RULE XXIX.

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.

RULE XXX.

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 attachment, compel the defendant to make further answer thereto, or may direct the matter of the exception to be taken pro confesso against the defendant, 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.

RULE XXXI.

The defendant may object by his answer to answer any allegation or interrogatory contained in the libel, which will expose him to any prosecution or punishment for a crime, or for any penalty or any forfeiture of his property for any penalty offence.

RULE XXXII.

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 defence set up in the answer, subject to the like exception as to matters which shall expose the libellant to any prosecution or punishment or forfeiture, as is provided in the 31st Rule. In default of due answer by the libellant to such interrogatories, the court may adjudge the libellant to be in default 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 favor of the defendant, as the court in its discretion shall deem most fit to promote public justice.

RULE XXXIII.

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 interrogatory 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.

RULE XXXIV.

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 course of admiralty proceedings to be heard for his own interest therein, he shall propound the matter in suitable allegations, to which, if admitted 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 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.

RULE XXXV.

Stipulations in admiralty and maritime suits may be taken in open court, or by the proper judge at chambers, or under his order, by any commissioner of the court, who is a standing commissioner of the court, and is now by law authorized to take affidavits and bail, and also depositions in civil causes pending in the courts of the United States.

RULE XXXVI.

Exceptions may be taken to any libel, allegation or answer for surplusage, irrelevancy, impertinence 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.

RULE XXXVII.

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 interrogatories 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 admit any debts, credits or effects. the same shall be held in his hands able to answer the exigency of the suit.

RULE XXXVIII.

In cases of mariners' wages, or bottomry, or salvage, or other proceedings 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 interested, require the party charged with the possession thereof to appear and show cause, why the same should not be brought into court to answer the exgency 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.

RULE XXXIX.

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 dismissed with costs.

RULE XL.

The court may in its discretion, upon the motion of the defendant and the payment of costs, 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 defendant submitting to such further orders and terms in the premises as the court may direct.

RULE XLI.

All sales of property under any decree in admiralty 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.

RULE XLII.

All moneys paid into the registry of the court shall be deposited in some bank designated by the court, and shall be so deposited in 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 account 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 all the checks so drawn and the date thereof.

RULE XLIII.

Any person having an interest in any proceeds in the registry of the court, shall have a right by petition and summary proceedings to intervene per interesse suo, for a 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 according to law and justice; and if such petition or claim shall be deserted, or upon a hearing be dismissed, the court may in its discretion award costs against the petitioner in favor of the adverse party.

RULE XLIV.

In cases where the court shall deem it expedient or necessary for the pur

poses of justice, the court may refer any matters arising in the progr
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 commis-
sioners shall have and possess all the powers in the premises which are
usually given to or exercised by masters in chancery in referenee to them,
including the power to administer oaths to and examine the parties and wit-
nesses touching the premises.

RULE XLV.

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 district court by its general rules, or by an order specially made in the particular suit.

RULE XLVI.

In all cases not provided for by the foregoing rules, the district and circuit courts are to regulate the practice of said courts respectively, in such manner as they shall deem most expedient for the due administration of justice in suits in admiralty.

RULE XLVII.

These rules shall be in force in all the circuit and district courts of the United States from and after the first day of September next.

It is ordered by the court, that the foregoing rules be and they are adopted and promulgated as rules for the regulation and government of the practice of the circuit courts and district courts of the United States in suits in admiralty on the instance side of the courts; and that the reporter of the court do cause the same to be published in the next volume of his reports; and that he do cause such additional copies thereof to be published, as he may deem expedient for the due information of the bar and bench in the respective districts and circuits.

SUPREME COURT OF THE UNITED STATES-DECF BER TERM. 1550-ADMIRALTY RULES.-Order That the following supplemental roles be adde the Tales here to adopted by this cours for regi ting proceedings in admiralty: in all suits in per am where a simple want of arrost issues an escorted, bat be taken by the marshal aud c.urt in those ca es only in which it is required the laws of the sate where an arrest is made up emilar or analagous process issuing from the stat

Aud imprisonment for debt, on process issuing cut of the admiralty court, is abolished in all cases where, by the laws of the state in which the court is held, impronment for debt has been or shall be hereafter abolished, upon similar or analagous process jesuing

from a state court.

The twenty-seventh rale shall not apply to cares where the sun or value in dispute does not execco Bity dollars exclave of coats, unless the district court shall be of opinion that the proceedings prescribed by that rule are necessary for the purpose of justice in the one before the court.

All ru and parts of rules herotofore adopted, inconsistent with this order, are hereby repealed and

arbulled

CHANCERY ROLE --Ordered, That the fortieth ale, heretofore aipted and pomulgated by this court one of the rels of pract co in suits in equity in the circuit courts, be and the same is hereby repealed and annulled. And it shall not hereafter be necessary to interrogate a defendat, specially and pa ticularly, upon say statement in the bill, unless the omplainant desire to do so, to obtain a discovery. WM. THOS. CARROL, Clerk Supreme Court of the United States.

BUSINES NOTICES,

RULES OF THE SUPREME COURT.

RULES OF THE PRACTICE OF THE SUPREME COURT
OF THE UNITED STATES.

RULES AND ORDERS.

1. FEBRUARY 3, 1790.

Ordered, That JOHN TUCKER, Esq., of Boston, be the Clerk of this Court. That he reside and keep his office at the seat of the National Government, and that he do not practice either as an Attorney or Counsellor in this Court while he shall continue to be Clerk of the same.

2. FEBRUARY 5, 1790.

Ordered, That (until further orders) it shall be requisite to the admission of Attorneys or Counsellors to practice in this Court, that they shall have been such for three years past in the Supreme Court of the State to which they respectively belong, and that their private and professional character shall appear to be fair.

3.-FEBRUARY 5, 1790.

Ordered, That Counsellors shall not practice as Attorneys, nor Attorneys as Counsellors, in this Court. (See Rule 14.)

Ordered, That they shall respectively take the following oath, viz: "I do solemnly swear that I will demean myself (as an Attorney or Counsellor of the Court) uprightly, and according to law; and that I will support the Constitution of the United States." (See Rule 6.)

5.-FEBRYARY 5, 1790.

Ordered, That (unless and until it shall otherwise be provided by law) all process of this Court shall be in the name of the President of the United States.

6. FEBRUARY 7, 1791.

Ordered, That the Counsellors and Attorneys admitted to practice in this Court, shall take either an oath, or in proper cases, an affirmation, of the