None
evidence in first instance, duty of captors, § 611, 612, 613. captors to give notice of arrival of prize, § 612. examination of witnesses in preparatorio, how taken, § 612, 613. Interrogatories, § 612. master of, to deliver up papers, etc., found on the prize, § 611, 612. further proof, etc., may be ordered, § 613. captors to apply without delay for adjudication or claimants may so ap- ply, § 614. proceeding for condemnation purely in rem, how commenced, § 614. default, how taken, effect of, § 615. claim to be entered when, by whom to be made, to be accompanied with test affidavit, § 616. test affidavit, must accompany claim, must state what, how sworn to, § 616. decree of acquittal and restitution, effect of, § 617. distribution of proceeds among captors, abolished, § 617. damages, when awarded against captors, how assessed, § 617. costs and expenses in cases of, § 617. decree of condemnation, proceedings upon, § 617. appeals- in cases of, § 618. commission to take testimony, never issues to enemy's country, in cases of, § 452. rules of prize court, S. D. of N. Y., pp. 535-544. index to prize rules, pp. 545, 546. PROCEEDING, mode of, ground of admiralty, jurisdiction, § 134, 135, 136. PROCEEDINGS, general character and course of, in admiralty, § 291-304. special, § 507. on final decree, § 470. PROCEEDS, subject to lien upon original thing, § 132, 506. paid to clerk and deposited, § 501, 502. distribution of, § 503, 504. may be proceeded against, § 505, 506. person having an interest in, may intervene, § 505, Ad. Rule 43, p. 433. remnants and surplus, § 506. how marshalled, § 506. PROCESS, issuing of, § 342, 343, 344. for arrest, § 393, D. C. Rule 9, p. 446. when not issued without order of judge, § 343. for arrest, marked for bail by clerk, § 343. when bail can be taken — amount of, § 343. OENEEAL INDEX. 759 PROCESS— Continued. in what cases abolished, in what cases still allowed, § 350. mesne, § 342-369. not to issue till libel is filed, § 306, Ad. Rule 1, p. 425. what may be in suits in personam. Ad. Rule 2, p. 425, D. C. Rule 9, p. 446. test of, and when returnable, § 344, 345. may be amended, § 346. must be served by marshal, § 344. how served and returned, § 348, 349, 350, 351, 352, 353, 354, 357, 375-378. to attach goods, chattels, credits and effects, § 352-354, D. C. Rules 9, 12, 13, pp. 446-447. may issue to attach property of a non-resident, § 352, 354. of attachment dissolved on giving bond, § 355, 357. garnishee named in, must be summoned, § 354, 357, D. C. Rule 9, p. 44S. of attachment, object of, to compel appearance, § 356. garnishee may appear and deny that he has the property, § 357, D. C. Rule 13, p. 447. in rem, what and how executed, § 359, 360, Ad. Rule 9, p. 427; D. C. Rule 9, p. 446. notice of return of, and hearing, how given, § 359, Ad. Rule 9, p. 427. must have fourteen days beween test and return, § 360. six days only, in Eastern District, D. 0. Rule 67, p. 460. in petitory and possessory suits. Ad. Rule 20, p. 428; D. C. Rule 11, p. 446. separate, may issue, § 367. proceedings on return of, § 375-388, D. C. Rules 11, 12, 15, 16, p. 446, 448. against marshal for not returning, D. C. Rule 15, p. 448. not to issue without stipulation for costs, § 341, D. C. Rule 7, p. 445. final, § 497-506, D. C. Rule 10, p. 446. on informations, D. C. Rules 80, 81, 82, p. 463. In wages suits under $50, D. C. Rule 68, p. 460. short order of publication, § 360. Vide Attachment, Bxecution. PROCESS ACT, § 284, 285. PROCHEIN AMI, how appointed, D. C. Rule 69, p. 460. infants sue by, § 315. PROCLAMATION, § 375, 378. PRO CONFESSO, § 376. PROCTORS AND ADVOCATES, § 266-268. how admitted, § 266, D. C. Rule 66, p. 459. in supreme court, S. C. Rule 2, p. 514. duties of, § 266. how appointed, i 267, 384. 