None
Supreme Court Rule 37, p. 529. proceedings when writ granted, § 594. CERTIORARI FOR DIMINUTION OF RECORD, § 584 Supreme Court Rule, 14; p. 520 ; C. C. A. Rule 18, p. 498. CHARLES I., resolutions or agreement in time of, § 71. omitted in Croke's reports after second edition, § 73w CHARTER PARTY, § 200. no particular form necessary, § 200. jurisdiction of, is well settled, § 200. CrRCTJIT COURT, § 252. in case of disability of district judge, cases transferred to, § 258, when disability removed, causes remanded, § 253. CIRCUIT COURT OF APPEALS, organization and jurisdiction, § 355, 561. its decision final in some cases, § 255, 562. may certify questions to the supreme court, § 255. may issue necessary writs, and make necessary rules, § 260, practice in, § 565-589. rules of, § 564. text of rules, pp. 494-511. index to circuit court of appeals rules, pp. 512-513. CITATION, to commence suit, § 348; D. C. Rules 9, 67, 74, pp. 446, 459, 461. on appeal to circuit court of appeals, § 580. on appeal district to supreme court, § 563. CIVIL LAW, § 5. practice under, § 384, 285. CLAIM, § 388-392. necessity for, § 874. no particular form of, necessary, § 388. must be sworn to — may be put in before return of process, § 388. how verified, Ad. Rule 26, p. 430. when put in, stipulation for costs and expenses to be filed, § 388, Ad, Rule 26, p. 430. may be excepted to, § 388. separate claimants put in separate, § 389. who may claim, § 389. must be separate, to separate libels, § 390. is no defence, § 391. CLAIMANT, who may be, § 389. 730 GENERAL INDEX. CLAIMANT— Continued. proof of interest by, D. C. Rule 39, p. 453. when perishable property delivered to, Ad. Rule 10, p. 437. when ships delivered to. Ad. Rule H, p. 437. when liable about stipulated amount, § 478. Vide Paktibs. CLASSES OF POWERS IN THE CONSTITUTION, § 26, 27. CLASSES OF CASES GRANTED TO THE UNITED STATES JUDICIARY, § 15, 84, 134-136. CLASSIFICATION, of maritime and non-maritime cases, § 183. CLERK, appointed by the court, § 263. oath of, § 263. bond of, § 263. to keep account of moneys deposited, § 264. duties and powers of, § 264, 581. fees of, § 480. of the district court, may make rules, orders, etc., in case of disability of the judge, § 253. may be attached, § 364. his admiralty register, § 365. to make up the record on appeals, § 581, Ad. Rule 52, p. 435. deputy, duties of, D. C. Rule 64, p. 459. COASTERS, are ships, § 152. CODES, MARITIME, THE ANCIENT, of continental Europe, § 107, 108, 105-123. Rhodes, § 109-114. Jerusalem, § 115. Oleron, § 116. Dam, Westcapelle, § 117. Wisbuy, § 118. Gonsulat de la Mer, § 119. Guidon de la Mer, § 120. Hanse towns, § 131. Norway— Two Sicilies — Iceland — Denmark — Lubec, Pisa, and Florence — Prussian States— Venice and Austria — Catalonia— Arragon, Valence, and Ma j orca — Sweden — Hamburg — Russia — Bremen — Papal States — G}enoa — Sardinia, Amsterdam, Enchuysen and Stavum, § 123. commentators on, and elementary writers, § 141. considered the nature of the transaction, § 143. treat of all cases of ships, shipping, and maritime commerce, § 143. COKE, LORD, § 6, 63, 70, 75. C0-LIBELLANT8, § 814. seamen may join as, D. C. Rule 4, p. 444. CO-DEPENDANTS, § 410. GENERAL INDEX. 731 COLLECTOR, goods in custody of, how attached, § 365, D. 0. Rule 14, p. 447. COLLISION, § 78, 182, 243. parties in suits for damage by, § 333, Ad. Rule 15, p. 428. bringing in other vessels, § 410. COLONIES, admiralty jurisdiction in, § 85-97. COLONLAX COURTS, § 85, 86, 93-97. COMMENCEMENT OF SUITS, § 341-343. COMMENTATORS, on maritime law, § 141. COMMERCE, § 1, 37, 38, 139. of the lakes and rivers, § 177, 178, 179, 180. COMMERCIAL CAUSES, § 1. COMMISSION, of the admiral, § 46, 47, 48, 113. colonial commissions, § 47, 76, 85, 93-97. of the admiralty ccurt in New York, § 85, 86. of the governor, § 88, 89, 91. vice-admiral, § 76, 90, 92. admiralty, to officers of state, § 91. of judge of the colonial court of admiralty, § 93, 93 and note, their general extent, § 93-97. subject-matter of, § 93. jurisdiction conferred by, as to place, § 94. as to persons, § 95. this jurisdiction was exercised, § 96, 97. to colonial judges and vice-admirals, § 90, 93. show the source and extent of the jurisdiction in the colonies, § 93. embrace the largest jurisdiction, including the cases denied to the English admiralty, § 93, 94, 95. jurisdiction conferred by, active, not dormant, § 96, 97. extensive jurisdiction complained of, § 97. of the king, runs through his whole dominions, § 85. to take testimony, or dedimus potestatem, § 452, 453, 454, D. C. Rules 47, 48, 49, p. 455. never issues to an enemy's country, in prize cases, § 452. mode of issuing regulated by the court, § 452. notice for, § 453 ; founded on what, § 453 ; interrogatories and cross-inter. rogatories, § 453 ; admission, to prevent issuing of, § 453. how executed, § 454. to take answer to interrogatories, when awarded, § 403, Ad. Rule 33, p. 431. su6 mutuoB vicissitudinis, or letters rogatory, § 456. COMMISSIONERS, appointed by the District Courts, § 270. terms of, § 270. powers and duties of, § 270, 271, Ad. Rules 5, 35, p. 426, 432. 732 GENERAL INDEX. COMMISSIONERS— Continued. matters may be referred to them, § 371, Ad. Rule 44, p. 434. references to, § 467-469, Ad. Rule 44, p. 434. have powers of master in chancery, § 271, Ad. Rule 44, p. 434 have powers of magistrates, § 270. have same powers conferred upon notaries public, § 370. fees of, § 482, D. C. Rule 51, p. 456. COMMON LAW, suits at, § 127-130, 134-138. of the United States, § 17. COMMON LAW COURTS, strife between, and the admiralty, § 6, 63-80. maritime cases in, § 127. COMMON LAW REMEDY, § 128. when jurisdiction concun-ent with admiralty, § 127-180. COMPLAINTS, of the colonists, did not refer to maritime cases, § 97. CONDEMNATION AND SALE § 371. CONFEDERATION, articles of, § 34. CONSENT, no decree for condemnation and sale to be entered upon, without publicatioD made, § 372, D. C. Rule 38, 34, p. 452. CONSIGNEE, claim, how verified by. Ad. Rule 26, p. 480. CONSOLIDATION, of suits, § 412, D. C. Rule 4, p. 444. CONSORTSHIP, § 214. CONSTITUTION, § 18, 19. discussed and adopted as it is, § 19. the result of compromises, § 19. consists mainly of grants, § 20, 22. is organic law, § 21. articles of confederation and the, § 24. took from the states all powers of national sovereignty, § 24. conveys elemental powers, § 25. for expressed purposes, § 26. classes of powers conferred by, § 26. grants of, § 20, 22, 25, 27. grants of, to the government of the U. 8., not to courts, § 25. not made after any previous pattern or standard, § 29. all its words significant, § 20, 31, 35. grant in, of admiralty and maritime jurisdiction, how to be interpreted^ § 31-85. CONSTITUTIONS OP THE STATES, § 28. CONSTITUTIONAL CONSTRUCTION, § 18, 19-85. CONSULAT DE LA MER— CONSULATE OP THE SEA, § 119. GENERAL INDEX. 