purport and effect of the article to which it purports to answer, and as if no answer had been put in thereto. 31. The defendant may object, by his answer, to answer any allegation or interrogatory contained in the libel which will expose him to any prosecu- tion or punishment for crime, or for any penalty or any forfeiture of his property for any penal offense. 32. The defendant shall have a right to require the personal answer of the libellant upon oath or solemn affirmation to any interrogatories which he may, at the close of his answer, propound to the libellant touching any matters charged in the libel, or touching any matter of defense set up in the answer, subject to the like exception as to matters which shall expose the libellant to any prosecution, or punishmeht, or forfeiture, as is provided in the thirty-first rule. In default of 26 RULES OF PRACTICE IN ADMIRALTY. due answer by the libellant to such interrogatories the court may adjudge the libellant to be in de- fault, and dismiss the libel, or may compel his answer in the premises, by attachment, or take the subject matter of the interrogatory pro confesso in fayor of the defendant, as the court, in its dis- cretion, shall deem most fit to promote public justice. 33. Where either the libellant or the defendant is out of the country, or unable, from sickness or other casualty, to make an answer to any inter-^ rogatory on oath or solemn affirmation at _the proper time, the court may, in its discretion, in furtherance of the due administration of justice, dispense therewith, or may award a commission to take the answer of the defendant when and as soon as it may be practicable. If any third person shall intervene in any cause of admiralty and maritime jurisdiction in rem for his own interest, and he is entitled, according to the cause of admiralty proceedings, to be- heard for his own interest therein, he shall propound the matter in suitable allegations, to which, if ad- mitted by the court, the other party or parties in the suit may be required, by order of the court, to make due answer; and such further proceedings shall be had and decree rendered by the court therein as to law and justice shall appertain. But RULES OF PRACTICE IN ADMIBALTT. 27 every such intervenor shall be required, upon filing his allegations, to give a stipulation, with sureties, to abide by the final decree rendered in the cause, and to pay all such costs and expenses and damages as shall be awarded by the court upon the final decree, whether it is rendered in the original or appellate court. ss. The stipulations required by the last preceding rule, or on appeal, or in any other admiralty or maritime proceeding, shall be given and taken in the manner prescribed by rule fifth as amended. 36. Exceptions may be taken to any libel, allegation, or answer for surplusage, irrelevancy, imperti- nence, or scandal; and if, upon reference to a master, the exception shall be reported to be so objectionable, and allowed by the court, the matter shall be expunged, at the cost and expense of the party in whose libel or answer the same is found. 37. In cases of foreign attachment, the garnishee shall be required to answer on oath or solemn affirmation as to the debts, credits, or effects of the defendant in his hands, and to such interroga- tories touching the same as may be propounded by the libellant; and if he shall refuse or neglect so to do, the court may award compulsory process in personam against him. If he admits any debts, 28 KTILES OF PRACTICE IN ADMIRALTT. credits, or effects, the same shall be held in his hands, liable to answer the exigency of the suit. In cases of mariners' wages, or bottomry, or salvage, or other proceeding in rem, where freight or other proceeds of property are attached to or are bound by the suit, which are in the hands or possession of any person, the court may, upon due application, by petition of the party inter- ested, require the party charged with the posses- sion thereof to appear and show cause why the same should not be brought into court to answer the exigency of the suit; and if no sufficient cause be shown, the court may order the same to be brought into court to answer the exigency of the suit, and upon failure of the party to comply with the order, may award an attachment, ■ or other compulsive process, to compel obedience thereto. 3». If, in any admiralty suit, the libellant shall not appear and prosecute his suit, according to the course and orders of the court, he shall be deemed in default and contumacy; and the court may, upon the application of the defendant, pronounce the suit to be deserted, and the same may be dis- missed with costs. 40. The court may, in its discretion, upon the mo- tion of the defendant and the payment of costs. RTJLES OF PRACTICE IN ADMIRALTY. 29 rescind the decree in any suit in which, on account of his contumacy and default, the matter of the libel shall have been decreed against him, and grant a rehearing thereof at any time within ten days after the decree has been entered, the de- fendant submitting to such further orders and terms in the premises as the court may direct. 41. All sales of property under any decree of ad- miralty shall be made by the marshal or his deputy, or other proper officer assigned by the court, where the marshal is a party in interest, in pursuance of the orders of the court ; and the proceeds thereof, when sold, shall be forthwith paid into the registry of the court by the officer making the sale, to be disposed of by the court according to law. 42. All moneys paid into the registry of the court shall be deposited in some bank designated by the court, and shall be so deposited ia the name of the court, and shall not be drawn out, except by a check or checks signed by a judge of the court and countersigned by the clerk, stating on whose ac- count and for whose use it is drawn, and in what suit and out of what fund in particular it is paid. The clerk shall keep a regular book, containing a memorandum and copy of aU the checks so drawn and the date thereof. 32406° — 18 10 30 EULES OF PRACTICE IN ADMIRALTY. 43. Any person having an interest in any proceeds in the registry of the court shall have a right, by petition and summary proceeding, to intervene pro interesse suo for delivery thereof to him ; and upon due notice to the adverse parties, if any, the court shall and may proceed summarily to hear and decide thereon, and to decree therein accord- ing to law and justice. And if such petition or claim shall be deserted, or, upon a hearing, be dis- missed, the court may, in its discretion, award costs against the petitioner in favor of the ad- verse party. 44. In cases where the court shall deem it expedi- ent or necessary for the purposes of justice, the court may refer any matters arising in the prog- ress of the suit to one or more commissioners, to be appointed by the court, to hear the parties and make report therein. And such commissioner or commissioners shall have and possess all the pow- ers in the premises which are usually given to or exercised by masters in chancery in reference to them, including the power to administer oaths to and to examine the parties and witnesses touching the premises. 4S. All appeals from the district to the circuit court must be made while the court is sitting, or within such other period as shall be designated by the BTJLES OF PRACTICE IN ADMIRALTY. 