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CASES ARGUED AND DETERMINED
CIRCUIT AND DISTRICT COURTS
AMENDMENTS TO RULES.
SUPREME COURT OF THE UNITED STATES.
Ordered, that the following additional rule of this court is adopted and promulgated: Writs of Error under Section 6 of the Act of February 6, 1889, Chapter 113,
(25 St. 656.) 1. The plaintiff in error shall file with the clerk of the court below, with his petition for the writ of error, an assignment of errors, which shall set out separately and particularly each error asserted and intended to be urged. No writ of error shall be allowed until such assignment of errors shall have been filed. When the error alleged is to the admission or to the rejection of evidence, the assignment of errors shall quote the full substance of the evidence admitted or rejected. When the error alleged is to the charge of the court, the assignment of errors shall set out the part referred to totidem verbis, whether it be in instructions given or in instructions refused. Such assignment of errors shall form part of the transcript of the record, and be printed with it. When this is not done, counsel will not be heard, except at the request of the court; and errors not assigned according to this rule will be disregarded, but the court, at its option, may notice a plain error not assigned.
2. The plaintiff in error shall cause the record to be printed, according to the provisions of sections 2–6 and 9 of rule 10. Promulgated November 3, 1890.
Admiralty Practice, 54. It is ordered by the court that rule 54 of the rules of practice in admiralty be amended so as to read as follows:
54. When any ship or vessel shall be libeled, or the owner or owners thereof shall be sued, for any embezzlement, loss, or destruction by the master, officers, mariners, passengers, or any other person or persons, of any property, goods, or merchandise shipped or put on board of such ship or vessel, or for any loss, damage, or injury by collision, or for any act, matter, or thing, loss, damage, or forfeiture done, occasioned, or incurred without the privity or knowlege of such owner or owners, and he or they shall desire to claim the benefit of iimitation of liability provided for in the third and fourth sections of the act of March 3, 1851, entitled “An act to limit the liability of ship-owners, and for other purposes,” now embodied in sections 4283 to 4285 of the Revised Statutes, the said owner or owners shall and may file a libel or petition in the proper district court of the United States, as hereinafter specified, setting forth the facts and circumstances on which such limitation of liability is claimed, and praying proper relief in that behalf; and thereupon said court, having caused due appraisement to be had of the amount or value of the interest of said owner or owners, respectively, in such ship or vessel, and her freight for the voyage, shall make an order for the payment
of the same into court, or for the giving of a stipulation, with sureties, for payment thereof into court whenever the same shall be ordered; or, if the said owner or owners shall so elect, the said court shall, without such appraisement, make an order for the transfer by him or them of his or their interest in such vessel and freight to a trustee, to be appointed by the court under the fourth section of said act; and upon compliance with such order the said court shall issue a monition against all persons claiming damages for any such embezzlement, loss, destruction, damage, or injury, citing them to appear before the said court and make due proof of their respective claims at or before a certain time to be named in said writ, not less than three months from the issuing of the same; and public notice of such monition shall be given as in other cases, and such further notice re-served, through the post-office or otherwise, as the court, in its discretion, may direct; and the said court shall also, on the application of the said owner or owners, make an order to restrain the further prosecution of all and any suit or suits against said owner of owners in respect of any such claim or claims.
It is further ordered that the present heading to this rule be erased. Promulgated January 26, 1891.
For rules 1-33, see 3 Sup. Ct. Rep. V.-xvii.; for rule 8, subd. 5, and rule 9, subds. 1, 2, 4, see 11 Sup. Ct. Rep. No. 14, and 44 Fed. Rep. iii.; for rule 10, $ 9, see 7 Sup. Ct. Rep. iii.; for rule 23, subd. 4, see 10 Sup. Ct. Rep. iii.; for rule 26, $ 2, see 9 Sup. Ct. Rep. iii. ; for rule 32, see 10 Sup. Ct. Rep. iii.; for rules 33, 34, see 6 Sup. Ct. Rep. iii.; for rule 1 in reference to appeals from court of claims, see 2 Sup. Ct. Rep.vi.; for rule 57 of the rules of admiralty practice, see 9 Sup. Ct. Rop. iii.
CIRCUIT AND DISTRICT COURTS
HON. HORACE GRAY, CIRCUIT JUSTICE.
HON. SAMUEL BLATCHFORD, CIRCUIT JUSTICE.
HON. JOSEPH P. BRADLEY, CIRCUIT JUSTICE.
* Died March, 1891.
* Resigned Feb. 2, 1891.
* Appointed Feb. 9, 1891.