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ADMIRALTY FORMS.

Form.

Page.

I. Libel in rem....

1345

II. Interrogatories annexed to libel...

1349

III. Libel in personam with clause of foreign attachment..... 1349

IV. Stipulation for libelant's costs...

1353

V. Claim of owner...

1354

VI. Claim of agent

1354

VII. Stipulation for claimant's costs..

1355

VIII. Stipulation for value.....

1356

IX. Bond to marshal......

1356

X. Order appointing appraisers..

1357

XI. Notice to appraisers.....

1357

XII. Oath of appraisers..

1358

XII. Notice of appraisement..

1358

XIV. Report of appraisers...

1358

XV. Exceptions to libel...

1358

XVI. Answer in admiralty .....

1358

XVII. Petition to bring in vessel under Supreme Court Rule 59. 1360

XVIII. Interlocutory decree and default in admiralty.

1361

XIX. Interlocutory decree in admiralty...

1362

XXII. Final decree in admiralty.....

1362

XXIII. Final decree in admiralty..

1363

XXIV. Final decree in admiralty..

1363

XXV. Final decree in admiralty for summary judgment ou bond

to marshal........

1364

XXVI. Final decree and order of sale in admiralty.

1365

XXVII. Notice of appeal in admiralty....

1365

XXVIIL Petition of appeal......

1366

XXIX. Order for mandate in admiralty.

1366

XXX. Mandate in admiralty ........

1367

XXXI. Final decree on mandate in admiralty...

1367

XXXII. Libel or petition for limitation of liability.

1368

XXXIII. Order for transfer to trustee .

1370

XXXIV. Transfer to trustee....

1371

XXXV. Order for monition..

1372

XXXVI. Monition........

.. 1373

XXXVIL Final decree in proceedings for limitation of liability in

admiralty ....

1374

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Page.

21. Special letter of attorney in fact

1517

22. Appointment of trustee by creditors..

1518

23. Appointment of trustee by referee....

1518

24. Notice to trustee of his appointment..

1519

25. Bond of trustee.....

1519

26. Order approving trustee's bond...

1519

27. Order that no trustee be appointed..

1520

28. Order for examination of bankrupt.

1520

29. Examination of bankrupt or witness..

1520

30. Summons to witness...

1520

31. Proof of unsecured debt......

1521

32 Proof of secured debt....

1521

33. Proof of debt due corporation.

1523

34. Proof of debt by partnership...

1522

35. Proof of debt by agent or attorney.

1523

36. Proof of secured debt by agent..

1523

37. Affidavit of lost bill, or note..

1524

38. Order reducing claim.....

1524

39. Order expunging claim....

1524

40. List of claims and dividends to be recorded by referee.

1525

41. Notice of dividend.....

1525

42. Petition and order for sale by auction of real estate....

1526

43. Petition and order for redemption of property from lien.. 1526

44. Petition and order for sale subject to lien.....

1527

45. Petition and order for private sale....

1527

46. Petition and order for sale of perishable property..

1528

47. Trustee's report of exempted property...

1528

48. Trustee's return of no assets.

1529

49. Account of trustee.

1529

50. Oath of final account of trustee.....

1529

51. Order allowing account and discharging trustee.

1529

52. Petition for removal of trustee....

1530

53. Notice of petition for removal of trustee..

1530

54. Order for removal of trustee.....

1530

55. Order for choice of new trustee

1531

56. Certificate by referee to judge...

1531

57. Bankrupt's petition for discharge..

1531

58. Specification of grounds of opposition to bankrupt's discharge... 1533

59. Discharge of bankrupt...

1533

60. Petition for meeting to consider composition..

1533

61. Application for confirmation of composition.

1533

62. Order confirming composition....

1534

63. Order of distribution on composition..

1534

INDEX.

1535

FEDERAL PRACTICE.

CHAPTER XXVIII.

PRACTICE AT COMMON LAW IN CIVIL ACTIONS.

§ 360. Common-law practice in general.- Actions at common law are either civil or criminal. The Supreme Court considers the practice of the court of King's Bench in England as affording outlines for its practice at common law. In civil actions at common law the Circuit and District Courts follow in general the practice in the courts of the State where they are held, except in those particulars which are regulated by Federal statute. The Revised Statutes provide, that “the practice, pleadings and forms and modes of proceeding in civil causes, other than equity and admiralty causes, in the Circuit and District Courts shall conform, as near as may be, to the practice, pleadings and forms, and modes of proceeding existing at the time in like causes in the courts of record of the State within which such Circuit or District Courts are held, any rule of court to the contrary notwithstanding.": A proceeding begun by an attachment is a civil cause within the meaning of the statute. The phrase “as near as may be” has been held not to mean “as near as may be possible” nor “as near as may be practicable; "5 but to devolve upon the Federal courts the duty of construing and deciding, and to give them the power to reject any subordinate provision in such State statutes, which in their judgment would unwisely incumber the administration of the law, or tend to defeat the ends of justice in their tribunals. The State practice will not be so

$360. 1 Supreme Court Rule 3. 291, 301; Phelps v. Oaks, 117 U. S. 2 U. S. R. S., S 914.

236, 239. 3 U.S. R. S., § 914.

6 I. & St. L. R. Co. v. Horst, 93 U.S. 4 Citizens' Bank v. Farwell (C. C. 291, 301; Phelps v. Oaks, 117 U. 5. 236, A.), 56 Fed. R. 570.

239. See Shepard v. Adams, 168 U. S. 5 L & St. L. R. Co. v. Horst, 93 U. S. 618.

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