31 district court by its general rules, or by an order specially made in the particular suit; or in case no such rule or order be made, tben within thirty days from the rendering of the decree. 46. In all cases not provided for by the foregoing rules, the district and circuit courts are to regu- late the practice of the said courts respectively, in such manner as they shall deem most expedient for the due administration of justice in suits in admiralty. 47. In all suits in personam, where a simple war- rant of arrest issues and is executed, bail shall be taken by the marshal and the court in those cases only in which it is required by the laws of the State where an arrest is made upon similar or analogous process issuing from the State court. And imprisonment for debt, on process issuing out of the admiralty court, is abolished in all cases where, by the laws of the State in which the court is held, imprisonment for debt has been, or shall be, hereafter abolished upon similar or anal- ogous process issuing from a State court. 48. The twenty-seventh rule shall not apply to cases where the sum or value in dispute does not exceed fifty dollars, exclusive of costs, unless the district court shaU be of opinion that the proceedings pre- 32 RULES or PRACTICE IN ADMIRALTT. scribed by that rule are necessary for tbfe purposes of justice in the case before the court. All rules and parts of rules heretofore adopted, inconsistent with this order, are hereby repealed and annulled. Further proof, taken in a circuit court upon an admiralty appeal, shall be by deposition, taken before some commissioner appointed by a circuit court, pursuant to the acts of Congress in that behalf, or before some officer authorized to take depositions by the thirtieth section of the act of Congress of the 24th of September, 1789, upon an oral examination and cross-examination, unless the court in which such appeal shall be pending, or one of the judges thereof, shall, upon motion, allow a commission to issue to take such deposi- tions upon written interrogatories and cross-inter- rogatories. When such deposition shall be taken by oral examination, a notification from the mag- istrate before whom it is to be taken, or from the clerk of the court in which such appeal shall be pending, to the adverse party, to be present at the taking of the same, and to put interrogatories, if he think fit, shall be served on the adverse party or his attorney, allowing time for their attendance after being notified not less than twenty-four hours, and, in addition thereto, one day, Sundays exclusive, for every twenty miles' travel; pro- vided, that the court in which such appeal may be RTILES OF PRACTICE IN ADMIRALTY. 33 pending, or either of the judges thereof, may, upon motion, increase or diminish the length of notice above required. 60. When oral evidence shall be taken down by the clerk of the district court, pursuant to the above- mentioned section of the act of Congress, and shall be transmitted to the circuit court, the same may be used in evidence on the appeal, saving to each party the right to take the depositions of the same witnesses, or either of them, if he should so elect. 61, When the defendant, in his answer, alleges new facts, these shall be considered as denied by the -iibellant, and no replication, general or special, shall be filed, unless allowed or directed by the court on proper cause shown. But within such time after the answer is filed as shall be fixed by the district court, either by general rule or by special order, the libellant may amend his libel so as to confess and avoid, or explain or add to, the new matters set forth in the answer; and within such time as may be fixed, in like manner, the defendant shall answer such amendments. 52. The clerks of the district courts shall make up the records to be transmitted to the circuit courts 34 EULES OF PRACTICE IN ADMIRALTY. on appeals, so that the same shall contain the fol- lowing : 1. The style of the court. 2. The names of the parties, setting forth the original parties, and those who have become parties before the appeal, if any change has taken place. 3. If bail was taken, or property was attached or arrested, the process of the arrest or attachment and the service thereof; all bail and stipulations; and, if any sale has been made, the orders, war- rants, and reports relating thereto. 4. The libel, with exhibits annexed thereto. 5. The pleadings of the defendant, with the ex- hibits annexed thereto. 6. The testimony on the part of the libellant, and any exhibits not annexed to the libel. 7. The testimony on the part of the defendant, and any exhibits not annexed to his pleadings. 8. Any order of the court to which exception was made. 9. Any report of a,n assessor or assessors, if ex- cepted to, with the orders of the court respecting the same, and the exceptions to the report. If the report was not excepted to, only the fact that a ref- erence was made, and so mucjbi of the report as shows what results were arrived at by the assessor, are to be stated. 10. The final decree. 11. The prayer for an appeal, and the action of the district court thereon; and no reasons of ap- peal shall be filed or inserted in the transcript. RULES OF PRACTICE IN ADMIRALTY. 35 The following shall be omitted: 1. The continuances. 2. All motions, rules, and orders not excepted to which are merely preparatory for trial. 3. The commissions to take depositions, notices therefor, their captions, and certificates of their being sworn to, unless some exception to a deposi- tion in the district court was founded on some one or more of these; in which case, so much of either of them as may be involved in the exception shall be set out. In all other cases it shall be sufficient to give the name of the witness and to copy the interrogatories and answers, and to state the name of the commissioner, and the place where and the date when the deposition was sworn to; and, in copying all depositions taken on interrogatories, the answer shall be inserted immediately follow- ing the question. The clerk of the district court shall page the copy of the record thus made up, and shall make an index thereto, and he shall certify the entire document, at the end thereof, under the seal of the court, to be a transcript of the record of ^he district court in the cause named at the beginning of the copy made up pursuant to this rule; and no other certificate of the record shall be needful or inserted. Hereafter, in making up the record to be transmitted to the circuit clerk on appeal, the clerk of the district court shall omit therefrom 36 ETJIiES OF PRACTICE IN ADMIEALTT. any of the pleading, testimony, or exMbits which the parties by their 'proctors shall by written stipulation agree may be omitted ; and such-stipu- lation shall be certified up with the record. 63. Whenever a cross-libel is filed upon any counter- claim, arising out of the same cause of action for which the original libel was filed, the respondents in the cross-libel shall give security in the usual amount and form, to respond in damages, as claimed in said cross-libel, unless the court, on cause shown, shall otherwise direct; and all pro- ceedings upon the original libel shall be stayed until such security shall be given. 