CERTAIN DISTRICT COURTS TO HAVE JURISDICTION, ETC. 481

Certain District Courts to have Circuit Court Jurisdiction.

SEC. 571. [The District Courts for the western district of Arkansas, the northern district of Mississippi, the western district of South Carolina, and the district of West Virginia, shall have in addition to the ordinary jurisdiction of District Courts, jurisdiction of all causes, except appeals and writs of error, which are cognizable in a Circuit Court; and shall proceed therein in the same manner as a Circuit Court.] [The District Courts for the western district of Arkansas, the castern district of Arkansas at Helena, the northern district of Mississippi, the western district of South Carolina, and the district of West Virginia, shall have in addition to the ordinary jurisdiction of District Courts, jurisdiction of all causes, except appeals and writs of error, which are cognizable in a Circuit Court, and shall proceed therein in the same manner as a Circuit Court.]

W. Va., 4 Feb., 1819, c. 12, s. 2, v. 3, p. 479.

S. C., Feb., 1823, c. 11, v. 3, p. 726; 3 Mar., 1837, c. 34, s. 3, v. 5, p. 177; 28 Mar., 1838, c. 46, s. 1, v. 5, p. 215. Miss., 16 Feb., 1839, c. 27, s. 1, v.

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p. 317.

Ga., 11 Aug., 1848, c. 151, s. 8, v. 9, p. 281.

Ark., 3 Mar., 1851, c. 24, s. 3, v. 9, p. 595; 16 Aug. 1856, c. 119, ss. 1, 3, v. 11, p. 43; 11 June, 1864, c. 120, s. 1, v. 13, p. 124; 4 June, 1872, c. 284, s. 1, v. 17, p. 218; 31 Jan., 1877, c. 41, v. 19, p. 230.

1. (Jan., 1829.) A District Court of the United States, performing the appropriate duty of a District Court, is not sitting as a Circuit Court, because it possesses the powers of a Circuit Court also. Southwick v. Postmaster General, 2 Pet. 442.

2. (Dec., 1874.) When, by act of Congress, a District Court of the United States is invested with Circuit Court powers (see sec. 571, Rev. Stat. United States), it is not thereby constituted a Circuit Court; it possesses those powers only in the territory of the district named by the act of Congress; and neither the justice for the Circuit, nor the judge for the Circuit of which the District is a part, can sit in such District Court. Kerrison v. Stewart, 1 Hughes, 67.

81

INDEX.

[NOTE. In this index, the figures standing before parentheses refer to pages, and figures
within parentheses designate subdivisions of pages. The figures which are not in connection
with parentheses refer to pages.

The Rules are referred to in the following manner: Rules prescribed by the Supreme
Court as Rule 1, &c.; Rules adopted by the District Court on the instance side and for com-
mon-law practice, as Rule 1 (d), &c.; and Prize Court Rules as Rule 1 (p), &c.]

A.

ABANDONMENT,

tender in libel, 278, 279 (31).

ACCOUNT,

admiralty jurisdiction, 72-74
of moneys, clerk to exhibit.

(1-15), 164 (40), 165 (42), 186 (7).
Rule 222 (d), 369.

to be kept in a book. Rule 223 (d), 369.

of prize goods, &c., to be taken and deposited. Rule 6 (p), 396.

ACQUITTAL,

a postponement of trial which was equivalent to, 16 (4).

ACTION,

of debt, 27 (41), 28 (48-51), 30 (56, 57).

in rem for sums certain. Payment into court, or stipulation. Rule 65 (d),
339.

ACTS

of Richard II. and Henry IV., admiralty jurisdiction, 198 (26).
ADMINISTRATOR, 243 (12), 245 (4), 230 (67).

ADMIRALTY,

courts resemble courts of equity, 286 (25, 26).
jurisdiction. Generally, 74-82 (1-63).

practice, 264-266 (1–20), 282 (2, 3).

Rules prescribed by the Supreme Court, 139-281.

ADMISSION,

instead of testimony. Rule 107 (d), 347.

of attorneys, proctors, counselors, and advocates.