760 GENERAL INDEX. PROCTORS AND ADVOCATES— Continued, same lawyer, may be both, § 266. presumed to have authority, § 267, 384. may be compelled to state for whom they appear, § 267, 384. party having, cannot conduct cause himself, § 267. have full power over cause while pending, § 267. after decree, have no power except to enforce decree, § 267. may not be surety In Eastern District, D. C. Rule 96, p. 466. may not be surety in Southern District, except, etc., D. C. Rule 96, p. 465. cannot discharge decree except on payment, § 267. power of, revocable, and may be restricted, § 268. are oflScers of the law and accountable to the court, § 268. may be deprived of their ofllce and punished, § 268. for the government, in the district and circuit court, is the district attorney, § 269. in the supreme court, is the attorney-general, etc., § 269. when allowed to verify pleadings, § 306, D. C. Rule 1, p. 444. fees of, § 478. PROHIBITION, from common-law courts to the admiralty, § 63, 64, 70, 77-80. may be issued from supreme court, § 256, 595-597. inhibition from 0. C. A., § 598. PROPERTY, interlocutory sale of perishable, § 371. interlocutory sale of non-perishable, § 372. appraisement of, generally, § 373. in possession of a third person, how reached, § 363, Ad. Rule 8, p. 426. exempt from seizure, § 368. In custody of collector, § 365. how delivered from arrest, § 370. in possessory suits, § 432, D. C. Rule 18, p. 449. account of sales of, to be filed, D. C. Rule 59, p. 458. PRUSSIAN STATES, laws of, § 122. PUBLICATION, of notice of arrest of property, § 360, D. C. Rules 32, 33, 34, p. 461, 452. of process, short order for, § 360. of sale of property, § 371, 500, D. C. Rule 35, p. 452. PUBLIC NAVIGABLE WATERS, § 159-181. inland lakes, rivers and canals, § 159. navigability not sole test, § 159. navigable and open to interstate and foreign commerce, are, § 159. canals are, § 154, 155. rivers and lakes may be, § 165, 166, 172. GENERAL INDEX. 761 PUBLIC NAVIGABLE WATERS— Continued, ■when rivers and lakes not, § 159. as indicated by statutes, § 169, 170, 171. torts on, § 231. death by negligence on, § 236. Vide Seas — Lakes — Rivebs — Canals. PURCHASER, may be compelled to pay purchase money, or re-deliver the property, § 362. QUINBOROUGH, inquisition at, § 55, 56. RANSOM BILLS, § 219. RE-ARREST OF PROPERTY, § 421. RECORD, on appeals from district to circuit court of appeals, § 581, C. C. A., Rule 14, p. 497; C. C. A. Ad. Rule 4, p. 508. ■when translation to be inserted in, C. C. A. Rule 15, p. 497. no objection to admissibility of anything in, to be allowed unless taken in court below, C. C. A. Rule, 12, p. 496. certiorari for diminution of, § 584, C. C. A. Rule 18, p. 498. taxation of cost of printing of, § 587. REFERENCE, § 467-469. on default, to compute damages, § 380. on distribution of proceeds, § 504. on decrees, to ascertain amount due, § 467. may be made to commissioners, § 271, 467. proceedings on, § 467-469. report on, § 468. exceptions to report, § 469. confirming report, § 470. REGISTER, admiralty, § 265. REGISTRY, money paid into court to be deposited, § 502, Ad. Rule 42, p. 433. ho^w dra^wn out of, § 502, Ad. Rule 42, p. 433. proceeds in, ho-w proceeded against, § 503-506. of sales, to be paid in. Ad. Rule 41, p. 433, D. C. Rule 59, p. 458. person having an interest in proceeds In, may intervene, § 407, Ad. Rule 43, p. 433. REHEARING § 464. may be granted after decree by default, ■when, § 376, Ad. Rule 40, p 433. RELEASE OF PROPERTY FROM ATTACHMENT, § 370. RELIEF, applications for Interlocutory or provisional, § 374. may be made at any time, § 374. /62 GENERAL INDEX. REM, right