54. When any ship or vessel shall be libeled, or the owner or owners thereof shall be sued, for any em- bezzlement, loss, or destruction by the master, offi- cers, mariners, passengers, or any other person or persons, of any property, goods, or merchandise shipped or put on board of such ship or vessel, or for any loss, damage, or injury by collision, or for any act, matter, or thing, loss, damage, or for- feiture done, occasioned, or incurred, without the privity or knowledge of such owner or owners, and he or they shall desire to claim the benefit of limi- tation of liability provided for in the third and fourth sections of the act of March 3, 1851, en- titled "An act to limit the liability of shipowners, RULES Of practice in ADMlItALTT. 37 and for other purposes," now embodied in sections 4283 to 4285 of the Revised Statutes, the said owner or owners shall and may file a libel or peti- tion in the proper district court of the United States, as hereinafter specified, setting forth the facts and circumstances on which such limitation of liability is claimed, and praying proper relief in that behalf; and thereupon said court, having caused due appraisement to be had of the amount or value of the interest of said owner or owners, re- spectively, in such ship or vessel, and her freight, for the voyage, shall make an order for the payment of the same into court, or for the giving of a stipu- lation, with sureties, for payment thereof into court whenever the same shall be ordered; or, if the said owner or owners shall so elect, the said court shall, without such appraisement, make an order for the transfer by biTn or them of his or their interest in such vessel and freight, to a trustee to be ap- pointed by the court under the fourth section of said act; and, upon compliance with such order, the said court shall issue a monition against all persons claiming damages for any such embezzle-, ment, loss, destruction, damage, or injury, citing them to appear before the said court and make due proof of their respective claims at or before a certain time to be named in said writ, not less than three months from the issuing of the same; and public notice of such monition shall be given as in other cases, and such further notice served 38 KULES OF PRACTICE IN ADMIRALTY. V through the post office, or otherwise, as the court, in its discretion may direct; and the said court shall also, on the application of the said owner or owners, make an order to restrain the further prosecution of aU and any suit or suits against said owner or owners in- respect of any such claipa or claims. 65. Proof of all claims which shall be -presented in pursuance of said monition shall be made before a commissioner, to be designated by the court, subject to the right of any person interested to question or controvert' the same; and upon the completion of said proofs, the commissioner shall make report of the claims so proven, and upon confirmation of said report, after hearing any ex- ceptions thereto, the moneys paid or secured to be paid into court as aforesaid, or the proceeds of said ship or vessel and freight (after payment of costs and expense), shall be divided pro rata- amongst the several claimants in proportion to the amount of their respective claims, duly proved and confirmed as aforesaid, saving, however, to aU parties any priority to which they may be legally entitled. S6. In the proceedings aforesaid, the said owner or owners shall be at liberty to contest his or their liability, or the liability of said ship or vessel for RULES OF PRACTICE IN ADMIRALTY. 39 said embezzlement, loss, destruction, damage, or injury (independently of tlie limitation of liability claimed under said act), provided that, in Ms or their libel or petition, he or they shall state the facts and circumstances by reason of which exemp- tion from liability is claimed; and any person or persons claiming damages as aforesaid, and who shall have presented his or their claim to the com- missioner under oath, shall and may answer such libel or petition, and contest the right of the owner or owners of said ship or vessel, either to an exemption from liability, or to a limitation of liability under the said act of Congress, or both. 57. The said libel or petition shall be filed and the' said proceedings had in any district court of the United States in which said ship or vessel may be libeled to answer for any such embezzlement, loss, destruction, damage, or injury; or, if the said ship or vessel be not libeled, then in the district court for any district in which the said owner or owners may be sued in that behalf. When the said ship or vessel has not been libeled to answer the matters aforesaid, and suit has not been com- menced against the said owner or owners, or has been commenced in a district other than that in which the said ship or vessel may be, the said pro- ceedings may be had in the district court of the district in which the said ship or vessel mkj be, and where it may be subject to the control of such 40 RULES OF PRACTICE IN ADMIRALTY. court for the purposes of the case as hereinbefore provided. If the ship have already been libeled and sold, the proceeds shall represent the same for the purposes of these rules. 68. All the preceding rules and regulations for proceeding in cases where the owner or owners of a ship or vessel shall desire to claim the benefit of limitation of liability provided for in the act of Congress in that behalf, shall apply to the cir- cuit courts of the United States where such cases" are or shall be pending in said courts upon appeal from the district courts. In a suit for damage by collision, if the claim- ant of any vessel proceeded against, or any re- spondent proceeded against in persona/m, shall, by petition, on oath, presented before or at the time of answering the libel, or within such further time as the court may allow, and containing suitable allegations showing fault or negligence in any^ other vessel contributing to the same collision, and the particulars thereof, and that such other vessel or any other party ought to be proceeded against in the same suit for such damage, pray that process be issued against such vessel or party to that end, such process may be issued, and, if duly served, such suit shall proceed as if such vessel or party had been originally proceeded RULES OF PRACTICE IN ADMIRALTY. 41 against; the other parties in the suit shall answer the petition; the claimant of such vessel or such new party shall answer the libel ; and such further proceedings shall be had and decree rendered by the court in the suit as to law and justice shall appertain. But every such petitioner shall, upon filing his petition, give a stipulation, with sufficient sureties, to pay to the libellant and to any claim- ant or new party brought in by virtue of such process, all such costs, damages, and expenses as shall be awarded against the petitioner by the court upon the final decree, whether rendered in the original or appellate court; and any such claimant or new party shall give the same bonds or stipuations which are required in like cases from parties brought in under process issued on the prayer of a libellant. GENERAL ORDERS IN BANKRUPTCY \ ADOPTED AND ESTABLISHED BY THE SUPREME COURT OF THE UNITED STATES NOVEMBER 28, 1898 WASHINGTON GOVERNMENT PRINTING OFFICE 1918 GENERAL ORDERS IN BANKRUPTCY. SuPKEME Court op the United States. OCTOBER TBRM, 189S. In pursuance of the powers conferred by the Constitution and laws upon the Supreme Court of the United States, and particularly by the act of Congress approved July 1, 