733 CONSUL,. may claim for persons of his own nation, § 389. CONTINENTAL EUROPE, marine laws and ordinances of, § 105-108. Vide Codes Maritime. CONTINUANCE, in summary proceedings, costs on obtaining, D. C. Rule 68, p. 460. CONTRACTS, jurisdiction of, depends on subject-matter, not on locality, § 181. what are maritime, § 143, 145, 146. instances of maritime and not maritime, § 147. executory, § 144. CONTRIBUTION, average, § 230. between wrong-doers, § 411. CONTUMACY AND DEFAULT, § 876, Ad. Rule 39, p. 431. Vide Defattlt. COPIES OP PLEADINGS, when to be furnished to opposite party, § 418. COSTS AND FEES, § 476-496. are mainly disbursements, § 476. no legal tariff of, before act of Feb. 26, 1853, § 477. fee-bill, § 427 and pp. 547-552. allowed apart from the fee-bill, § 485. stipulations for, § 341, 419, 425, 428, D. C. Rules 7, 17, 21. when the court may compel defendant to give stipulation for, § 425. stipulation for, to be filed when claim is put in, § 388, Ad. Rule 26, p. 430. intervener to give stipulation for, § 427, Ad. Rule 34, p. 432. entirely in discretion of the court, § 488. vary according to equity and circumstances, § 488. never decreed against the government, § 486. none on dismissal for want of jurisdiction, § 487. on a tender, § 493. offer of judgment, § 493. on multiplicity of suits, § 489. when damages divided, § 491. when suits consolidated, § 490. may be apportioned, § 492. docket-fee, § 478. depositions, § 478. auctioneer, § 481. proctor's fee, § 478. counsel fees, § 479. clerk's fees, § 480. marshal's fees, § 481. commissioner's fees, § 482. witness fees, § 483. 734 GENEKAL INDEX. COSTS AND PEES— Continued. mileage, § 483. subpoena fees, § 483. printer's fees, § 484. stenographer's fees, § 485. premium paid Surety Co., § 485. taxation of, § 495. taxed bill of, to be filed, § 495, D. C. Rule 56, p. 457 appeal from taxation of, § 496. miscellaneous provisions as to, § 494. of oflScers of court, when to be paid into court, D. C. Rules 20, 36, 38, ppi 449, 452. of appraisers, D. C. Rule 30, p. 451. when not allowed on separate answers, D. C. Rule 41, p. 454. in summary proceedings for wages, D. C. Rule 68, p. 460. of commissioners on references, D. C. Rule 55, p. 457. in suits in forma pauperis, § 486. proceedings under 59th rule, § 410. in limitation of liability proceedings, § 558. on appeal, § 587. COUNSEL, fees, when allowed, § 479. COUNTY, § 61. COURTS. of the colonies, § 85. organizations of, § 245, 277. admiralty courts, § 246. federal and state concurrent jurisdiction, § 127, 130. jurisdiction to commence, gives jurisdiction to finish, § 16. various kinds of, § 28, 40. same court, acts as a court of law, equity, and admiralty, § 259. district, § 248. circuit, § 252. circuit court of appeals, § 255. supreme, § 256. of the U. S. have all necessary powers, § 260. are prize, instance, and criminal courts, § 262. are of limited jurisdiction, § 14, 337. of the territories, admiralty jurisdiction of, § 247. Vide, District Couet — CmcuiT Court op Appeals — Supreme Coukt. CRIMES, § 599-602. constitutional provisions as to, § 600. district courts have jurisdiction, § 599, practice on, same as in common-law courts, § 601. no criminal proceedings in rem, § 293. commissioners have power to commit for, § 602. limitations, § 516. CRIMINAL COURT, District Court is, § 262. GENERAL INDEX. 735 CROKE'S REPORTS, mutilated, § 72. CROSS-LIBEL, § 393, 894. necessary, if defendant wishes affirmative relief, § 393. answer instead of, where vessel wholly lost, § 393. obtaining stay on, § 394. the 53d Rule, §394. by filing, defendant waives no defence, § 394. respondents in, to give security for damages when, § 394, Ad. Rule 53, p. 437. tin security given, proceedings on original libel to be stayed. Ad. Rule 53, p. 437 CURRENTS, do not affect the jurisdiction, § 173, 174, 175. CUSTODY FEE, allowed the marshal, § 481. DAMME, WESTCAPELLE, etc.. Laws of, § 117. damage to cargo, § 228, 229. DAMAGE, to person, on the high seas, § 231-241. admiralty wUI not entertain suits for nominal, for personal torts, § 234. to ship, § 242. to goods, § 228, 229. DEATH BY NEGLIGENCE, § 235-241. right of action for, dies with the person, § 235. on public navigable waters, state statutes applicable, § 236. lien for, only when state statute gives lien, § 236. on high seas, no right of action by general maritimie law, § 235. under statute of state or foreign country, § 237. in limitation of liability proceedings, may be a recovery, when, § 237. rights of action in rem. and in personam, § 238, 239. under state statute, governed by provisions of statute, § 240. act of congress needed, § 241. DAMAGES, ASSESSMENT OF, OFFER TO ALLOW, § 493. DAMAGES, division of, decree on, § 471, 472. DAMAGES, interest on, § 474. DEATH OF A PARTY, does not abate suit, if cause of action survive, § 414. proceedings on, D. C. Rule 6, p. 445. suit proceeds in name of executor, § 414. in circuit court of appeals, representatives may come in, or death may be suggested on the record, C. 0. A. Rule 19, p. 499. DEBT, imprisonment for, § 350, Ad. Rule 47, p. 434. 