missioners appointed to take testimony, or before a master or examiner appointed in any cause by subpoena in the usual form, which may be issued by the clerk in blank, and filled up by the party praying the same, or by the commissioners, master, or examiner, requiring the attendance of the witnesses at the time and place specified, who shall be allowed for attendance the same compensation as for attendance in Court; and if any witness shall refuse to appear, or to give evidence, it shall be deemed a contempt of the Court, which being certified to the clerk's office by the commissioners, master, or examiner, an attachment may issue thereupon by order of the Court, or of any judge thereof, in the same manner as if the contempt were for not attending, or for refusing to give testimony in the Court. But nothing herein contained shall prevent the examination of witnesses viva voce when produced in open Court.

RULE XXIX.

When a matter is referred to a master to examine and report thereon, he shall assign a day and place therefor, and give reasonable notice thereof to the parties, or to the attorney or solicitor of such party as may not reside within the District, and if either party shall fail to attend at the time and place, the master may adjourn the examination of the matter to some future day, and give notice thereof to the parties, in which notice it shall be expressed that if the party fail again to appear, the master will proceed ex parte; and if after receiving such notice the party shall again fail to appear, the master may proceed to examine the matter to him referred, and to report the same to the Court, that such proceedings may be had thereon as to the Court shall seem equitable and right.

RULE XXX.

The Courts in their sittings may regulate all proceedings in the office, and may set aside any dismissions, and reinstate the suits on such terms as may appear equitable.

RULE XXXI.

Every petition for a re-hearing shall contain the special mat

ter or cause on which such re-hearing is applied for, shall be signed by counsel, and the facts therein stated, if not apparent on the record, shall be verified by the oath of the party or some other person. No re-hearing shall be granted after the term at which the final decree of the Court shall have been entered and recorded, if an appeal lies to the Supreme Court. But if no appeal lies, it may be admitted at any time before the end of the next term of the Court.

RULE XXXII.

The Circuit Courts may make further rules and regulations, not inconsistent with the rules hereby prescribed, in their discretion.

RULE XXXIII.

In all cases where the rules prescribed by this Court, or by the Circuit Court, do not apply, the practice of the Circuit Courts shall be regulated by the practice of the High Court of Chancery in England.

ORDERED by the Court, that the foregoing rules be the rules of practice for the Courts of Equity of the United States, from and after the first day of July next, and the clerk of the Court is directed to have the same printed, and to transmit a printed copy thereof, duly certified, to the clerks of the several Courts of the United States, and to each of the Judges thereof.

MEMORANDUM.

DIED, on Monday, the 25th of February, in the City of Washington, WILLIAM PINKNEY, in the fiftyeighth year of his age. He was one of the Board of Commissioners for settling the claims under the British treaty of 1794, and had represented the government of this country, as its minister plenipotentiary, successively, at the Courts of London, Naples, and St. Petersburgh, with dignity and ability; he had held, with the highest reputation, the office of Attorney-General of the United States; and at the time of his death was a Senator in Congress from his native State of Maryland, and a distinguished ornament of this bar. His funeral took place on the ensuing Wednesday, in the forenoon, under the direction of the Senate, and was attended with all those public solemnities and that reverential sorrow due to his exalted talents and station.

To extraordinary natural endowments, Mr. PINKNEY added deep and various knowledge in his profession. A long course of study and practice had familiarized his mind with the science of the law, in every department; and his attainments in the auxiliary branches of learning, essential to the jurist and advocate, were of the most profound and elegant character. For many years he was the acknowledged leader at the head of the bar of his native State; and during the

last ten years of his. life, the principal period of his attendance in this Court, he enjoyed the reputation of having been rarely equalled, and perhaps never excelled, in eloquence and the power of reasoning upon legal subjects. His mind was acute and subtle; rapid in its conceptions, and singularly felicitous in the exposition of the truths it was employed in investigating. Mr. PINKNEY had the command of the greatest variety of the most beautiful and peculiarly appropriate diction, and the faculty of adorning and illustrating the dryest and most intricate discussions. His favourite mode of reasoning was from the analogies of the law; and whilst he delighted his auditory by his powers of amplification and rhetorical ornament, he instructed the Court by tracing up the technical rules and positive institutions of jurisprudence to their historical source and first principles. He was profoundly versed in the ancient learning of the common law: its technical peculiarities and feudal origin, its subtle distinctions and artificial logic, were familiar to his early studies, and enabled him to expound, with admirable force and perspicuity, the rules of real property. To this, and his other legal attainments, he superadded, at a later period of life, an extensive acquaintance with the theory and administration of public law.

In the various questions of Constitutional law which have been recently discussed in this high tribunal, it may be said, it is hoped, without irreverence, that Mr. PINKNEY's learning and powers of investigation have very much contributed to enlighten and fix its judgments. In the discussion of that