fendant submitting to such further orders and terms in the premises as the court may direct.

A rehearing in admiralty cannot be had after the term of the court has passed at which the decree was rendered. The Steamboat New England, 3 Sum., C. C., 495.

Rule No. 41.

Sales of property, proceeds.-All sales of property under any decree of 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.

It is the duty of the marshal, upon all interlocutory sales, to bring the proceeds into court, with a regular account of the sales. The Avery and Cargo, 2 Gall.. 308.

Where a decree directs an officer of the court to sell property, "and bring the proceeds of sale into court," and the sale is on a credit of one, two and three years, and bonds are given for the payment of the installments, these bonds are the immediate proceeds of sale. As a matter of convenience they may be permitted to remain in the hands of the officer, but as a matter of strict right, the creditor may require that they shall be brought into court. Walls v. Thornton's Adm'r, 2 Brock., 422.

Rule No. 42.

Moneys deposited.-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.

Rule No. 43.

Intervention for proceeds.-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 pro inter esse 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 claim shall be deserted, or, upon a hearing, bé dismissed, the court may, in its discretion, award costs against the petitioner in favor of the adverse party.

Where a mortgage existed upon the moiety of a vessel, which was afterwards libeled, condemned, and sold by process in admiralty, and the proceeds brought into the registry of the court, the mortgagee could not file a libel against a moiety of those proceeds. His proper course was held to have been either to have appeared as a claimant when the libel was first filed, or to have applied to the court, by petition, for a distributive share of the proceeds. Schuchardt et al. v. The Ship Angelique, 19 How., 239.

When a vessel has been previously libeled for a subsequent bottomry bond, and for wages of the seamen, and duly sold to pay them, as such liens have precedence over prior ones a person holding a mortgage of the vessel to secure a debt for advances made for her last voyage, is allowed to interpose a claim on the balance of the proceeds in the custody of the court, whether he could or could not sustain a libel to enforce it against the ship originally. Leland et al. v. The Ship Meadora, 2 Woodb. & M., 92.

Under the 43d rule of admiralty practice, the party entitled to remnants or the surplus in court, can only obtain it by petition or motion, and any one having an interest has a right to intervene pro inter esse suo, whether his application involves the settlement of partnership accounts or not. The Goldsmith, 1 Newb., 123.

Where a surplus remains in court from the proceeds of a sale made for the benefit of a lien creditor, it may be appropriated in payment of other liens on the original property, but not of debts arising on contracts merely personal. Brackett et al. v. The Hercules, Gilp., 184; The New Brig, Id., 536.

When the owner and mortgagee of a ship both appear and file answers to the libel of a bottomry holder, it is competent for each to claim in his answer or by a separate petition, that the proceeds of the vessel, after satisfaction of the bottomry security, be paid to him. The Ship Panama, Olc. Adm., 343.

Rule No. 44.

References to commissioners.-In cases where the court shall deem it expedient or necessary for the purpose 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 reference to them, including the power to administer oaths to and examine the parties and witnesses touching the premises.

Where the validity of a bottomry lien is contested, the court will order a reference to ascertain and report the actual constituents of the lien. Farris v. The Brig Magoun, Olc. Adm., 55.

Where, in an action in personam, the court below ascertained from the hearing before it that the main questions in controversy were in respect to accounts between the parties as master and owner of a vessel, it was held, that it was a proper case to be referred to a commissioner; it was not necessary that the testimony should be taken in open court. Shaw v. Collier, 28 How. Pr., 238.

Rule No. 45.

Appeals, when taken.-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; or in case no such rule or order be made, then within thirty days from the rendering of the decree.

See Revised Statutes, Sec. 635, ante, p. 135.

Amended May 6, 1872. 13 Wall., xiv.

In prize cases, wherever it appears that notice of appeal or of intention to appeal to the Supreme Court was filed with the clerk of the district court within thirty days next after the final decree therein, an appeal will be allowed to the Suprme Court whenever the purposes of justice require it. The Nuestra Lenora De Regla, 17 Wall., 29.