736 GENERAL INDEX. DECREE, § 465-475. In suits in rem binds all parties, § 297. varies according to case, § 465. interiocutory or final, § 466. final decree, what is, § 466, 568. by default, may be rescinded, when, § 377. court decides the principles and refers details, § 467. reference on, § 467-469. proceedings on reference, § 468. on division of damages, § 471, 472. 171 personam, after decree in rem, § 473. summary, against stipulators, § 498. interest on damages, § 474, D. C. Rule 58, p. 458. correcting, § 475. for amount in excess of stipulations, § 473. against stipulators, § 470, D. C. Rule 57, p. 458. not to be entered by default, or consent, unless publication has been duly made, § 372, D. C. Rule 33, 34, p. 452. in cases of set-off, § 392. in a suit in rem, may be a decree in personam, § 473. in personam, when a lien on debtor's real estate, § 470. appeal to circuit court of appeals from final only, § 568. DEDIMUS POTESTATEM, § 452-454. DEFAULT. of defendant, § 376. of one of several defendants, § 379. of libellant, § 382, Ad. Rule 32, p. 431. in personam, § 376.. in rem, § 378. in seizure cases, § 381. how taken. Ad. Rule 29, p. 431. may be set aside, § 377, 382, Ad. Rule 29, p. 431. reference on, to compute damages, § 380. court has no power to open, after 10 days after entry of final decree, § 377. decree by, D. C. Rule 33, 44, pp. 452, 454. of defendant, when property is attached, § 356. of garnishee, § 386. of one of several defendants, does not prejudice those who have appeared, §379. no decree to be entered on unless publication has been duly made, § 372, D. C. Rule, 33 p. 452, DEFENCE, must be set up in answer, or allegations, § 891. none heard, which is not spread before the court, § 391. set-off does not constitute, § 392. claim is not, § 391. different, may be set up in same pleading, § 405. GENERAL INDEX. 737 DEFENDANT, § 296, 317, 318. who may be made, § 317. default by one of several, does not prejudice those who have appeared, § 378. appearance of, § 383. stipulation for costs by, § 425. may be compelled to make further answer, when, Ad. Rule 30, p. 431. exception may be taken pro confesso against, when. Ad. Rule 30, p. 431. what he may object to answer, § 400, Ad. Rule 31, p. 431. when may be ordered to pay costs. Ad. Rule 28, p. 430. bringing in others, under 59th Rule, § 410. Vide Libel — Parties. DELIVERY OF PROPERTY, § 370-373, D. C. Rules 17, 20, 84, pp. 448, 449, 464. none in possessory and petitory suits, except, § 432, D. C. Rule 18, p. 449. application for, cannot be made, except by one having legal relation to, § 374. DEMURRAGE, §208. DENMARK. laws of, § 122. DEPOSIT, of money, as security, § 370, 422. DEPOSITIONS, de bene ease, § 442-450. may not be taken in foreign country, § 443. statutory requirements must be strictly followed, § 443. authority to take, limited, § 442. prima fade evidence of what, § 448. when they may be taken, § 443. taken before what officers, 444. how taken, § 445-447. notice of taking, § 445. reasonable notice, what is, § 445. on whom notice served, § 445. when court may fix term of notice, § 445. who may be compelled to appear, § 445. mode of taking, § 446. when taken by stenographer and typewriter, § 446. how sent, § 446. how opened, § 446. notice of filing, § 447. objections to, § 447. proof of regularity, § 448. motion to suppress, § 449. cannot be read, without showing reason for taking, § 450. objections to, when deemed waived, § 447. depositions in perpetuam rei memoriam, when and how taken, § 455. Vide Commission— Lettebs Rooatoby. DEPUTY MARSHALS, § 273-275. DIMINUTION OF THE RECORD, § 584. 738 GENERAL INDEX. DISBURSEMENTS, vouchers for, D. C. Rule 56, p. 457. DISCRETIONARY EXERCISE OF JURISDICTION, § 195. DISTRIBUTION, of proceeds, § 503, 504. DISTRICT, in which libel to be filed, § 305. DISTRICT ATTORNEY, § 269. DISTRICT COURT, organization and jurisdiction of, § 248-251, 254, 257, 262. has cognizance of all cases of admiralty and maritime jurisdiction, § 349. instance, criminal and prize court, § 363. judge of, must reside in the district, § 350. terms of, stated and special, § 350. always open, § 350. in case of disability of judge, marshal may adjourn, § 251. death of judge, all cases continued, § 351. disability of judge, § 351, 353. judge interested, § 354. practice of, § 805-559, 599-618. regulates its practice, in cases not provided for by the admiralty rules. Ad. Rule 46, p. 484. appeal from, see Appeals, § 561-593. may be prohibited, § 570, 595-598. when circuit court of appeals will issue inhibition to, § 598, C. C. A. Ad. Rule 13, p. 510. rules of, to regulate practice of circuit court of appeals, in cases not provided for by rules of that court, C. C. A. Ad. Rule 18, p. 511. DISTRICT COURT RULES, NEW YORK, p. 444. index to Southern and Eastern District Court Rules, pp. 472-479. DISTRICT COURT RULES, NEW JERSEY, p. 480. index to New Jersey District Rules, pp. 491-493. DISTRICTS, JURISDICTION OVER WATERS AROUND NEW YORK, § 378-382. DIYIDING LINE. between common law and admiralty, in cases of tort, § 232. DIVISION OF DAMAGES, DECREE ON, § 471, 472. DOCKAGE, § 305. DOMESTIC ATTACHMENT, § 352. DOMESTIC VESSELS, § 197, 198. DROITS, of the admiralty, § 78. none in the U. S., § 37. DUTIES, collection of, not a cause of admiralty jurisdiction, § 318. EASTERN DISTRICT, jurisdiction of, over waters around New York, § 280, 281. Vide DisTKiCT Court RuiiBs. GENERAL INDEX. 