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The following additional rules made in 1860, and subsequently, in some respects, modified, relate, it will be seen, exclusively to suits in admiralty, and do not, therefore, come within the scope of this work. But on account of their importance, and for the purpose of making the body of rules to which they belong complete, I append them.

I.

In order to prevent the commencement of suits upon small demands, and the consequent accumulation of costs altogether disproportionate to the sum demanded, the clerk will issue no process for seamen's wages, when the sum sworn to be due to a sole libellant is less than ten dollars, or to several joint libellants is less than fifteen dollars, or for any other demand, when the amount sworn to be due is less than twenty dollars, except when specially ordered by the court or the judge thereof, or such judge shall be absent from his place of residence. When the amount recovered shall be less than the sums above named, no costs will, in ordinary cases, be decreed to the libellant unless it shall be shown upon the hearing that such libellants could not have had a complete and perfect remedy in a court of a justice of the peace.

II.

In suits for seamen's wages, the clerk shall insert in the warrant of arrest and monition, after the words "in a cause of subtraction of wages civil and maritime,” the words "and also to answer unto all other persons having demands against the said vessel, for wages earned on board thereof, who may choose to make themselves parties to the libel of the said (naming the libellant or libellants), by way of amendment or supplement, without further process or citation." And all mariners having claims against such vessels may, thereupon, so long as the vessel remains in custody, or any proceeds thereof remain in the registry, make themselves parties to such libel or suit, by a petition and proper allegations, by way of amendment or supplement to such original libel, and may have a decree for the payment of their demands, as though they were named as parties to the original libel, and no new warrant of arrest or monition shall be issued in favor of any seaman, who, in respect to the demand on which he seeks such process, is entitled to make himself a party to proceedings already commenced; and no costs shall be allowed to any such seaman who shall, without

sufficient excuse, fail to apply to make himself a party to such a suit on the return day of such process, or the first court day thereafter. And in order to allow such seaman to make such application, no final order of reference in any case for seamen's wages shall be made until the next court day after the return day of the process issued thereon.

III.

No warrant of arrest shall issue on behalf of a seaman for wages on board a British or Canadian vessel, where it shall appear that such seaman shipped and was discharged in Canada or elsewhere out of the United States; or in favor of any subject of Great Britain against any British vessel until the written consent thereto of the British consul, or an order of the judge therefor, shall have been filed.

IV.

All decrees for seamen's wages shall direct the amount decreed for such wages to be paid to the libellant in person; and all checks or orders for the payment of such wages shall be drawn, payable to the order of the seaman to whom such wages shall have been decreed.

V.

No allowance for the expenses of keeping any ship, or vessel, or other property, beyond the sum of fifty cents per day, or fifteen dollars in the aggregate, shall be allowed to the marshal, except upon the affidavit of the shipkeeper or other custodian, stating his employment and service, and the amount he has been actually paid therefor, and that such payment was received for such service only, and was received wholly for his own benefit, and not for the benefit of any officer of the court; and also, that there is no understanding or intention that the whole, or any part thereof shall be paid, or in any way disposed of or allowed to the marshal or his deputy, or for his or their benefit; and a copy of such affidavit shall be served with the copy of bill of fees or statement of allowance claimed.

VI.

In collision causes, unless the libel and answer shall respectively state or admit, either positively or upon information and belief, and as fully and accurately as practicable:

1. The names of the vessels which came into collision, and of their respective masters;

2. The time of the collision, and whether in the night or day time; 3. The name of the officer or person in charge of the deck of the vessel of the party;

4. The place of the collision;

5. The general course or direction of the vessel of the party, and her direction at the time of the collision;

6. The state of the weather, and, if in the night, the character of the night in respect to darkness, rain, &c.;

7. The course and speed of the party's vessel, when the other was first seen;

8. The lights, if any, carried by her, and their position;

9. The bearing and apparent distance of the other vessel when the vessel itself was first seen;

10. The lights, if any, of the other vessel which were first seen, and their bearing, and their estimated apparent distance at that time;

11. Whether any lights of the other vessel other than those first seen came into view before the collision, and the particulars thereof; 12. The names of the person or persons, if any, stationed and acting as lookout on the vessel of the party at the time the other vessel or her light was first seen;

13. What measures were taken, and when, to avoid the collision, and particularly, whether any and what change of helm or sails was made for that purpose;

14. The parts of each vessel which first came into contact, and the manner in which they struck;

15. The character and extent of the injury, if any, to the party's vessel.

The opposite party may, on showing to the satisfaction of the court, by affidavit or otherwise, that a more full and specific statement of the circumstances of the collision mentioned in such libel or answer, in respect to some one or more of the particulars above mentioned, is necessary to the proper preparation of an answer to such libel, or the proper preparation, on his part, for the final hearing of such cause, or will materially reduce the expenses of procuring testimony for such hearing, may, on motion (due notice of such motion, with copies of affidavits and papers, other than the files of the court, on which such motion is to be made, having been first served on the opposite proctor at least four days before the day for which such motion is noticed), obtain a special order of the court for the amendment of such libel or answer, in regard to such particulars, within such time, and upon such conditions, and with such consequences, in case of a non-compliance

with such order as the court shall prescribe. And an order staying proceedings on any defective libel, or striking out any defective answer may be made, on a further notice of motion for that purpose, in case any amendment ordered by the court is not made and filed as required by such order, unless some satisfactory cause for the noncompliance with such order shall be shown.

VI.

PRACTICAL FORMS.

[See Index-Precedents.]

1. IN SUITS AT COMMON LAW.

[A proper attention to the brief directions which have already been given under the appropriate heads, relative to the forms of process and pleadings, in suits at common law in the courts of the United States, will, it is hoped, in general, be found sufficient to guide the young practitioner in these matters. But it may, neverthe. less, conduce to his convenience, to illustrate, by a few examples, what is peculiar in these respects to those tribunals.]

PROCESS.

CAPIAS IN THE CIRCUIT COURTS.

The President of the United States of America, to the Marshal of the District of GREETING: You are hereby

commanded that you take

if he shall be

found in your District, and him safely keep, so that you may have his body before the Circuit Court of the United States of America, for the

District of

next, to answer unto

in the

Circuit

in

in a plea of

to be held at1 the said District before the judges of the said Court, on the day of trespass. [If the defendant is to be held to bail, here insert the ac etiam clause in the usual form.] And have you then there this writ. Witness, the Honorable

Supreme Court of the United States, at

trict, this

day of

thousand eight hundred and

Chief Justice of the

in the said Dis

in the year of our Lord, one

CLERK.

'When the court is expressly required by law to be held in some particular building, the process ought to be made returnable there; but when only the city or village is designated by law, the process is made returnable at such city or village.

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