1898, entitled "An act to establish a uniform system of bankruptcy throughout the United States," it is ordered, on this 28th day of November, 1898, that the follow- ing rules be adopted and established as general orders in bankruptcy, to take effect on the first Monday, being the second day, of January, 1899. And it is further ordered that all proceedings in bankruptcy had before that day, in accordance with the act last aforesaid, and being in substan- tial conformity either with the provisions of these general orders, or else with the general orders es- tablished by this court under the bankrupt act of 1867 and with any general rules or special orders of the courts in bankruptcy, stand good, subject, however, to such further regulation by rule or order of those courts as may be necessary or 32406°— 18 11 3 4: GENERAL ORDERS IN BANKRTTFl'CY. proper to carry into force and effect the bank- rupt act of 1898 and tke general orders of this court. I. DOCKET. The clerk shall keep a docket, in which the Cases shall be entered and numbered in the order in which they are commenced. It shall contain a memorandum of the filing of the petition and of the action of the court thereon, of the reference of the case to the referee, and of the transmissionT)y him to the clerk of his certified record of the pro- ceedings, with the dates thereof, and a memoran- dum of all proceedings in the case except those duly entered on the referee's certified record afore- said. The docket shall be arranged in a manner convenient for reference, and shall at all times be open to public inspection. II. FILING OF PAPERS. The clerk or the referee shall indorse on each paper filed with him the day and hour of filing, and a brief statement of its character. III. PKOCESS. . All process, summons and subpoenas shall issue out of the court, under the seal thereof, and be GENERAL OEDEKS IN BANKETTPTCY. tested by the clerk; and blanks, with the signa- ture of the clerk and seal of the court, may, upon application, be furnished to the referees. IV. CONDTJCT OF PEOCEEDINGS. Proceedings in bankruptcy may be conducted by the bankrupt in person in his own behalf, or by a petitioning or opposing creditor; but a creditor will only be allowed to manage before the court his individual interest. Every party may appear and conduct the proceedings by attorney, who shall be an attorney or counsellor authorized to practice in the circuit or district court. The name of the attorney or counsellor, with his place of business, shall be entered upon the docket, with the date of the entry. All papers or proceedings offered by an attorney to be filed shall be indorsed as above required, and orders granted on motion shall contain the name of the party or attorney making the motion. Notices and orders which are not, by the act or by these general orders, required to be served on the party personally may be served upon his attorney. V. FEAME OF PETITION. All petitions and the schedules filed therewith shall be printed or written out plainly, without abbreviation or interlineation, except where such 6 GENERAL ORDERS IN BANKRUPTOT. abbreviation and interlineation may be for the purpose of reference. VI. PETITIONS IN DIFFERENT DISTRICTS. In ease two or more petitions shall be filed against the same individual in different districts, the first hearing shall be had in the district in which the debtor has his domicil, and the petition may be amended by inserting an allegation of an act of bankruptcy committed at an earlier date than that first alleged, if such earlier act is charged in either of the other petitions; and in case of two or more petitions against the same partnership in different courts, each having juris- diction over the case, the, petition first filed shall be first heard, and may be amended by the inser- tion of an allegation of an earlier act of bank- ruptcy than that first alleged, if such earlier-^act is charged in either of the other petitions; and, in either case, the proceedings upon the other petitions may be stayed until an adjudication is made upon the petition first heard; and the court which makes the first adjudication of bankruptcy shall retain jurisdiction over all proceedings therein until the same shall be closed. In case two or more petitions shall be filed in different dis- tricts by different members of the same partner- ship for an adjudication of the bankruptcy of said partnership, the court in which the petition GENERAL ORDERS IN BANKRXTPTOY. < is first filed, having gurisdiction, shall take and retain jurisdiction over all proceedings in such bankruptcy until the same shall be closed; and if such petitions shall be filed in the same district, action shall be first had upon the one first filed. But the court so retaining jurisdiction shall, if satisfied that it is for the greatest convenience of parties in interest that another of said courts should proceed with the cases, order them to be transferred to that court. VII. PRIORITY OF PETITIONS. Whenever two or more petitions shall be filed by creditors against a common debtor, alleging sep- arate acts of bankruptcy committed by said debtor on different days within four months prior to the filing of said petitions, and the debtor shall appear and show cause against an adjudication of bank- ruptcy against bim on the petitions, that petition shall be first heard and tried which alleges the commission of the earliest act of bankruptcy ; and in case the several acts of bankruptcy are alleged in the different petitions to have been committed on the same day, the court before which the same are pending may order them to be consolidated, and proceed to a hearing as upon one petition ; and if an adjudication of bankruptcy be made upon either petition, or for the commission of a single act of bankruptcy, it shall not be necessary to pro- 8 GENERAL ORDERS IN BANKRTTPTCT. ceed to a hearing upon the remaining petitions, unless proceedings be taken by the debtor for the purpose of causing such adjudication to be an- nulled or vacated. VIII. PROCEEDINGS IN PARTNERSHIP CASES. Any member of a partnership who refuses to join in a petition to have the partnership declared bankrupt shall be entitled to resist the prayer of the petition in the same manner as if the petition had been filed by a creditor of the partnership, and notice of the filing of the petition shaU be given to him in the same manner as provided by law and by these rules in the case of a debtor peti- tioned against; and he shall have the right to ap- pear at the time fixed by the court foi^the hearing of the petition, and to make proof, if he can, that the partnership is not insolvent or has not com- mitted an act of bankruptcy, and to make all de- fences which any debtor proceeded against is en- titled to take by the provisions of the act ; and in case an adjudication of bankruptcy is made upon the petition, such partner shall be required to file a schedule of his debts and an inventory of his property in the same manner as is required by the^ act in cases of debtors against whom adjudication of bankrupty shall be made. GENERAL ORDERS IN BANKRtTPTCY. 