An appeal from a decree of the district court, in an admiralty case, to the circuit court, must be taken in open court before the adjournment sine die, unless a different period be prescribed by the court. Norton v. Rich, 3 Mason, C. C., 443.

An appeal in admiralty to the circuit court, will carry up the whole fund, and mere technical errors in the decree of that court not injuriously affecting the rights of the parties are not sufficient grounds of reversal in the Supreme Court. The Wanata, 95 U. S., 600.

Rule No. 46.

Practice, how regulated.—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 of admiralty.

For a full discussion of a rule adopted by the circuit court of the United States for the district of Ohio see Beers et al. v. Haughton, 9 Pet., 329. The rule was held to have been adopted by authority of the process act of May 19, 1828.

Rule No. 47.

When bail taken on arrest.-In all suits in personam, where a simple warrant of arrest issues and is executed, bail shall be taken by the marshal and the court in those cases only in which it is required by the laws of the State where an arrest is made upon similar or analogous process issuing from the State courts.

Where imprisonment for debt abolished.-And imprisonment for debt, on process issuing out of the admiralty court, is abolished in all cases where, by the laws of the State in which the court is held, imprisonment for debt has been, or shall be hereafter, abolished, upon similar or analogous process issuing from a State court.

Promulgated December term, 1850. 10 How., V.

The court will not permit a party to be held to bail in two places at the same time, for the same cause of action. Bingham v. Wilkins, Crabbe, 50.

Rule No. 48.

Sufficiency of answer.-The twenty-seventh rule shall not apply to cases where the sum or value in dispute does not exceed fifty dollars, exclusive of costs, unless the district court shall be of opinion that the proceedings prescribed by that rule are necessary for the purposes of justice in the case before the

court.

Repeal of rules.-All rules and parts of rules heretofore adopted, inconsistent with this order, are hereby repealed and annulled.

Promulgated December term, 1850. 10 How., vi.

Rule No. 49.

Further proof on appeal, how taken.-Further proof, taken in a circuit court upon an admiralty appeal, shall be by deposition, taken before some commissioner appointed by a circuit court, pursuant to the acts of Congress in that behalf, or before some officer authorized to take depositions by the thirtieth section of the act of Congress of the 24th of September, 1789, upon an oral examination and cross-examination, unless the court in which such appeal shall be pending, or one of the judges thereof, shall, upon motion, allow a commission to issue to take such depositions upon written interrogatories and cross-interrogatories. When such deposition shall be taken by oral examination, a notification from the magistrate before whom it is to be taken, or from the clerk of the court in which such appeal shall be pending, to the adverse party, to be present at the taking of the same, and to put interrogatories, if he think fit, shall be served on the adverse party or his attorney, allowing time for their attendance after being notified not less than twenty-four hours, and, in addition thereto, one day, Sundays exclusive, for every twenty-miles' travel: Provided, That the court in which such appeal may be pending, or either of the judges thereof, may, upon motion, increase or diminish the length of notice above required.

See Revised Statutes, Sec. 863-865, ante, pp. 330, 335.

Promulgated December term, 1851. 13 How., vi.

When the evidence is so contradictory and ambiguous as to render a decision difficult, the court will order further proof in a revenue or instance The Samuel, 1 Wh., 9.

cause.

A prize case was heard on further proofs, though the transcript disclosed no order for such proofs, it having been plain, from both parties having joined in taking them, that either there was an order, or that the proofs were taken by consent. The Georgia, 7 Wall., 32.

After an appeal has been duly taken from a decree in the circuit court to the Supreme Court by the claimant in an admiralty suit in rem, the circuit court will not, on the application of the claimant, under the 12th rule of the Supreme Court, order a commission to issue to examine witnesses who are named, so that their depositions may be made available to the claimant on the appeal, although he has prayed, in his petition of appeal, that the cause may be tried anew in the Supreme Court, as well upon the proceedings