739 EDWARB I., ordinances of, § 54, 55, 56, 57, 58. ELIZABETH, agreement in time of, § 64. ENGLAND. relation of U. S. to, § 28. our government and laws, not those of, § 30. ENGLISH ADMIRALTY, § 44 to 83. ancient jurisdiction of, § 44 to 63. jurisdiction of, derived not from statute, but prerogative, § 45. influence of, on American jurisdiction, § 7. extent of jurisdiction in 1664, § 57. statute of Richard II. , § 58. commission of the admiral, § 46, 47, 48. agreement of 1575, § 64. agreement of, 1633, § 71. articuU admiralitatis, § 70. resolutions of judges in time of Charles I., § 71. strife with common law courts, § 68-80. jurisdiction of, restricted by prohibition, § 77. ancient jurisdiction of, restored, § 81. act of the republican parliament concerning, § 73. modern jurisdiction of, § 81, 83. narrow at the time of the American revolution, § 78. consolidation of the English courts, § 83. EQUITABLE JURISDICTION OF THE ADMIRALTY, § 261. has not the characteristic powers of a court of equity, § 143, 188, 261. decides on equitable principles, § 361. equity characterizes the practice, § 291. ETYMOLOGY, of admiral, § 36. admiralty, § 124. apostles, § 581. garnishee § 353. libel, § 298. maritime, § 40, 124. naval, § 145, note, nautical, § 145, note, ship, § 148, 150. EVIDENCE, § 437^64. state court rules as to competency prevail, § 437. admiralty court not boxmd by common law rules, § 437. judicial notice of foreign law, § 438. taking down evidence in court, § 451. ship's papers, § 437, note, inspector's rules, § 437, note. 740 GENERAL INDEX. EVIDENCE— Continued. interrogatories, answers to, as evidence, § 441. objections to, must be made at the hearing, § 487. pleadings, § 439. answers to interrogatories, § 440, 441. depositions de bene esse, § 442-450. commissiou or dedimus potestatem, § 453-454. depositions in perpetua/m rei memoriam, § 455. letters rogatory, § 456. parties, may testify, § 463. suppletory oath, § 463. decisory oath, § 463. court may order stenographer, § 451. testimony may be used on appeal, § 451, Ad. Rule 50, p. 435. Teopening cases for further proof, § 464. new on appeal, § 583, C. C. A. Ad. Rules 7, 8, 9, p. 509. Fide Dkpobition — Commisbiok — Hearing — Interkoqatobies. EXAMINATION OP PARTIES, § 463. Vide Evidence. EXCEPTIONS, § 301, 395-398. may be taken for what, § 395, Ad. Rule 36. p. 433. effect of, if allowed, Ad. Rule 36, p. 433. to the libel, § 395, 396, D. C. Rules 43, p. 454. may be united with answer, § 396. to claim, § 388. to answer, § 397, D. C. Rules 43, p. 454. to interrogatories, and answers to them, § 395, 397, 403, D. C. Rule 45, p. 454. to report of commissioner, § 395, 469, D. C. Rule 53, p. 456 when they must be made, or considered waived, § 395. facts judicially known to the court may be brought up by, § 395. peremptory, and dilatory, § 396. proceedings on, § 397, 398. when taken pro confesao against defendant. Ad. Rule 30, p. 431. EXCEPTIVB ALLEGATIONS, § 301. EXECUTION, § 497-506. when libellant may have, § 497, Ad. Rule 31, p. 429. fieri facias in nature of, § 497, Ad. Rule 21, p. 439, D. C. Rule 10, p. 446. against property in hands of garnishee, § 357. against garnishee, § 357. process for, D. C. Rule 57, p. 458. on final decree for payment of money, to be in nature of & fieri facias, § 497. runs through the state for individuals, § 497. in favor of the government, runs through the TJ. 8., § 497. in cases in rem to be a venditioni exponas, § 499, 500. duty of the marshal under, § 501. money collected to be deposited, § 503. distribution of proceeds under, § 503, 503, 504. duty of the clerk under, § 503. stayed ten days for appeal, D. C. Rule 57, p. 458. on summary judgment against stipulators, § 498. GENERAL INDEX. 741 EXECUTORS AND ADMINISTRATORS, § 315, 414 may be admitted to prosecute or defend, § 414. practice on introducing new party, § 414. EXECUTORY CONTRACTS, § 144. FEES. Tide Costs and Fees. FIERI FACIAS, § 497. writ of, adopted as final process, D. C. Rule 10, p. 446, FIFTY-THIRD RULE, § 394. FIFTY-NINTH RULE, § 410. FLORENCE, laws of, § 122. FORFEITURE, § 216, 217, 218. FOREIGN, vessels, § 197, 198. mariners on foreign vessels, § 193. states foreign to each other, § 23. FOREIGN ATTACHMENT. Vide Attachment. FOREIGN LAW, JUDICIAL NOTICE OF, § 438, FORMA PAUPERIS, suits in, § 436. FORMS, § 304. ViAe Index to Forms. FRANCE, marine ordinances of, § 105, 106. FREIGHT, § 199. FULLER, WORTHIES OF ENGLAND, derivation of admiral, § 3, note. FURTHER PROOF, on appeal, § 583. in prize cases, § 613. GARNISHEES, must be named in libel, § 336, 338. defendant's credits in their hands, must be stated, § 336. attachment of property In hands of, § 353. property of non-resident may be attached in hands of, § 353. must be cited to appear, § 353, 354, 357. default by, § 357. must appear and answer, when, § 357, 386, Ad. Rule 37, p. 432. interrogatories to, § 386. may deliver up property, § 386. regulations concerning attachment of property in hands of, D. C. Rule 13i p. 447. GENERAL AVERAGE, § 230. 742 GENERAL INDEX. GENERAL GOVERNMENT, not modelled upon the Institutions of Great Britain, § 28, SL within its own sphere, original and independent, § 25. limited in its objects, § 25. GENERAL VIEW, of the admiralty, § 1 to 12. GENOA, laws of, § 122. GODOLPHESr, § 74, 76, GRANTS, constitutional, § 20, 27. GREAT LAKES, suits arising on, § 138. GRIEVANCES of 1611, § 70. GUARDIAN, ad litem, § 315, D. C. Rule 69, p. 460. GUIDON DE LA MER, § 120. HAMBURG, maritime law of, § 122. HANSE TOWNS, laws of, § 121. BARTER ACT, The, § 229, 472. in cases of divided damages, § 472. HASTINGS, ordinances at, § 54 HEADING, of the libel, § 308. HEARING, or trial, § 457-464. either party may bring on, § 457. ex parte, on default, § 458, 459. note of issue for, D. C. Rule C. D. H. p. 468, 469, 470. notice of, § 457, D. C. Rule B. H. p. 469, 470. of exceptions, D. 0. Rule 43, 52, pp. 454, 456. conduct of, subject to discretion of the court, § 459, 460, 461, limited by allegations and proofs, § 461. further proof, § 464, Ad. Rule 49, p. 435. how conducted usually, § 461. in limited liability proceedings, § 555. rules of evidence, § 437-464. pleadings, § 489. answers to interrogatories, § 440, 441. depositions, § 442. arguments, § 463-466. on appeal, is a new trial, when, 566, 567. course of, on appeal, § 585, C. C. A. Rule 25, p. 502. GENERAL INDEX. 743 HIGH AND LOW WATER MARK, § 46, 48, 67. 