9 IX. SCHEDULE IN INVOLUNTAKY BANKRUPTCY. In all cases of involuntary bankruptcy in wMch the bankrupt is absent or can not be found, it shall be the duty of the petitioning creditor to file, within five days after the date of the adjudication, a schedule giving the names and places of resi- dence of all the creditors of the bankrupt, accord- ing to the best information of the petitioning creditor. If the debtor is found, and is served with notice to furnish a schedule of his creditors and fails to do so, the petitioning creditor may apply for an attachment against the debtor, or may himself furnish such schedule as aforesaid. X. INDEMNITY FOR EXPENSES. Before incurring any expense in publishing or mailing notices, or in traveling, or in procuring the attendance of witnesses, or in perpetuating tes- timony, the clerk, marshal, or referee may require, from the bankrupt or other person in whose behalf the duty is to be performed, indemnity for such expense. Money advanced for this purpose by the bankrupt or other person shall be repaid him out of the estate as part of the cost of administering the same. 10 GENERAL ORDERS IN BANKRUPTOT. XI. AMENDMENTS. The court may allow amendments to the petition and schedules on application of the petitioner. Amendments shall be printed or written, signed and verified, like original petitions and schedules. If amendments are made to separate schedules, the same must be made separately, with proper refer- ences. In the application for leave to amend, the petitioner shall state the cause of the error in the paper originally filed. XII. DUTIES OF REFEREE. 1. The order referring a case to a referee shall name a day upon which the bankrupt shall attend before the referee; and from that day the bank- rupt shall be subject to the orders of the court in. all matters relating to his bankruptcy, and may receive from the referee a protection -against ar- rest, to continue until the final adjudication on his application for a discharge, unless suspended or vacated by order of the court. A copy of the order shall forthwith be sent by mail to the referee, or be delivered to him personally by the clerk or other officer of the court. And thereafter all the proceedings, except such as are required by the act or by these general orders to be had before the judge, shall be had before the referee. GENERAL ORDERS IN BANKRTJPTCY. 11 2. The time when and the place where, the referees shall act upon the matters arising under the several cases referred to them shall be fixed by special order of the judge, or by the referee ; and at such times and places the referees may perform the duties which they are empowered by the act to perform, 3. Applications for a discharge, or for the ap- proval of a composition, or for an injunction to stay proceedings of a court or officer of the United States or of a State, shall be heard and decided by the judge. But he may refer such an application, or any specified issue arising thereon, to the referee to ascertain and report the facts. XIII. APPOINTMENT AND EEMOVAL OF TEUSTEE. The appointment of a trustee by the creditors shall be subject to be approved or disapproved by the referee or by the judge; and he shall be re- movable by the judge only. XIV. NO OFFICIAL OE GENEKAL TEUSTEE. No official trustee shall be appointed by the court, nor any general trustee to act in classes of cases. 12 GENERAL ORDERS IN BANKRUPTOY. XV. TETJSTBE NOT APPOINTED IN CERTAIN CASES. If the schedule of a voluntary bankrupt dis- closes no assets, and if no'*creditor appears at the first meeting, the court may, by order setting out the facts, direct that no trustee be appointed ; but at any time thereafter a trustee may be appointed, if the court shall deem it desirable. If no trustee is appointed as aforesaid, the court may order that no meeting of the creditors other than the first meeting shall be called. XVI. NOTICE TO TKTISTEE OP HIS APPOINTMENT. It shaU be the duty of the referee, immediately upon the appointment and approval of the trustee, to notify him in person or by mail of his appoint- ment; and the notice shall require the trustee forthwith to notify the referee of his acceptance or ^rejection of the trust and shall contain a state- ment of the penal sum of the trustee's bond. XVII. DUTIES or TRUSTEE. The trustee shall, immediately upon entering upon his duties, prepare a complete inventory of all the property of the bankrupt that comes into his possession. The trustee shall make report to GENERAL ORDERS IN BANKRUPTCY. 13 tlie court, within twenty days after receiving the notice of his appointment, of the articles set off to the bankrupt by him, according to the provisions of the forty-seventh section of the act, with the estimated value of each article, and any creditor may take exceptions to the determination of the trustee within twenty days after the filing of the report. The referee may require the exceptions to be argued before him, and shall certify them to the court for final determination at the request of either party. In case the trustee shall neglect to file any report or statement which it is made his duty to file or make by the act, or by any general order in bankruptcy, within five days after the same shall be due, it shall be the duty of the referee to make an order requiring the trustee to show cause before the judge, at a time specified in the order, why he should not be removed from office. The referee shall cause a copy of the order to be served upon the trustee at least seven days before the time fixed for the hearing, and proof of the service thereof to be delivered to the clerk. All accounts of trustees shall be referred as of course to the referee for audit, unless otherwise specially ordered by the court. XVIII. SALE OF PBOPEETY. 1. All sales shall be by public auction unless otherwise ordered by the court. 14 GENERAL 0BDER8 IN BANKBtrPTOY. 2. Upon application to the court, and for good cause shown, the trustee may be authorized to sell any specified portion of the .bankrupt's estate at private sale ; in which case he, shall keep an ac- curate account of each article sold, and the price received therefor, and to whom sold; which ac- count he shall file at once with the referee. 3. Upon petition by a bankrupt, creditor, re- ceiver or trustee, setting forth that a part or the whole of the bankrupt's estate is perishable, the nature and location of such perishable estate, and that there will be loss if the same is not sold im- mediately, the court, if satisfied of the facts stated and that the sale is required in the interest of the estate, may order the same to be sold, with or without notice to the creditors, and the proceeds to be deposited in court. XIX. ACCOTJNTS OF MARSHAL, The marshar shall make return, under oath, of his actual and necessary expenses in the service of every warrant addressed to him, and for custody of property, and other services, and other actual and necessary expenses paid by him, with vouchers therefor whenever practicable, and also with a statement that the amounts charged by him are just and reasonable. GENERAL ORDERS IN BANKRtTPTCY. 15 XX. PAPEKS FILED AFTER REFERENCE. Proofs of claims and other papers filed subse- quently to the reference, except such as call for action by the judge, may be filed either with the referee or with the clerk. » XXI. PROOF OF DEBTS. 