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 exparte 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.

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 male further answer thereto, or may direct the matter of the excepion to be tak n 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.

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 orfeiture of his property for any penal offence.

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 subjectmatter of the interrogatory pro confesso in favour of the defendant, as the court in its discretion shall deem most fit to promote public justice.

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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.

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 tue answer and such further proceedings shall be had and decree endered 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.

XXXV.

Stipulations in admiralty and maritime suits may be taker 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 of bail, and also depositions in civil causes pending in the courts of the United States.

XXXVI.

Exception 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.

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 liable to answer the exigency of the suit.

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 exigency of the suit; and if no sufficient cause be shewn, 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.

XXXIX.

If in anpadmiralty 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 samemay be dismissed with costs.

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.

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.

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.

XLIII.

Any person having an interest in any proceeds in the registry of the court, shall have a right by petition and summary proceeding 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 daim shall be deserted, or upon a hearing be dismissed, the court may in its discretion award costs against the petitioner in favour of the adverse party.

XLIV.

In cases where the court shall deem it expedient or necessary for the purposes of justice, the court may refer any matters arising in the progress of 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 commissioners shall have and possess all the powers in the premises which are usually given to or exercised by masters in chancery in references to them, including the power to alminister oaths to and examine the parties and witnesses touching the premises.

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.

XLVI.

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

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RULES OF PRACTICE, ETC.

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.