59, 61. Vide Tide. HIGH SEAS, § 160, 282. HOME PORT, § 197, note. HYPOTHECATION, parties in cases of, § 325, Ad. Rule 17, 18, p. 428. ICELAND, laws of, § 123, IMPRISONMENT, false, § 234. for debt, § 350, Ad. Rule 47, p. 434 INCRIMmATE, defendant not bound to, § 400. INDIGENT SUITORS. § 436. mPANTS, to sue by proeJiein ami, § 315, D. C. Rule 69, p. 460. guardian ad litem for, § 315, D. C. Rule 69, p. 460. m FORMA PAUPERIS, suits, § 436. INFORMATION, definition of, § 306. reqviisites of. Ad. Rule 22, p. 429. amendments in. Ad. Rule 24, p. 430. practice on, D. C. Rule 79 to 88, p. 463, 464 Vide Libel. INFORMER, may sue in the admiralty, § 218. INHIBITION, may issue to district court, § 598, C. C. A. Ad. Rule 12, p. 510. INLAND WATERS, JURISDICTION OVER, § 159-181, 282. IN PERPETUAjVI REI MEMORIAM, DEPOSITIONS, § 455. INQUISITION, at Quinborough, § 55, 56. INSTANCE CAUSES, not tried by jury, § 262. INSTANCE COURT, DISTRICT COURT IS, § 262. INSULT AND INDECENCY, to a female passenger, § 234. INSURANCE, § 213. peculiarly a maritime contract, § 2*3. jurisdiction of, sustained by the Supreme Court, § 213. INSURERS, may claim, § 389. INTEREST, on damages, § 474. on appeals, § 587. 744 GENERAL INDEX. INTEREST— Continued. in limitation of liability proceedings, § 557. may be allowed in admiralty if ordered, S. C. Rule 23, p. 524 ; C. C. A. Rule 30 p. 503. INTERLOCUTORY SALE, OR APPRAISEMENT, § 371, 372. INTERPLEADER, § 406. INTERROGATORIES, § 839, 401, 402. may be propounded in the libel, § 339, Ad. Rule 23, p. 429. in the answer, § 401, Ad. Rule 32, p. 431. if not answered, libellant adjudged in default, and libel dismissed. Ad. Rule, 32, p. 431. or answer to, may be compelled. Ad. Rule 32, p. 431. or subject-matter may be taken pro eonfesao in favor of defendant, Ad. Rule 32, p. 431. certain, libellant or defendant may object to answer, § 400, Ad. Rule 32, p. 431. answer to, may be dispensed with when, § 403, Ad. Rule, 33, p. 431. may be taken by commission when, § 403, Ad. Rule 33, p. 431. as evidence, § 440, 441. what a party is excused from answering, § 400, 401. in case of sickness or absence, time allowed to answer, § 403. to parties, D. C. Rule 45, p. 454. upon commissions, § 403, D. C. Rule 47, 48, 49, p. 455. INTERVENTION, § 407-409. who may intervene, § 407. method of intervening, § 408. Ad. Rule 34, p. 432. intervener's right of recovery, § 409. must pray for attachment, when, § 409. intervener must give stipulation for costs and damages, § 408, Ad. Rule 34, p.432. INTERLOCUTORY DECREE, § 465. when not to direct sale of the property, § 477, D. C. Rule 33, p. 452. IRELAND, admiralty jurisdiction of, § 84. ISSUE, note of, to be filed with clerk, D. C. Rule C. D. pp. 468, 469. JAILS OP THE UNITED STATES, § 276. JAMES L, grievances and answer in time of, § 70. a/rticuU admiralitatia, in time of, § "0 JERUSALEM, laws of, § 115. JOINDER, OF SUITS IN REM AND IN PERSONAM when permissible, §294, 317. service of process in such suit, § 367. of parties and causes of action, § 317, 318, 319. GENERAL INDEX. 74& JUDGES, the district, § 250. interested, § 254. how appointed, § 257. oath of, § 257. commissions of, § 258. no separate admiralty commission, § 259. may not practice law, § 259. JUDGMENTS, satisfaction of, D. C. Rule 58, p. 458. JUDICIAL GRANTS, § 27, JUDICIAL POWER, of the U. S., § 14. 15, 134, 135. limited to places, to parties, to subject-matter, § 15, granted hy constitution, § 20. JUDICIARY ACT OP 1789, § 169. Judiciary and Process Acts, § 284. JURATORY SECURITY, § 436. JURISDICTION, § 12-18. district courts have original, of all civil, admiralty and maritime cases, § 246t 249. have exclusive, § 249. what it is, § 12. its source, § 13. classification of special cases of admiralty, § 182. equitable and legal, of the admiralty court, § 143, 188, 261. not dependent on lien, § 133, 295. consists of power to adjudicate and enforce, § 12, 16. source of, § 13. power to begin, implies power to finish, § 16. exclusive of the power of other nations, § 13. all exceptions to, derived from the nation itself, § 14, 15, 16. of the state courts of admiralty, § 98-104. of the courts of the U. S., limited, § 14, 15. courts of the territories, in admiralty, § 247. derived from the constitution, § 14, 18, 33. distributed by congress, § 14. limited to place, parties, and subject-matter, § 15. viewed in the U. 8. under two aspects, political and judicial, § 17. should be exercised when conferred, § 16, 195. federal and state, § 127-139. admiralty, constitutional grant of, § 18. cannot be conferred on a state court, § 127, 128. concurrent with state, when, § 127, 128. grant of, has received five constructions, § 18. of the admiralty in England, § 6, 44, 83. same rule contended for here, § 7, 8. ancient, of the English admiralty restored, § 81, 82. 746 GENERAL INDEX. JUEISDICTION-Contlnued. of the admiralty in France, § 105, 106. over canals, § 154-156. over national vessels, § 191. in admiralty exists in personam, as well as in rem, § 138, 395. not affected by fact that common-law courts have jurisdiction in like cases, § 128. extends to all navigable waters, § 159, 181. both legal and equitable, § 188, 261. objections to, how and when taken, § 301. based on locality in cases of tort, § 231, 232. cases in which the subject has been investigated since first edition of this work, § 8, note. Vide Admiralty Courts. JURY. trial by, § 6, 127-130, 137-139. instance and prize causes not tried by, § 262. criminal cases tried by, § 262. JUSTIFICATION, of sureties to stipulations, § 422, 575-577 D. C. Rule 22, p, 450: C. C. A. Ad. Rule 2, p. 507. KENT, CHANCELLOR, held the English rule as to jurisdiction, to prevail here, § 8. KING'S BENCH, its action in issuing prohibitions, § 77. court of, may issue prohibitions, but cannot confer or take away jurisdicliCHi of the admiralty, § 80. maritime law built up and extended in, § 40. LACK OF PROSECUTION, dismissal for, § 382, note. LADING AND UNLADING CARGO, §207. LAKES, aU cases that happen on the ocean, may happen on, § 180. rise and fall of water in, § 163. probably originally salt, § 173, note. and river commerce, § 177-181. length of coast of, § 178. Tide Public Navigable Waters. LAND AND WATER SYSTEMS OP THE EARTH, § 167. LAW, admiralty. Vide Admiralty Law. maritime. Vide Maritimb Law. common. Vide Common Law. commerce requires one system of, § 139. LETTERS ROGATORY, § 456. Vide Commission. LEGAL AND EQUITABLE JURISDICTION, § 143, 188, 261. GENERAL INDEX. 