1. Depositions to prove claims against a bank- rupt's estate shall be correctly entitled in the court and in the cause. When made to prove a debt due to a partnership, it must appear on oath that the deponent is a member of the partnership; when made by an agent, the reason the deposition is not made by the claimant in person must be stated; and when made to prove a debt due to a corpora- tion, the deposition shall be made by the treasurer, or, if the corporation has no treasurer, by the officer who duties most nearly correspond to those of treasurer ; if the treasurer or correspond- ing officer is not within the district wherein the bankruptcy proceedings are pending, the deposi- tion may be made by some officer or agent of the corporation having knowledge of the facts. Depo- sitions to prove debts existing in open account shall state when the debt became or will become due ; and if it consists of items maturing at differ- ent dates the average due date shall be stated, in . 16 GENERAL ORDERS IN BANKRUPTCY. default of which it shall not be necessary to com- pute interest upon it. All such depositions shall contain an averment that no note has been received for such account, nor any judgment rendered thereon. Proofs of debt received by any trustee shall be delivered to the referee to whom the cause is referred. 2. Any creditor may file with the referee a re- quest that all notices to which he may be entitled shall be addressed to him at any place, to be desig- nated by the post-office box or street number, as he may appoint ; and thereafter, and until some other designation shall be made by such creditor, all notices shall be so addressed ;_ and in other cases notices shall be addressed as specified in the proof of debt. 3. Claims which have been assigned before proof shall be supported by a deposition of the owner at the time of the commencement of proceedings, set- ting forth the true consideration of the debt aud that it is entirely unsecured, or if secured, the se- curity, as is required in proving secured claims. Upon the filing of satisfactory proof of the assign- ment of a claim proved and entered on the referee's docket, the referee shall immediately give notice by mail to the original claimant of the filing of such proof of assignment; and, if no objection be en- tered within ten days, or within further time al- lowed by the referee, he shall make an order sub- rogating the assignee to the original claimant. If GENERAL ORDERS IN BANKRUPTCY. 17 objection be made, he shall proceed to hear and determine the matter. 4. The claims of persons contingently liable for the bankrupt may be proved in the name of the ' creditor when known by the party contingently liable. When the name of the creditor is im- known, such claim may be proved in the name of the party contingently liable ; but no dividend shall be paid upon such claim, except upon satisfactory proof that it will diminish pro tanto the original debt. 5. The execution of any letter of attorney to represent a creditor, or of an assignment of claim after proof, may be proved or acknowledged before a referee, or a United States commissioner, or a notary public. When executed on behalf of a partnership or of a corporation, the person execut- ing the instrument shall make oath that he is a member of the partnership, or a duly authorized officer of the corporation on whose behalf he acts. When the person executing is not personally known to the officer taking the proof or acknowledgment, his identity shall be established by satisfactory proof. 6. When the trustee or any creditor shall desire the re-examination of any claim filed against the bankrupt's estate, he may apply by petition to the referee to whom the case is referred for an order for such re-examination, and thereupon the referee shall make an order fixing a time for hearing the petition, of which due notice shall be given by mail addressed 18 GENERAL ORDERS IN BANERtTPTCY. to the creditor. At the time appointed the referee shall take the examination of the creditor and of any witnesses that may be called by either party, and if it shall appear from such examination that the claim ought to be expmiged Or diminished the referee may order accordingly. XXII. TAKING OF TESTIMONY. The examination of witnesses before the referee may be conducted by the party in person or by his counsel or attorney, and the witnesses shall be sub- ject to examination and cross-examination, which shall be had in conformity with the mode now adopted in courts of law. A deposition taken upon an examination before a referee shall be taken down in writing by him, or under his direction, in the form of narrative, unless he determines that the examination shall be by question and answer. When completed it shall be read over to the wit- ness and signed by him in the presence of the referee. The referee shall jiote upon the deposi- tion any question objected to, with his decision thereon; and the court shall have power to deal with the costs of incompetent, immaterial, or ir- relevant depositions, or parts of them, as may be just. XXIII. ORDERS OP REFEREE. In all orders made by a referee, it shall be re- cited, according as the fact may be, that notice was GENERAL ORDERS IN BANKRUPTCY. 19 given, and the manner thereof; or that the order was made by consent; or that no adverse interest was represented at the hearing; or that the order was made after hearing adverse interests. XXIV. TRANSMISSION OF • PROVED CLAIMS TO CLERK. The referee shall forthwith transmit to the clerk a list of the claims proved against an estate, with the names and addresses of the proving creditors. XXV. SPECIAL MEETING OF CREDITORS. Whenever, by reason of a vacancy in the office of trustee, or for any other cause, it becomes neces- sary to call a special meeting of the creditors in order to carry out the purposes of the act, the court may call such a meeting, specifying in the notice the purpose for which it is called. XXVI. ACCOUNTS or REFEREE. Every referee shall keep an accurate account of his traveling and incidental expenses, and of those of any clerk or other officer attending him in the performance of his duties in any case which may be referred to him; and shall make return of the same under oath to the judge, with proper vouch- 32406°— 18 12 20 GENERAL ORDERS IN BANKRUPTCT. ers when vouchers can be procured, on the first Tuesday in each month. XXVII. RE"\TE"W" BY JUDGE. When a bankrupt, creditor, trustee, or other person shaU desire a review by the judge of any order made by the referee, he shall file with the referee his petition therefor, setting out the error complained of; and the referee shall forthwith certify to the judge the question .presented, a sum- mary of the evidence relating thereto, and the find- ing and order of the referee thereon. xxvin. REDEMPTION OF PROPERTY AND COMPOUNDING OF CLAIMS. Whenever it may be deemed for the benefit of the estate of a bankrupt to redeem and discharge any mortgage or other pledge, or deposit or lien, upon any property, real or personal, or to relieve said property from any conditional contract, and to tender performance of the conditions thereof, or to compound and settle any debts or other claims due or belonging to the estate of the bankrupt, the trusteee, or the bankrupt, or any creditor who has proved his debt, may file his petition therefor; and thereupon the court shall appoint a suitable time and place for the hearing thereof, notice of GENEKAL OKDEKS IN BANKHTJPaCY, 21 which shall be given as the court shall direct, so that all creditors and other persons interested may appear and show cause, if any they have, why an order should not be passed by the court upon the petition authorizing such act on the part of the trustee. XXIX. PAYMENT OF MONEYS DEPOSITED. No moneys deposited as required by the act shall be drawn from the depository unless by check or warrant, sighed by the clerk of the court, or by a trustee, and countersigned by the judge of the court, or by a referee designated for that purpose, or by the clerk or his assistant under an order made by the judge, stating the date, the sum, and the account for which it is d;^awn; and an entry of the substance of such check or warrant, Avith the da^e therepf, the sum drawn for, and the ac- count for which.it is drawn shall be forthwith made in a book kept for that purpose by the trus- tee or his clerk ; and all checks and drafts shall be entered in the order of time in which they are drawn, and shall be numbered in the case of each estate. A copy of this general^^ order shall be furnished to the depository, and also the name of any referee- or clerk authorized to countersign said cheeks. 