to proceed in, exclusively admiralty jurisdiction, § 128. suit in, § 292. joinder of, with suits in personam, § 294, 317, 367. for torts, § 233. all the world parties to, § 297, 359. no criminal proceedings in, § 293. process in, how served, § 359, 361, D. C. Rule 9, p. 446. notice of arrest, publication of, § 360. if property in, be removed, court may retake it, § 362. If in hands of a third person, he may be compelled to deliver it, § 363. REMNANTS AND SURPLUS, what are, and how proceeded against, § 506. fund, how marshalled, § 506. REPLICATION, original practice to file, § 300. abolished by rule, § 300. now restored in certain cases, § 300, 404. necessity for order permitting filing, S 300, Ad. Rule 51, p. 435. REPLY. V4de Replication. REPORT, of commissioner on reference, § 468, 469, D. C. Rule 51, p. 456. exceptions to, § 469, D. C. Rule 52, p. 456. confirmation of, § 469. RE-SEIZURE, § 421. RESPONDEAT SUPERIOR, § 233. RESPONDENT, § 296. RESPONDENTIA, § 211. RETURN, of process, § 345, 360, 367, 375, 376, 378. practice on, in suits in rem, § 378. REVENUE LAWS, suits for violations of, § 216. REVIEW, LIBEL OF, § 340. RHODIAN LAW, § 109-114. RICHARD II, statutes of, § 58, 60, 61, 62. RIGGERS, original may not sue In the admiralty, § 183. subsequent to original, may so sue, § 19€. RIVERS, § 160-181. and lakes, § 165, 166. navigable, within the admiralty jurisdiction, § 168, 169, 172. river and lake commerce, § 177-181. GENERAL INDEX. 763 RULES, not exclusive, when, § 294, 329, 523, 530. particular rules. Rule 40, § 376. Rule 53, § 394. Rule 59, § 410. all the courts may make, § 260, 513. of circuit court, and of supreme court, when to govern, D. C. Rule 97. p. 466. effect of arranging under different heads of practice, D. C. Rule 98, p. 466, N. J. D. C. Rule 26, p. 484. admiralty, § 290, pp. 425-439. of the supreme court, pp. 514-530. of the circuit court of appeals, pp. 494-511. of the district court, southern and eastern districts of New York, pp. 444-471. of the district of New Jersey, pp. 480-490. In prize cases, pp. 530-544. index to admiralty rules, p. 440. to district court rules. New York, p. 472. to district court rules. New Jersey, p. 491. to circuit court of appeals rules, p. 512. to supreme court rules, p. 531. to prize rules, p. 545. RUSSIA, laws of, § 122. SAILORS, Vide Mabinebs, Seamen. SAILMAKERS, original outfitters, may not sue In admiralty, § 183. subsequent, may sue in admiralty, § 196. SALE, interlocutory, § 371, 372. of vessels and cargo in port of distress, § 215. of perishable property, § 371, Ad. Rule 10, p. 427, D. C. Rule 84, p. 464. of non-perishable property, § 372. of property, how made, § 500, Ad. Rule 41, p. 433. proceeds of, to be paid into the registry, Ad. Rule 41, p. 433. publication of notice of, § 500, D. C. Rule 35, p. 452. account of, to be filed, D. C. Rule 59, p. 458. SALVAGE, cases of within the admiralty jurisdiction, § 78, 222-237. nature of, § 222. who may claim, § 223. for what services a claim of, may be made, § 223. compensation for service, a legal right, § 224. 764 GENERAL INDEX. SALVAGE— Continued. amount of compensation, § 224. suits for, against property or person, § 225, 327, Ad. Rale 19, p. 428. who liable to pay, § 225. contracts for, § 226. liability of government for, § 227. parties, when not required to give stipulation for costs, D. C. Rule 7, p. 445. In suits for, certain property to be brought into court. Ad. Rule 38, p. 432. SARDINIA, laws of, § 122. SATISFACTION, of judgments, D. C. Rule 63. 