747 LIBEL, § 298, 304-340. district in which must be filed, § 305. must be filed, before process can issue, § 306. what it is and what it should contain, § 298, 306, 307, Ad. Rule 83, p. ^9. heading of, § 308. parties, libellants, § 309, real, should be the nominal parties, § 309. all entitled on same facts to same relief, should be joined, § 310. in cases where there are numerous libellants on similar causes, § 310. joinder of libellants, § 309. co-libellants, § 314. assigned claims, § 309. in cases of wages, § 311. in cases of seizure, § 312. having no independent wUl, cannot sue in their own name, § 315. suits may sometimes be brought in. oflBcial's name, § 309, 312. or in name of one person for many, § 310-313. master or owner may libel for all, § 313. by married women, minors, etc., § 315. party proceeds according to actual right, § 316, must show right in which he sues in libel, § 316. parties, defendants, § 317. if liable jointly or severally, must be so stated, § 317. if liable jointly and severally, may sue a part or all, § 317. may name some and describe others, § 317. if there be a lien, may proceed in rem, § 317. and property both responsible, may sue both, § 317. should be aptly described, § 318. parties generally, in suits for wages, § 330, Ad. Rule 13, p. 428. for pilotage, § 323, Ad. Rule 14, p. 438. for damage by collision, § 323, Ad. Rule 15, p. 438. for assault and beating, § 334, Ad.Rule 16, p. 428. for materials, § 831, Ad. Rule 12, p. 427. on maritime hypothecation, § 335, Ad. Rule 17, p. 438. on bottomry bonds, § 326, Ad. Rule 18, p. 428. for salvage, § 327, 337, Ad. Rule 19, p. 428. in limitation of liability, § 531-534, Ad. Rule 54, 66, p. 437, 438. D. C. Rules 73, 74, 75, p. 461, 462. in possessory and petitory actions, § 328. how added or stricken out, § 314. residence of, should be stated, § 320. joinder of proceedings in rem and in personam, § 294. of causes of action, § 333. misjoinder of proceedings, § 294. misjoinder of parties, § 319. property must be alleged to be in the district, § 320. statement of nature of case, § 330. statement of cause of action, § 331. 748 GENERAL INDEX. LIBEL— Continued. it must be set forth in articles numbered, § 331. must state every fact necessary to give jurisdiction and sliow tlie right of the party, § 321. may join any number of causes of action in personam or in rem, § 383. where party sues for himself and others, rights of others should appear, §833. in cases of joinder, or of salvors, rights must be stated, § 810, 883. should state the amount claimed, § 334. not conclusive as to amount, § 334. in seizure cases, should state place of seizure, § 335, Ad. Rule 33, p. 439. offence, must be correctly described, § 335, Ad. Rule 22, p. 439. garnishees should be named, § 836. jurisdiction must appear from, § 887. prayer of, § 338. interrogatories annexed to, and answers to them, § 839, Ad. Rule, 33, p. 440, must be signed, sworn to, and filed before process can issue, § 341, D. O. Rule 1, p. 444. when to be verified and when need not be, § 806-341, D. C. Rule 1, p. 444. usually signed by advocate, but not necessary, § 841. to be plainly engrossed, D. C. Rule 2, p. 444. of information, requisites of. Ad. Rule 32, p. 489. amendments in. Ad. Rule 24, p., 430, D. C. Rule 3, p. 444. may be amended after answer filed, Ad. Rule 51, p. 435, cross libel, § 393, 394. necessary, if defendant wishes affirmative relief, § 393. its form, § 398. answer, where vessel wholly lost, § 393. respondents in, to give security for damages, when, § 394j Ad. Rule 53, p. 437. till security on, given, proceedings on original libel to be stayed. Ad. Rule 53, p. 437. when dismissed for want of prosecution, § 382, note, Ad. Rule 89, p. 438. by whose oath to be verified, D. C. Rule 1, p. 444. libel of review, § 340. LIBELLANT, § 296. who should be made, § 309. separate, statement in libel of separate rights, § 333. when in default, § 383, Ad. Rule 39, p. 433, Vide Libel — Parties. LICITATION, cases of, within the jurisdiction, § 187. LIEN, THE MARITIME, § 131, 132. state court no jurisdiction over, § 128. jurisdiction not dependent on, § 133. GENERAL INDEX. 749 LIENS, maritime, always held within admiralty jurisdiction, § 128-133. do not depend on possession, § 131. of material men, generally, § 197, 198. for supplies furnished to domestic vessels, § 198. common law, § 131. admiralty court may enforce state liens, § 130, 198. state court may enforce state liens, § 180. maritime, may always be enforced by suit in, rem in the admiralty, § 132. continue after bonding when, § 439. affect fund in court, § 132, 506. upon real estate, given by a decree in personam, § 470, statutory, of material men, § 198. LIGHTERAGE, § 206. LIGHTERMAN § 206. LIMITATION OF LIABILITY, § 518-560. history and result of the statute, § 518. proceeding Is both in rem and in personam, § 519. time within which proceeding may be taken, § 520. scope of the limitation, § 52i, 522. appropriate proceedings, what are, § 523. methods not necessarily exclusive, § 523. process may be issued, § 525. mode of procedure, § 524, 525, 536, 527. district court, the proper court, § 528. district, the proper, § 529, 530. four different situations in which proceeding had, § 530. these not necessarily exclusive, § 530. the libel of limitation, § 581, 532, 533, 534. number of claims, § 533. amount of claims, § 534. rules of the S. D. of N. T. as to contents of libel, 53L admission of liability, § 582. offer to surrender, § 532. privity or knowledge, § 535, 536, 537, 538. unseaworthiness, § 537. inspection of vessel, § 586. liability to passengers, § 537. Act of 1884, § 538. individual liabilities of shipowners, § 538. prayer of the libel or petition, § 539. stipulation for costs, § 540. surrender, § 541, 542, 543, 544. appraisement, § 541, 543, 543, 544. what is to be surrendered or appraised, § 543, freight pending, § 544. prior liens on the vessel, § 545, 546. insurance on the vessel, § 547. 