22 GENERAL OBDEBS IN BANKETTPTCT. XXX. IMPEISONED DEBTOK. If, at the time of preferring Ms petition, tlie debtor shall be imprisoned, the court, upon appli- cation, may order him to be produced upon habeas corpus, by the jailor or any officer in whose cus- tody^ he may be, before the referee, for the purpose of testifying in any matter relating to his bank- ruptcy; and, if committed after the filing of his petition upon process in any civil action founded upon a claim provable in bankruptcy, the court may, upon like application, discharge him from such imprisonment. If the petitioner, during the pendency^ of the proceedings in bankruptcy, be ar- rested or imprisoned upon process in any civil ac- tion, the district court, upon Ms application, may issue a writ of habeas corpus to bring him be- fore the court to ascertain whether such process has been issued for the collection of any claim provable in bankruptcy, and if so provable he shall be discharged ; if not, he shaU be remanded to the custody in wMch he may lawfully be. Before granting the order for discharge the court shall cause notice to be served upon the creditor or his attorney, so as to give him an opportumty of ap- pearing and being heard before the granting of the order. XXXI. PETITION FOE DISCHARGE. The petition of a bankrupt for a discharge shall state concisely, in accordance with the provisions GENERAL ORDERS Ilf BANKRUPTCY. 23 of the act and the orders of the court, the proceed- ings in the case and the acts of the bankrupt. XXXII. OPPOSITION TO DISCHAKGE OR COMPOSITION. A creditor opposing the application of a bank- rupt for his discharge, or for the confirmation of a composition, shall enter his appearance in opposi- tion thereto on the day when the creditors are re- quired to show dause, and shall file a specification in writing of the grounds of his opposition within ten days thereafter, unless the time shall be short- ened or enlarged by special order of the judge. XXXIII. ARBITRATION. Whenever a trustee shall make application to the court for authority to submit a controversy arising in the settlement of a demand against a bankrupt's estate, or for a debt due to it, to the determination of arbitrators, or for authority to compound and settle such controversy by agree- ment with the. other party, the application shall clearly and distinctly set forth the subject matter of the controversy, and the reasons why the trustee thinks it proper and most for the interest of the estate that the controversy should be settled by arbitration or otherwise. 24 GENERAL ORDERS IN BANKRtTPTOT. XXXIV. COSTS IN" CONTESTED ADJUDICATIONS. In cases of involuntary bankruptcy, when the debtor resists an adjudication, and the court, after hearing, adjudges the debtor a bankrupt, the pe- titioning creditor shall recover, and be paid out of the estate, the same costs that are allowed to a party recovering in a suit in equity; and if the petition is dismissed, the debtor shall recover like costs against the petitioner. XXXV. COMPENSATION OF CLERKS^ REFEREES, AND TRUSTEES. 1. The fees allowed by the act to clerks shall be in fuU compensation for all services performed by them in regard to filing petitions or other papers required by the act to be filed with them, or in certifying or delivering papers or copies of records to referees or other officers, or in receiving or pay- ing out money; but shall not include copies fur- nished to other persons, or expenses necessarily in- curred in publishing or mailing notices or other papers. 2. The compensation of referees, prescribed by the act, shall be in full compensation for all serv- ices performed by them under the act, or under these general orders; but shall not include ex- penses necessarily incurred by them in publishing or mailing notices, in traveling, or in perpetuating GENERAL ORDERS IN BANKRUPTCY, 25 testimony, or other expenses necessarily incurred in the performance of their duties under the act and allowed by special order of the judge. 3. The compensation allowed to trustees by the act shall be in full compensation for the services performed by them ; but shall not include expenses necessarily incurred in the performance of their duties and allowed upon the settlement of their ac- counts. 4. In any case in which the fees of the clerk, referee, and trustee are not required by the act to be paid by a debtor before filing his petition to be adjudged a bankrupt, the judge, at any time dur- ing the pendency of the proceedings in bank- ruptcy, may order those fees to be paid out of the estate; or may, after notice to the bankrupt, and satisfactory proof that he then has or can obtain the money with which to pay those fees, order him to pay them within a time specified, and, if he fails to do so, may order his petition to be dismissed. He may also, pending such proceedings, both in voluntary and involuntary cases, order the com- missions of referees and trustees to be paid imme- diately after such commissions accrue and are earned. XXXVI. APPEALS. 1. Appeals from a court of bankruptcy to a circuit court of appeals, or to the supreme court of a Territory, shall be allowed by a judge of the 26 GENERAL ORDERS IN BANKRUPTOT. court appealed from or of the court appealed to, and shall be regulated, except as otherwise pro- vided in the act, by the rules governing appeals in equity in the courts of the United States. " 2. Appeals under the act to the Supreme Court of the United States from a circuit court of ap- peals, or from the supreme court of a Territory, or from the Supreme Court of the District of Co- lumbia, or from any court of bankruptcy what- ever, shall be taken within thirty days after the judgment or decree and shall be allowed by a judge of the court appealed from, or by a justice of the Supreme Court of the United States. 3. In every case in which either party is entitled by the act to take an appeal to the Supreme Court of the United States, the court from which the ap- peal lies shall, at or before the time of entering its judgment or decree, make and file a finding of the facts and its conclusions of law thereon, stated separately; and the record transmitted to the Su- preme Court of the United States on such an ap- peal shall consist only of the pleadings, the judg- ment or decree, the finding of facts, and the con- elusions of law. XXXVII. GENEEAL PB0VI8I0NS. In proceedings in equity instituted for the pur- pose of carrying into effect the provisions of the act, or for enforcing the rights and remedies given GENERAL ORDERS IN BANKRUPTCY. 