COPYRIGHT, 1919

BY

WEST PUBLISHING COMPANY

COPYRIGHT, 1920

BY

WEST PUBLISHING COMPANY

COPYRIGHT, 1921

BY

WEST PUBLISHING COMPANY

THE CORRESPONDING PAGES OF THE OFFICIAL U. S. REPORTS ARE INDICATED IN THIS VOLUME BY CITATION OVER EACH TITLE, SUPPLEMENTED BY STAR PAGING.

(40 SUP.CT.)

RULES OF PRACTICE

FOR THE COURTS OF THE UNITED STATES IN ADMIRALTY AND MARITIME JURISDICTION

To take effect March 7, 1921

Promulgated by the Supreme Court of the United States, December 6, 1920

SUPREME COURT OF THE UNITED STATES.

October Term, 1920.

ORDER.

It is now here ordered by the court that the rules of practice for the courts of admiralty of the United States this day adopted and established by the court be, and the same are hereby, promulgated as such to be in force on and after March 7, 1921.

December 6, 1920.

ADMIRALTY RULES OF PRACTICE.

1.

PROCESS ON FILING LIBEL.

No mesne process shall issue from the District Court in any civil cause of admiralty and maritime jurisdiction until the libel, or libel of information, shall have been 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.

SUITS IN PERSONAM-PROCESS IN-ARREST IN SAME.

In suits in personam the mesne process shall be by a simple monition in the nature of a summons to appear and answer to the suit, or by a simple warrant of arrest of the person of the respondent in the nature of a capias, as the libellant may, in his libel or information pray for or elect; in either case with a clause therein to attach his goods and chattels, or credits and effects in the hands of the garnishees named in the libel to the amount sued for, if said respondent shall not be found within the district. But no warrant of arrest of the person of the respondent shall issue unless by special order of the court, on proof of the propriety thereof by affidavit or otherwise.

3.

BAIL-IMPRISONMENT FOR DEBT.

In all suits in personam, where a simple warrant 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 on 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, on similar or analogous process issuing from a state court.

4.

BAIL IN SUITS IN PERSONAM.

The marshal shall take from the party arrested, as bail, either sufficient cash or a bond or stipulation in a sufficient sum, with sufficient sureties or an approved corporate surety, to be held by him to secure the appearance of the party so arrested in the suit. And upon such bond or stipulation summary process of execution shall be issued against the principal and sureties or corporate surety by the court to which the process is returnable.

5.

BOND IN ATTACHMENT SUITS IN PERSONAM.

In all suits in personam, where goods and chattels, or credits and effects, are attached under a process authorizing the same, the attachment shall be dissolved by order of the court to which the process is returnable, on the giving of a bond or stipulation, with sufficient sureties, or an approved corporate surety, by the respondent whose property is so attached, or by someone on his behalf, conditioned to abide by all orders, interlocutory or final, of the court, and to pay the amount awarded by the final decree of the court to which the process is returnable, or in any appellate court, not exceeding, however, the value of the goods so attached with interest at six per centum per annum and costs; and upon such bond or stipulation, summary process of execution shall be issued against the principal and sureties or surety by the court to which the process is returnable, to enforce the final decree so rendered or on appeal by any appellate court.

6.

BONDS STIPULATION-HOW GIVEN.

All bonds or stipulations in admiralty suits may be given and taken in open court, or at chambers, or before the clerk or a deputy clerk or before any commissioner of the court who is authorized by the court to take affidavits of bail and depositions in cases pending before the court, or before any commissioner of the United States authorized by law to take bail and affidavits in civil cases, or otherwise by written agreement of the parties or their proctors of record.

7.

BONDS-PREMIUMS-TAXABLE AS COSTS.

If costs shall be awarded by the court to either or any party then the reasonable premiums or expense paid on all bonds or stipulations or other security given by that party in that suit shall be taxed as part of the costs of that party.