750 GENERAL INDEX. LIMITATION OF LIABILITY— Continued. monition, § 548. injunction, § 549. security, § 550. claims, proof of, § 551, 552, 553. answer, § 554. hearing, § 555. distribution, § 556. in cases of divided damages, § 473. interest, § 557. costs and expenses, § 558. final decree, § 559. summary of practice, § 560. LIMITATIONS, none fixed in admiralty, § 514-517. state statutes do not control, though usually followed, § 514 depends on question of staleness or neglect, § 515. decided by court according to circumstances, § 515. for crimes, § 516. for offences against revenue laws, § 517. LOADMANAGE, § 202. LOANS, maritime, § 209, 212. bottomry, § 310. masters and others, § 213. LOCALITY, test of jurisdiction in questions of tort, § 331, 333. LTJBEC, laws of, § 123. MAINTENANCE AND CURB, disabled seamen's right to, § 194. MAJORCA, laws of, § 122. MANDAMUS, from supreme court, § 595-597. from circuit court of appeals, § 598. MANDATE, of circuit court of appeals, § 588, C. C. A. Rule 82, p. 504. MARINE CODES AND ORDINANCES. Vide Codes, Mabitime. MARINER, § 189-195. includes seamen and all persons employed on a vessel, § 189. of national vessel, cannot sue in the admiralty, § 191. fishing lays, § 192. disabled, right to maintenance and cure, § 194. jurisdiction when discretionary, as to foreign, § 195. GENERAL INDEX. 751 MARINER— Continued. anciently had shares in the voyage, § 192. foreign, may sue In the admiralty, § 193, 195. wages of, § 190. 191, 192. MARITIME, and admiralty, signification of the words, § 38, 128-126. cases, § 89. commerce, liabilities and law of, peculiar, § 2, 39, 40. codes, mde Codes, Makitimb. and non-maritime matters, § 143, 188. contracts, § 143-147. agreements leading to, not maritime, § 143. test of, relation to a ship and the sea, § 143, 144 instances of maritime and non- maritime, § 147. courts, § 2, 41. affairs, § 2. MARITIME CONTRACTS, § 143-147. MARITIME AND NON-MARITIME CASES, CLASSIFICATION OP, § 182. MARITIME CODES AND ORDINANCES. Vide Codes, Maritimb. MARITIME LAW, the law of naval commerce, § 38, 39, 140, 146. not the law of a particular nation, § 4, 39, 140. hypothecations, § 325. but becomes such, § 4. does not depend upon the court in which administered, § 40, 41, 146. is found in the codes and works of commentators, § 141, 142. not construed technically, but with regard to substance and subject-matter, § 140, 142, 176, 177, 181. writers on, § 141. MARITME LIENS, § 181, 132, 183. MARITIME LOANS, § 209, 212. MARITIME SYSTEMS, § 48. MARRIED WOMEN, may sue, how, § 315. MARSHAL, § 272-275. executive officer of United States courts, § 272. how appointed, § 272. oath of, § 272. bond of, § 272. duties and powers of, § 273, 359. has same powers as sheriffs, § 273. may appoint deputies, § 272, 273. deputies of, removable by the court, § 273. may command assistance, § 273. when a party, or interested, § 274, 344. in case of death of, deputies remain in office, § 274. 752 GENERAL INDEX. MARSHAL— Continued. liable for default of his deputy, § 374. when removed, executes process in his hands, § 375. removal of, when it takes effect, § 875. must deliver prisoners over to his successor, § 375. may use prisons of the state, § 376. if states do not permit, may fit up temporary jail, § 376. may be attached as for contempt, for neglect or violation of duty, D. C. Rule 15, p. 448. compensation of, § 378. serves process, § 344. duty of, on warrant of arrest, § 349. on process in rem, § 359-363. on process in personam, § 848. on process of foreign attachment, § 354. may take off sails, rudder, or anchor, to prevent escape, § 359. must keep property safely, § 366. duty of, on process in rem and in personam united, § 367. sales by, § 500. must not distribute the funds, in cases in rem, § 501. to pay over money in his hand to clerk, § 501, D. C. Rule 69, p. 458, return by, § 348-349. fees of, § 481 and pp. 548-550. MARSHALLING PROCEEDS, § 506. MASTER. acts of, bind the ship and owners, § 185, 333. may sue for all concerned, § 313. loans of, § 313. • may not sue in rem for his wages, § 190. unless English law applied by comity, § 190. MATERIAL MEN, § 196-198, 331. may sue in the admiralty, § 196, 197, Ad. Rule 13, p. 437. for supplies to domestic ships, may sue in personam, only, unless state law gives a lien, § 197, Ad. Rule 13, p. 437. — maritime lien of, § 197. —statutory lien of, § 198, Ad. Rule 13, p. 437. MATERIALS, for a vessel, are what she needs to supply her wants, § 196. no lien for, when furnished to a domestic ship, unless by state law, § 197, Ad Rule 13, p. 437. parties in suits for, § 331. Vide Material Men. MESNE PROCESS, § 344-369. Vide Process. MINORS, how they sue, § 315. GENERAL INDEX. 1^^ MINUTES, of testimony how taken, § 461. MISJOINDER, —of suits in rem and in personam, § 394 — of parties, § 319. MODE OP PROCEEDING, ground of jurisdiction, § 134, 135, 136. different systems, § 136. MONEY EN COURT, account of, kept by clerk, § 264. how kept and distributed, § 502, 504. must be reported to court every term, | 264. MONITION, process may be by simple citation and, § 342. issue and service of, § 344, 348. mesne process by, § 348, Ad. Rule 2, p. 425. regulations concerning. Ad. Rule 254, pp. 425, 437, D. C. Rule 9, p. 446. MORTGAGES, admiralty has no jurisdiction of, § 188. MOTIONS, § 302. 509. practice on, § 509. in circuit court of appeals, C. C. A. Rule 21, p. 500. NATIONAL. VESSELS. jurisdiction over. § 191. NAULAGE, § 201. NAVIGABILITY, not necessarily sole test of jurisdiction, § 159. NAVIGABLE WATERS, Tide Public Navigable Watbbs — ^Navigablb RrvEBS, § 168, 172. NAVIGATION LAWS. are a portion of the admiralty law, § 37. suits for violation of, § 216, 217. NECESSARIES, what are, § 196. no lien for when furnished to a domestic vessel, § 197, 198. NEW ALLEGATIONS, § 413-415. NEW JERSEY DISTRICT, jurisdiction over waters around New York, § 278-282. rules of, pp. 480-489. index to rules of, pp. 491-493. NEW PARTIES, how brought in, § 414. NEW YORK, WATERS AROUND, JURISDICTION OVER. § 278-282. 