Rule 163 (d), 357.

ADMONISHING THE WITNESS. Rule 14 (p), 405.
AFFIDAVIT, 282 (1–3).

for order of arrest, 43.

on motion for discharge from arrest in admiralty, 310 (1).

in libel, government not compelled to elect, 210 (61).

AMBIGUITY,

multifariousness, &c., exceptions to libel for. Rule 94 (d), 345.

AMENDMENT. Rule 7 (d), 328.

of capias. Rule 191 (4), 363.

of declaration, 34, 35 (1-8).

of information, 207 (33, 34).

of informations. Costs. Rule 185 (d), 362.

of informations and libels.

Rule 24, 223-226 (1-21).

of libel, 211 (64), 278, 279 (31).

of libel and answer; new facts, 268 (1).

of answer, 237 (63).

of libel or claim. Rule 45 (p), 423.

of minutes referred to the judge. Rule 127 (d), 351.

of return by marshal, 315 (4-6).

AMICUS CURLE, 304 (16).

AMOUNT,

of stipulation. Rule 39 (), 334.

ANSWER,

on oath.

240 (11).

Form of answer. Rule 27, 228-238 (1-68), 239 (2, 4, 5),

exceptions to. Costs. Rule 28, 238.

of libellant to interrogatories.

Rule 32, 241.

on oath may be dispensed with, when. Rule 33,
commission to take. Rule 33, 241.

as a cross-libel, 270 (1), 271 (11).

or claim, defense by. Rule 76 (d), 342.

241.

or claim, bar set up by. Costs. Rule 77 (d), 342.

alleging a bar to whole libel. Rule 78 (d), 342.

general issue by. Rule 83 (d), 343.

sworn, as evidence. Rule 87 (d), 343, 230 (16, 17), 231 (19), 233 (36),

238 (66, 67), 240 (3), 304 (12–14).

sworn. When matter deemed admitted. Rule 88 (d), 343.

or claim, time for filing. Rule 89 (d), 344.

or claim, separate. Costs. Rule 90 (d), 344.

or claim by the United States. Rule 91 (d), 344.

or claim, exceptions to. Rule 96 (d), 345.

further. Rule 97 (d), 345.

or claim, striking irrelevant matter from. Rule 98 (d), 346.

ANSWER-continued.

Rule 101 (d), 346.

by the United States to interrogatories. Rule 101 (d), 346.
exceptions to. Answers by the United States.
on oath, to interrogatories. Rule 169 (d), 359.

to judge, as to sureties to stipulation. Rule 37 (d), 334.

sufficient entry of.

Rule 151 (d), 355.

security for damages and costs. Rule 152 (d), 355.

transcript of record on. Rule 151 (d), 356.

record on. Rule Nov., 1868 (d), 382.

opinion to be annexed to record.

Rule 51 (p), 435 (1–5).

Rule Nov., 1873 (d), 383.

delay in preparing transcript. Rule 52 (p), 436.

APPEARANCE, 282, 283 (1-3).

exceptions, answer, 304 (15).

of non-resident ship-owners as condition for issuing injunction, 308 (3).
attachment of property to compel. Rule 25 (d), 331.

claim, or plea. Rule 187 (4), 362.

APPLICATION,

to reduce or discharge bail stipulation. Rule 40 (d), 335.

for purpose of bonding, on seizure. Rule 60 (d), 339.

motion instanter for. Rule 61 (d), 339.

order of course for. Rule 62 (4), 339.

notice of. Rule 66 (4), 310.

stipulation, possessory and petitory suit. Rule 70 (d), 341.

and sale, motion for commission and decree of. Rule 34 (p), 414, 415
(1-5).

APPRAISERS,

appointment. Rule 63 (d), 339.

whom to be appointed. Rule 64 (d), 339.

to be sworn, and give notice of appraisement. Rule 66 (d), 340.
compensation of. Rule 67 (), 340.

APPROPRIATE PROCEEDINGS,

under the Act of March 3, 1851, 183 (12, 13).

APPROVAL,

of bonds or stipulations. Rule Oct., 1857 (d), 376.