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joinder of parties in,

of seamen in for wages,

of causes of action in,..

of in rem and in personam,-

provisions of the new rules respecting,

of against ship and freight, or ship, freight and master,.

32, note, 213, note.

8

20

22

59

25

37

41

41-44

in courts of the United States commenced by libel,

consolidation of, ...

plenary and summary, -

ADVOCATE, his office,.

fees of, regulated by statute,

70

440

332, note.

9

438

AFFREIGHTMENT, CONTRACTS OF.

delivery of goods a waiver of ship-owner's lien thereon for freight,...

503

but shipper not bound to pay freight until goods are landed,.....
ship-owner entitled to retain possession until payment of freight,..... 504
precedents of libels in actions on,....

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AMENDMENTS, Comprehensive discretionary power of the courts relative to, 258

of the libel, rule regulating,...

258

in appellate court, to what extent allowable,...

259

to be restricted to the original subject of controversy,

263

of answer, allowed with caution,....

application to the court to permit, when necessary,.

266

267

PAGE.

AMENDMENTS (Continued):

practice, relative to, of District Court for Southern District of N. Y.,
proceedings to obtain allowance of,......

268

269

in appellate court, . . .

409

general principle regulating the allowance of,

415

ANSWER.

only form of defensive pleading usually resorted to in American courts, 233
strictly proper only for the purpose of contesting the action on its

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to interrogatories, when dispensed with or taken on commission,.

252

to be on oath or affirmation,

252

defendant not bound to accuse himself in,...

251

one defendant not bound by admissions made in, by his co-defendant,. 270
denials in, force and effect of,...

271

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APPEALS, acts of Congress conferring and regulating right of appeal,.. 368-377

in what cases and within what time an appeal lies,.....

372

restricted to decrees which are final,....

372

will not lie from decision upon matters resting in discretion,..

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appeal should be in writing, but this held not to be indispensable,

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PAGE.

APPEALS (Continued):

security to be taken on signing,..

precedent of bond for,.....

appeal taken less than 30 days before next term, when to be heard,
transcript of record and proceedings to be sent to Supreme Court,

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385

590

384

388

388

389

390

objections to evidence to be taken in court below, and certified, .. 391

original papers may be sent to Supreme Court, when,.

391

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option of appellee as to hearing, when taken less than 20 days

before next term,...

404

when taken sedente curia, citations unnecessary,.

404

proceeding on, according to practice of English High Court of Admi-

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proceedings on, in appellate court, &c.,.....

new allegations in appellate court, origin and extent of rule allow-
ing,.....

principles regulating application of the rule- caution requisite,
new evidence in appellate court-limits of right to give,...
further time allowed to obtain, when not,...
mode of proof on appeal to circuit court-witness to be examined,
and to testify viva voce (see " ADDENDA "),

.....

in Circuit Court for Northern District of New-York, copy of
notes taken by or under direction of district judge, may
be used by consent of parties, .. . ..

416

118

419

425, note.

cannot be heard in the absence of the judge of S. Court, 428, note.

whether trial by jury admissible in, under act of 1845, ... 428

407

409

409

decrees on, how enforced,.......

APPEARANCE OF PARTIES. [See Default and Contumacy.]

APPRAISEMENT, of property under arrest, .

428

96

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must be interposed by owner in person, unless, etc.,..

206

may be put in by agent, or by master, or consignee, when,

206

form of the oath required of the agent and master on putting in,...... 207
may be interposed by foreign consul in behalf of his fellow citizens or

subjects,

207

...

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founded upon distinct interests, to be separately interposed, .

may be combined with answer,.

inaccurate use of the term,..

security to be given by,

form of the oath required of,

if none appear, surplus proceeds to be retained,

208

209

210

201

201

201

205

209

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COMMISSIONERS, to take acknowledgments of bail, affidavits, depositions,

etc., their duties and powers,..

empowered to take depositions de bene esse,..

to take admiralty stipulations,..

to issue summons on behalf of seamen,.

special, in admiralty causes,..

351, 425, note.

438

10, 12, 185

11

11

11

14

PAGE.

COMMISSIONERS (Continued):

111

form of certificate of, to sufficiency of sureties in stipulation, 574, note (a)
bound to look to sufficiency of sureties in taking stipulations,..
authorized to examine sureties on oath,...

references to,......

form of report on reference to,

CONDEMNATION, impropur use of the term in American courts of admiralty,

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COSTS, usually awarded to prevailing party, but discretionary,

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on appeal to Supreme Court regulated by general rule,.

134

12, 185

180, note.

192, note.

440

517

326-338

438

438

438

439

439

441

439

101

238

361

119, 198

92

94

95

385, 405

proctors' fees in actions in rem, when not chargeable against adverse

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[For forms of security for, see Precedents.]

COURTS OF ADMIRALTY, origin of on the Continent of Europe,

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power conferred on Supreme Court to prescribe rules of practice for,..
first executed, with respect to admiralty proceedings, in 1845, ...

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