754 GENERAL INDEX. NON-MARITIME, contracts, § 143-147. matters, when considered in admiralty, § 143, 188, 26L NON-PERISHABLE PROPERTY, interlocutory sale of, § 372. NORWAY, laws of, § 122. NOTARIES PUBLIC, powers of, § 270. NOTE OP ISSUE, to be filed with clerk, D. C. Rule D, p. 468, C, p. 460. NOTICE, is ordinarily of four days, § 509, D. C. Rule B, p. 467. in suits 171 rem, § 360, 361. of hearing, § 452, D. C. Rule B, p. 467, H, p. 470. of exceptions, D. C. Rule A, p. 467, P. p. 470. of motion, § 509, D. C. Rule B, p. 467. of taking depositions, § 445. of appearance, § 383. of appeal, § 574, C. 0. A. Ad. Rule 1, p. 507. of arrest of property, how published, § 360, D. C. Rule 33, p. 451 of sale of property, length of, § 372, 500, D. 0. Rule 35, p. 452, publication of, D. C. Rule 35, p. 452. of application to appraise property § 372, D. C Rule 26, p. 450. of trial, argument, or hearing, D. C. Rule B, p. 467, H. p. 470. of giving stipulation, D. C. Rule 22, p. 450. of taxation of costs, D. C. Rule 56, p. 457. in summary proceedings, D. 0. Rule 68, p. 460. NUMEROUS LIBELLANTS, § 310. OATH, to libel, § 306, D. 0. Rule 1, p. 444. of party, when required to pleadings, D. C. Rule 1, p. 444 not required on libel by Government, § 306, D. C. Rule 1, p. 444. of proctor or attorney, when allowed, § 306, note, D. C. Rule 1, p. 444 suppletory, § 462. decisory, § 462. juratory, § 436. of judge, § 25.7. of clerk, § 263. of marshal, § 272. OLBRON, laws of, § 49, 50, 53, 160. origin of, § 49, note. ORDER, for bail or attachment, § 843. pronoimcing suit to be deserted, § 882. GENERAL INDEX. 755 ORDER— Continued. for sale or delivery, § 370, 371. on default, § 374. of reference, § 467. used instead of writ, for interlocutory directions, § 510L different kinds of, § 5H. for process, § 343. ORDINANCES OF EDWARD I.. § 54, 55. 56. of 1648, § 73. ORDONNANCE DE LA MARINE OP 1681, § 106. ORGANIZATION OP THE COURTS. § 245-278. OWNERS, § 185-188. admiralty has jurisdiction over, § 185. suits between, § 185. 186. 187. disagreements between part owners, § 187. partition sales. § 187. liability for torts of master and crew, § 185, 233. liability for contracts of master, § 185. part, may be compelled to give security to other part, § 187. generally tenants in common but may be partners. § 187, note. PAPAL STATES, ^ laws of. § 122. PARTIES, jurisdiction limited by, § 15. descriptive names of, § 296. all the world are. to a suit in rem, § 297, 359. objections to, must be raised in court of original jurisdiction, § 319. death of, does not cause suit to abate, § 414. may be witnesses, § 462. new, how made, § 414, Ad. Rule 59, p. 439. not interested, answer by, D. C. Rule 40, p. 453. Vide Libel — ^Libeixant — Claimant — Defendant — Inteevention — Collision. PARTITION, of ships, § 187. PART OWNERS, controversies between, as to the ship, within the jurisdiction, § 187. PASSENGERS, § 201. contracts for transportation of, within the jiirisdiction. § 201. money received for, is freight. § 201. torts against, § 231-240. PATENTS, to admirals, etc. Vide Commission. PAUPERIS, IN PORMA, SUITS. § 436. 756 GENERAL INDEX. PENALTIES AND FORFEITURES, affecting vessels or property afloat, § 216. PERISHABLE PROPERTY, may be sold, § 371, Ad. Rule 10, p. 427, D. C. Rule 33, p. 462. when delivered to claimant, § 370, Ad. Rule 10, p. 427. PERSONS, PLACES, SUBJECTS. jurisdiction limited to, § 15. PERSONAL TORTS, § 234. causes of action for, do not survive death of party injured, § 234. euits for nominal damages, in cases of, not maintained, § 234. PERSONAM, right to proceed in, common law remedy, § 128, 129. admiralty has jurisdiction in, § 133. suits in, § 292, 295. suits in, for torts, § 233. PETITION. when used, § 302, 507. to bring in other defendants, § 410. PETITORY SUITS, § 186, Ad. Rule 20. p. 428; D. C. Rule 18, p. 449. parties in, § 186, 328. process in. Ad. Rule 20, p. 428. stipulations in, ^432. PIERS. Vide Whabves. PILOTAGE. § 202. cases of, within the admiralty jurisdiction, § 202. parties in cases of, § 323, Ad. Rule 14, p. 428. Vide LOADMANAQE. PIRACY. cases of, within the admiralty jurisdiction, § 221. PISA, laws of, § 122. PLACE, Jurisdiction limited by, § 15. of seizures, jurisdiction dependent on, § 218, 335. ,r PLEA, § 301, 396. in abatement, § 396. dilatory, § 396. peremptory, § 396. to informations, D. C. Rules 85, 86, p. 464, PLEADING, rules of, § 303. alternative, i 416. PLEADINGS, not technical, § 413-415, GENERAL INDEX. 767 PLEADINGS— Continued. supplemental, § 417. may be amended, § 413, 418. several defences may be pleaded, § 405. when to be furnished to opposite party, § 418. must be verified, § 306, 399. Vide Libel — Answer — Replication. POSSESSORY SUITS, § 186. parties in, § 186, 328. process in, Ad. Rule 20, p. 428. stipulations in, § 432. no delivery of property in, except, § 432, D. C. Rule 18, p. 449. PRACTICE, definition, § 245. in admiralty, § 9, 10. what it is, § 9, 10, 245. embraces jurisdiction, organization, and forms of procedure of the courts, § 9, 10, 245. works on, § 10. of admiralty courts, historically considered, § 283-290. history of admiralty practice, § 9, note, made uniform by congress, § 289, 290. of civil law, first adopted, § 284. then the principles, rules and usages of courts of admiralty, % 285. of primitive Roman law-suit, § 287. of civil law, the type of an admiralty suit, § 288. established by act of 1842, § 289, 290. general character of, is equitable, § 291. general course of proceeding, § 291-304. technical precision, not required, § 303. forms of, not established, but useful, § 304. of the district court, § 305-560. PRAYER, of the libel, § 338. PRINTERS, fees of, § 484. PRISONS, belonging to the U. S., § 277. PRISONERS, committed under authority of the XT. S., § 276. PRIZE, causes, § 220, 609-618. cases of, always held within the jurisdiction, § 220. in the TT. S., the district court has exclusive original jurisdiction of cases of, § 262, 609. 758 GENERAL INDEX. PRIZE— Continued. commissioners, how appointed, their duties, § 610, 612. 