65, p. 459. SCOTLAND, § 43, 83. admiralty jurisdiction of, § 83. SEA, THE, § 161, 162, 163. lakes, rivers, § 159-181. meaning of phrases, high sea, high seas, open seas, § 160, 161. tide does not enter Into idea of, § 162-166. rivers are strictly part of, § 166. all waters really part of, § 167. navigability, and connection with interstate or foreign commerce, th& tests of jurisdiction, § 167-178. Tide Public Navigable Watebs. SEAMEN, § 189-195. first want of a ship, § 182. on public vessels, § 191. wards of the admiralty, § 182, 603. disabled, right to maintenance and cure, § 194. service of, highly favored, § 182. jurisdiction over their wages, rights, wrongs and injuries, § 182, 189- 196. foreign, court has jurisdiction over, § 195. in suits for wages, may join as co-libellants, § 311, 606, D. C. Rule 4, p. 444. when not required to give stipulation for costs, D. C. Rule 7, p. 445. wages of, § 189-194; 603-608. yide Maeinee. SECURITY, by stipulation, § 341, 419-436. for costs, on commencing suit, § 341. may be by bond or recognizance, § 419. on cross-suit, § 394. Vide Stipulation. GENERAL INDEX. 765 SEIZURES, § 217. 218. are civil cases of admiralty jurisdiction, § 217. place of, gives jurisdiction, § 218. libel in cases of, § 312. notice of, § 360. decree of default in cases of, absolute, § 381. SET-OFF, § 392. SHIP CHANDLERS, original, may not sue in admiralty, § 183. subsequent may sue in admiralty, § 196. SHIPS AND VESSELS, § 148-158. ship is a general term, equivalent to vessel, § 148, ISA. definition of, § 148. consists of what, § 150, 157. no matter how propelled, § 148, 149. nor what water she sails in, § 159. first idea of, how suggested, § 148. size of, § 148, 149, 151, 152. of agricultural commerce, § 153. registry and enrolment acts extend to vessels of five tons, § 151. a ship is always the same ship, though repairs have entirely changed her, § 158. not the same ship, if taken to pieces and rebuilt, § 158. canal boats are, § 156. of a nation, part of its territory, § 2. ship's company, § 189. owners of, generally tenants in common, sometimes partners, § 187, note, limitation of liability of owners of, § 518-560. SHIPOWNERS. Tide Owners. SHORT ORDERS OF PUBLICATION, § 360. SICILIES, laws of, § 122. SOUTHERN DISTRICT, jurisdiction of, over waters around New York, 278-282. District Court Rules of, pp. 444-471. SPECIAL APPEARANCE, § 383. SPOLIATION, § 221. STATE COURTS OF ADMIRALTY, § 98-104. jurisdiction of, different, in different states, | 98-104. Pennsylvania, § 99. New Jersey, § 100. Maryland, § 101. 766 GENERAL INDEX. STATE COURTS OF ADMIRALTY— Continued. Virginia, § 102. Rhode Island, § 103. constitution did not intend to perpetuate that diversity, § 104. STATE JAILS, § 276. STATE JURISDICTION, exclusive, when, § 130. •when concurrent with federal, § 127, 128, 129. STATES, independent, § 23, 98. " foreign to each other, § 23, 98. governments of, § 23. constitutions of, § 23. admiralty courts of the, § 98-104. STATUTES, of the states, establishing courts of admiralty, § 98-104. British, 13 Rich. 2, chap. 5, § 58. 15 Rich. 2, chap. 3, § 60, 61. 2 Hen. IV., chap. 11, § 62. re-enacted in some of the states, § 98. fee bill, § 477 and pp. 547-552. STAY OF PROCEEDINGS, on appeal from decree of district court, § 570, 576, D. C. Rule 62, p. 459. commissions when not allowed to operate as, § 453, D. C. Rule 48, p. 455. STENOGRAPHER, court may order minutes taken by, § 461. fees of, § 476, 485. STEVEDORES, § 207. may sue in the admiralty, § 207. STIPULATIONS, § 419-435. where and by whom taken, § 271, Ad. Rules 5, 35, p. 426, 432, D. C. Rule 22, p. 450. for costs, when necessary, § 341, 419, 425, 426, 427, Ad. Rule 59, p. 439. for costs and expenses, to be filed when claim, is put in, § 388, Ad. Rule 26, p. 430. for libellant's costs, § 341, 419, 425. for claimant's costs, § 426. for intervener's costs, § 427. on arrest, § 349, 428. may be by bond or recognizance, § 419. usual form, § 419. deposit of money in lieu of, § 422. different kinds of, § 424. GENERAL INDEX. 