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"The worst Civil Code would be one which should be intended for all nations indiscriminately.-
The worst Maritime Code, one which should be dictated by the separate interests
and influenced by the peculiar manners of only one people."-PARDESSUS.

NEW YORK:

BANKS, GOULD & CO. LAW BOOKSELLERS.

ALBANY :

GOULD, BANKS & GOULD, 104 STATE STREET.

1850.

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without the order of the court; but such order may be entered of the clerk on filing a written consent thereto by the proctor in whose is detained and also, after appraisement and bond duly executed.

RULE 70.

If in possessory suits, after decrees for either party, the other sh application to the court for a proceeding in a petitory suit, and file th stipulation, the property shall not be delivered over to the prevaili until after an appraisement made, nor until he shall give a stipulat sureties, to restore the same property, without waste, in case his a shall prevail in the petitory suit, and also to abide as well all inter orders and decrees, as the final sentence and decree of the District Co on appeal, of the appellate court.

RULE 71.

In all cases where a judgment or decree is entered on a bond or tion filed with the clerk for the appraised or agreed value of any libelled in this court, the clerk shall receive in addition to the amoun bond, interest at the rate of six per cent. per annum, for the time whi intervene between the entry of the judgment, or date of the stipulat the day when the money shall be paid into court.

RULE 72.

A tender inter partes shall be of no avail on defence or in disch costs, unless on suit brought, and before answer, plea or claim f same tender is deposited in court to abide the order or decree to be the matter.

RULE 73.

When tender is first made, after suit brought, it must include taxal then accrued..

RULE 74.

No third party can intervene by claim without proof of a subsisting in the subject matter of the claim. This proof may, in the first insta the oath of the claimant, but subject to denial and disproof on the par libellant, on issue thereto or on summary petition.

RULE 75.

Double pleas, or exceptions, replications to pleas, triplications or rej &c., may be filed without previous leave of the court, the pleading of matters being restricted to cases in which the matters are distinct.

RULE 76.

Defence may be made by answer or claim, of matters of law or fac out the employment of exceptions or special pleas usual in causes of ci maritime jurisdiction, other than exceptions to the competency of the or the process or other matter of abatement.

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without the order of the court; but such order may be entered of course by the clerk on filing a written consent thereto by the proctor in whose behalf it is detained: and also, after appraisement and bond duly executed.

If in possessory suits, after decrees for either party, the other shall make application to the court for a proceeding in a petitory suit, and file the proper stipulation, the property shall not be delivered over to the prevailing party until after an appraisement made, nor until he shall give a stipulation, with sureties, to restore the same property, without waste, in case his adversary shall prevail in the petitory suit, and also to abide as well all interlocutory orders and decrees, as the final sentence and decree of the District Court, and on appeal, of the appellate court.

In all cases where a judgment or decree is entered on a bond or stipulation filed with the clerk for the appraised or agreed value of any property libelled in this court, the clerk shall receive in addition to the amount of the bond, interest at the rate of six per cent. per annum, for the time which shall intervene between the entry of the judgment, or date of the stipulation, and the day when the money shall be paid into court.

A tender inter partes shall be of no avail on defence or in discharge of costa, unless on suit brought, and before answer, plea or claim filed, the same tender is deposited in court to abide the order or decree to be made in the matter.

When tender is first made, after suit brought, it must include taxable costs then accrued..

No third party can intervene by claim without proof of a subsisting interest in the subject matter of the claim. This proof may, in the first instance, be the oath of the claimant, but subject to denial and disproof on the part of the libellant, on issue thereto or on summary petition.

Double pleas, or exceptions, replications to pleas, triplications or rejoinders, &c., may be filed without previous leave of the court, the pleading of several matters being restricted to cases in which the matters are distinct.

Defence may be made by answer or claim, of matters of law or fact, without the employment of exceptions or special pleas usual in causes of civil and maritime jurisdiction, other than exceptions to the competency of the party or the process or other matter of abatement.

Entered according to Act of Congress, in the year eighteen hundred and fifty, by

ERASTUS C. BENEDICT,

in the Clerk's Office of the District Court of the Southern District of New York.

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AND WITH A GRATEFUL SENSE OF HIS KINDNESS AND COURTESY.

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