27 by it, the rules of equity practice established by the Supreme Court of the United States shall be followed as nearly as may be. In proceedings at law instituted for the same purpose the practice and procedure In cases at law shall be followed as nearly as may be. But the judge may, by special order in any case, vary the time allowed for return of process, for appearance and pleading, and for taking testimony and publication, and may other- wise modify the rules for the preparation of any particular case so as to facilitate a speedy hearing. XXXYIII. F0KM8. The several forms annexed to these general orders shall be observed and used, with such alter- ations as may be necessary to suit the circum- stances of any particular case. RULES FOR PRACTICE AND PROCEDURE UNDER SECTION 25 OF AN ACT TO AMEND AND CONSOLIDATE THE ACTS RESPECTING COPYRIGHT APPROVED MARCH 4, 1909, TO TAKE EFFECT JULY 1, 1909 ADOPTED AND PROMULGATED BY THE SUPREME COURT OF THE UNITED STATES JUNE 1, 1909 WASHINGTON GOVEKN]jIENT PRINTING OFFICE 1918 RULES ADOPTED BY THE SUPREME COURT OF THE UNITED STATES FOR PRACTICE AND PROCEDURE UNBER SEC- TION 25 OF AN ACT TO AMEND AND CONSOLIDATE THE ACTS RESPECTING COPYRIGHT, APPROVED MARCH 4, 1 909. TO GO INTO EFFECT JULY 1 , 1 909. 1. The existing rules of equity practice, so far as they may be applicable, shall be enforced in pro- ceedings instituted under section twenty-five (25) of the Act of March fourth, nineteen hundred and nine, entitled '* An act to amend and consolidate the acts respecting copyright." A copy of the alleged infringement of Copy- right, if actually made, and a copy of the work alleged to be infringed, should accompany the peti- tion, or its absence be explained; except in cases of alleged infringement by the public performance of dramatic and dramatico-musical compositions, the delivery of lectures, sermons, addresses, and so forth, the infringement of copyright upon sculp- tures and other similar works and in any ■ case where it is not feasible. 3. Upon the institution of any action, suit or pro- ceeding, or at any time thereafter, and before the entry of final judgment or decree therein, the plaintiff or complainant, or his authorized agent 4 EXTLES RESPECTING COPYRIGHT. or attorney, may file with the Clerk of any Court given jurisdiction under section 34 of the Act of March 4, 1909, an affidavit stating upon the best of his knowledge, information and belief, the number and location, as near as may be, of the alleged infringing copies, records, plates, molds, matrices, etc., or other means for making the copies alleged to infringe the copyright, and the value of the same, and with such affidavit shall file with the Clerk a bond executed by at least two sureties and approved by the Court or a Commis- sioner thereof. 4. Such bond shall bind the sureties in a specified sum, to be fixed by the court, but not less than twice the reasonable value of such infringing copies, plates, records, molds, matrices, or other means for making such infringing copies, and be conditioned for the prompt prosecution of the action, suit, or proceeding; for the return of said articles to the defendant, if they or any of them are adjudged not to be infringements, or if the action abates, or is discontinued before they are returned to the de- fendant ; and for iiie payment to the defendant of any damages which the Court may award to him against the plaintiff or complainant. Upon the filing of said affidavit and bond, and the approval of said bond, the clerk shall issue a writ directed to the Marshal of the district where the said infring- ing copies, plates, records, molds, matrices, etc., or other means of making such infringing copies shall BTTLES RESPECTING COPYRIGHT. be stated in said affidavit to be located, and gener- ally to any Marshal of the United States directing the said Marshal to forthwith seize and hold the same subject to the order of the Court issuing said writ, or of the Court of the district in which the seizure shall be made. 6. The Marshal shall thereupon seize said articles or any smaller or larger part thereof he may then or thereafter find, using such force as may be reason- ably necessary in the premises, and serve on the defendant a copy of the affidavit, writ, and bond by delivering the same to him personally, if he can be found within the district, or if he can not be found, to his agent, if any, or to the person from whose possession the articles are taken, or if the owner, agent, or such person can not be found within the district, by leaving said copy at the usual place of abode of such owner or agent, with a person of suit- able age and discretion, or at the place where said articles are found, and shall make immediate re- turn of such seizure, or attempted seizure, to the Court. He shall also attach to said articles a tag or label stating the fact of such seizure and warning all persons from in any manner interfering there- with. 6. A Marshal who has seized alleged infringing ar- ticles, shall retain them in his possession, keeping them in a secure place, subject to the order of the Court. RULES RESPECTING COPYRIGHT. 7. Within three days after the articles are seized, and a copy of the affidavit, writ and bond are served as hereinbefore provided, the defendant shall serve upon the clerk a notice that he excepts to the amount of the penalty of the bond, or to the sure- ties of the plaintiff or complainant, or both, other- wise he shall be deemed to have waived all objec- tion to the amount of the penalty of the bond and the sufficiency of the sureties thereon. If the Court sustain the exceptions it may order a new bond to be executed by the plaintiff or complainant, or in default thereof within a time to be named by the Court, the property to be returned to the defendant. Within ten days after service of such notice, the attorney of the plaintiff or complainant shall serve upon the defendant or Ms attorney a notice of the justification of the sureties, and said sureties shall justify before the Court or a Judge thereof at the time therein stated. ' The defendant, if he does not except to the amount of the penalty of the bond or the sufficiency of the sureties of the plaintiff or complainant, may make application to the court for the return to him of the articles seized, upon filing an affidavit stating all material facts and circumstances tend- ing to show that the articles seized are not infring- RtTLES RESPECTING COPYRIGHT. ing copies, records, plates, molds, matrices, or means for making the copies alleged to infringe tlie copyright. 10. Thereupon the Court in its discretion, and after such hearing as it may direct, may order such re- turn upon the filing by the defendant of a bond ex- ecuted by at least two sureties, binding them in a specified sum to be fixed in the discretion of the Court, and conditioned for the delivery of said speci- fied articles to abide the order of the Court. The plaintiff or complainant may require such sureties to justify within ten days of the filing of such bond. 11. Upon the granting of such application and the justification of the sureties on the bond, the Mar- shall shall immediately deliver the articles seized to the defendant. 12. Any service required to be performed by any Marshal may be performed by any deputy of such Marshal. IS. For services in cases arising under this section, the Marshal shall be entitled to the same fees as are allowed for similar services in other cases. 32406«— 18 13 O