767 STIPULATIONS— Continued. governed by law or by court, § 420. re-arrest after security given, § 421. when court may require of the defendant, § 425, Ad. Rule 25, p. 430. in suits in rem, claimants, § 429. for value, § 430. juratory, § 436. bond to marshal, § 435. in limited liability proceedings, § 525, 540, 542, 543, 550. on appeal, § 575, 576. when summary execution issued upon, § 435. when new sureties required on, § 423, Ad. Rule 6, p. 426. conditions of, D. C. Rule 21, p. 449. amount of, D. C. Rule 17, p. 448. on arrest, § 428. stipulators on arrest, how discharged, D. C. Rule 24, p. 450. for costs, when required and when not, D. C. Rule 7, p. 445. motions for greater or more secure, D. C. Rule 23, p. 450. in suits in personam, when no bail taken and no property attached, § 425. intervenor's stipulation, i 427. surety company as bail, § 431. in suits in forma pauperis, § 436. enforcement of, D. C. Rule 57, p. 458. on arrest of defendant, how discharged, D. C. Rule 24, p. 450. by whom to be executed, D. C. Rule 21, p. 449. in possessory suits, § 432, D. C. Rule 18, p. 449. by new party in collision case, § 410. by garnishee, § 386, D. C. Rule 12, p. 446. approval of judge to sufficiency of sureties to how obtained, D. C. Rule 22, p. 450. Vide Bail — Subett. STORAGE, of sails, etc., on shore, § 205. STOWAGE, § 207. STRIFE, between the English common-law courts and the admiralty, § 63-80^ SUBJECT-MATTER, jurisdiction limited to, § 15, 181. ground of admiralty jurisdiction, § 134, 181. SUBMISSION, of the admiralty courts, § 75. SUBPCENA, § 445, 483. SUITS, two classes of, in rem and in personam, § 292-297. 76J> GENERAL INDEX. SUITS— Continued. difference between the two classes of, § 292, 295. in rem, property in possession of a third person, how obtained, S 363, Ad. Rule 8, p. 426. process in, what, and how executed, § 359, 361, Ad. Rule 9, p. 427. notice of return of, and hearing, how given, I 360, Ad. Rule 9., p. 427. certain property in, to be brought into court. Ad. Rule 38, p. 432. in personam, mesne process in, Ad. Rule 2, p. 425. bail, how taken in, Ad. Rule 3, p. 425. arrest and bail in. Ad. Rule 47, p. 434. how joined or consolidated, § 294, 317-319, D. C. Rules 4, 5, pp. 444, 445. in forma pauperis, § 436. SUMMARY PROCEEDINGS FOR WAGES, § 608, D. C. Rules 67, 68, pp. 459, 460. SUMMARY JUDGMENT AGAINST SURETIES, § 498. SUMMONS FOR WAGES, § 605, D. C. Rule 68, p. 460. SUPERSEDEAS BONDS, in circuit court of appeals, § 576, C. C. A. Ad. Rule 2, p. 507. SUPPLEMENTAL PLEADINGS, § 417. how connected with original pleading, D. C. Rule 3, p. 444. SUPPLEMENTARY PROCEEDINGS, § 498. SURETIES, liability of, § 433. rights of, § 434. must justify on exception, § 422. sufficiency of, on bond to marshal to be decided by marshal, § 435. sufficiency of when clerk to decide, D. C. Rule 22, p. 450. Insufficient, § 423, D. C. Rule 23, p. 450. notice of justification by, D. C. Rule 22, p. 450. decree against, D. C. Rule 57, p. 458. summary judgment against, § 498. number of, D. C. Rule 21, p. 449. may reside in eastern district, D. C. Rule 21, p. 449. companies as, § 431. summary judgment against, § 498. SURPLUS, what is, and how obtained, § 506. SURRENDER, bail on stipulation formerly had no right to surrender their principal § 428. may now surrender, under New York rules, § 428, D. C. Rule 24, p. 450. GENERAL INDEX. 769 SURVEY AND SALE, of vessels, § 215. SWEDEN, laws of, § 122. TAXATION OP COSTS, § 495. appeal from taxation,' § 496. TENDER, generally. § 493. D. C. Rules 36, 37, 38, pp. 452, 453. must be deposited in court, D. C. Rule 36, p. 452. must include costs, D. C. Rule 36, p. 452. refusal of, exposes party to lose his costs, § 493. notice of, allowance of decree, D. C. Rules 36, 37. p. 452. claimant may allow damages to be assessed, D. C. Rule 37, p. 453. libellant may withdraw money deposited as tender, D. C. Rule 38, p. 453. TERRITORIES, courts of, admiralty jurisdiction, § 247. TIDE, not decisive of jurisdiction in the general maritime law, § 164, 173, 181. ebb and flow of, § 162-166. TITLE TO SHIPS. Vide Petitoet Suits. TORTS, at sea, § 231. maritime, what are, § 231-241. jurisdiction of, depends on place, § 231, 232. dividing line between common law and admiralty, § 232. liability for, in rem and in personam, § 233. respondeat superior, § 233. personal torts, § 234. tort in violation of passenger contract, § 234. death by negligence, § 235-242. collision — See the word. suits for nominal damages for, not entertained in admiralty, § 234. TOWAGE, § 203. TRANSLATIONS, when to be inserted in record in supreme Court, S. C. Rule 11, p. 519. in circuit court of appeal, C. C. A. Rule 15, p. 497. TRIAL. Vide Heabing. TRIAL BY JURY, § 127-130, 137-139, 262, 601. UNDERWRITERS, may claim, § 389. UNITED STATES, a new and original government, § 28, 29. 770 GENERAL INDEX. UNITED STATES— Continued. not an offshoot from Great Britain, § 30. prisons of, § 276. prisoners committed under authority of, when placed in state jails, § 276. length of lake coast of, § 178. UNITED STATES CASES, § 312. UNITED STATES COMMISSIONERS. Vide Commissioners. UNITED STATES COURTS. Tide Codbts — Admibalty Courts. UNITED STATES PENITENTIARIES, § 277. VALENCIA, laws of, § 122. VALUE. Tide Appraisement — Stipulation. VENDITIONI EXPONAS, -writ of, adopted as final process, § 500, D. C. Rule 10, p. 446. VENICE AND AUSTRIA, laws of, § 122. VERIFICATION, of pleadings, § 306, 341, 399, D. C. Rule 1, p. 444. of claim, § 388, Ad. Rule 26, p. 430. VESSELS. Tide Ships and Vessels. vicbjadmiral. commission of, § 76. VOLUNTARY APPEARANCE, § 385. WAGES, § 190, 603-608. jurisdiction over, firmly established, § 78, 190-195. who entitled to, as a mariner, § 189. national vessels cannot be proceeded against for, § 191. jurisdiction over, denied in England in certain cases, § 192. costs in suits for, D. C. Rule 68, p. 460. summary proceedings in cases of, § 603-608, D. C. Rules 67, 68, p. 460. when seamen may sue for, § 604. summons for, how issued, § 605. certificate of cause for process, § 605. co-libellants in cases of, § 311, 606, D. C. Rule, 4, p. 444. canal boats, not subject to be libelled for, § 607. may not be attached, when, § 607. parties in cases of, § 311, 322. stipulation for costs not required in suits for, D. C. Rule 7, p. 445. WARRANT OF ARREST. Tide Abbeso^-Process— Crimes. .. WATERS. Tide Public Navigable Waters. WATERS AROUND NEW YORK, JURISDICTION OVER, § 278-282. GENERAL INDEX. 771 "WESTCAPELLE, laws of, § 117. WHALING CONTRACTS, ■within the admiralty jurisdiction, | 192. WHARFAGE, § 205. suits for, within the admiralty jurisdiction, § 205. WHARVES, § 204. WISBUY, laws of, § 118. WITNESSES, how compelled to appear, on depositions, § 445. competency of, § 437. objections to, must be made at the hearing, § 437. commissions to take testimony of | 452-454, D. C. Rules 47-49, p. 455. depositions of. Vide Deposition. fees of, § 483. Vide EviDKNCE. WRECKS, claimed by the admiral, | 59. WRITS, power of courts to issue, § 260. of fieri facias and venditioni exponas adopted as final process, D. C Rule 10, p. 446. Tide Execution — Pbocess. WRITERS, on maritime law, § 141. WRONGDOERS, CONTRIBUTION BETWEEN, § 411. ZOUCH, classification of Laws of Oleron, § 50. '^-U.. "Vv. 