52.

PROOF OF CLAIMS IN LIMITED-LIABILITY PROCEDURE.

Proof of all claims which shall be filed in pursuance of said monition shall thereafter be made before a commissioner to be designated by the court, or before the court, as the court may determine, subject to the right of any person interested to question or controvert the same; and on the completion of said proofs, the commissioner shall make report, or the court its finding on the claims so proven, and on confirmation of said commissioner's report, after hearing any exceptions thereto, or on such finding by the court, the moneys paid or secured to be paid into court as aforesaid, or the proceeds of said ship or vessel and freight (after payment of costs and expense) shall be divided pro rata amongst the several claimants in proportion to the amount of their respective claims, duly proved and confirmed as aforesaid, saving, however, to all parties, any priority to which they may be legally entitled.

53.

DEFENSE TO CLAIMS IN LIMITED-LIABILITY PROCEDURE.

In the proceedings aforesaid, the said owner or owners shall be at liberty to contest his or their liability, or the liability of said ship or vessel for said embezzlement, loss, destruction, damage, or injury (independently of the limitation of liability claimed under said act), provided he, it, or they shall have complied with the requirements of rule 51, and shall also have given a bond for costs, and provided that, in his or their libel or petition, he or they shall state the facts and circumstances by reason of which exemption from liability is claimed; and any person or persons claiming damages as aforesaid, and who shall have filed his or their claim under oath, shall and may answer such libel or petition, and contest the right of the owner or owners of said ship or vessel, either to an exemption from liability, or to a limitation of liability under the said act of Congress, or both, provided such answer shall, in suitable allegations, state the facts and circumstances by reason of which liability is claimed or right to limitation of liability should be denied.

54.

COURTS HAVING COGNIZANCE OF LIMITED-LIABILITY PROCEDURE.

The said libel or petition shall be filed and the said proceedings had in any district court of the United States in which said ship or vessel may be libeled to answer for any such embezzlement, loss, destruction, damage, or injury; or, if the said ship or vessel be not libeled, then in the district court for any district in which the said owner or owners may be sued in that behalf; when the said ship or vessel has not been libeled to answer the matters aforesaid, and suit has not been commenced against the said owner or owners, or has been commenced in a district other than that in which the said ship or vessel may be, the said proceedings may be had in the district court of the district in which the said ship or vessel may be, and where it may be subject to the control of such court for the purposes of the case as herein before provided. If the ship shall have already been libeled or sold, the proceeds shall represent the same for the purposes of these rules.

55.

APPEALS IN LIMITED-LIABILITY CASES.

All the preceding rules and regulations for proceeding in causes where the owner or owners of a ship or vessel shall desire to claim the benefit of limitation of liability provided for in the act of Congress in that behalf shall apply to the circuit courts of appeals of the United States where such cases are or shall be pending in said courts on appeal from the district courts.

56.

RIGHT TO BRING IN PARTY JOINTLY LIABLE.

In any suit, whether in rem or in personam, the claimant or respondent (as the case
may be) shall be entitled to bring in any other vessel or person (individual or corpora-
tion) who may be partly or wholly liable either to the libellant or to such claimant or
respondent by way of remedy over, contribution or otherwise, growing out of the same
matter. This shall be done by petition, on oath, presented before or at the time of
answering the libel, or at any later time during the progress of the cause that the court
may allow. Such petition shall contain suitable allegations showing such liability, and
the particulars thereof, and that such other vessel or person ought to be proceeded
against in the same suit for such damage, and shall pray that process be issued against
such vessel or person to that end. Thereupon such process shall issue, and, if duly
served, such suit shall proceed as if such vessel or person had been originally proceeded
against; the other parties in the suit shall answer the petition; the claimant of such
vessel or such new party shall answer the libel; and such further proceedings shall be
had and decree rendered by the court in the suit as to law and justice shall appertain.
But every such petitioner shall, upon filing his petition, give a stipulation, with sufli-
cient sureties, or an approved corporate surety, to pay the libellant and to any claimant
or any new party brought in by virtue of such process, all such costs, damages, and
expenses as shall be awarded against the petitioner by the court on the final decree,
whether rendered in the original or appellate court; and any such claimant or new party
shall give the same bonds or stipulations which are required in the like cases from
parties brought in under process issued on the prayer of a libellant.

57.

PROPERTY IN CUSTODY OF MARSHAL

No property in the custody of the marshal or other officer of the court shall be deliv-
ered up without an order of the court; but, except in possessory actions, such order may
be entered, as of course, by the clerk, on the filing of either a written consent thereto
by the proctor on whose behalf it is detained, or an approved stipulation or bond given
as provided by law and these rules; or upon the dismissal or discontinuance of the
libel; except that, in proceedings under § 941 of the Revised Statutes, the marshal shall
not deliver any property so released until the costs and charges of the officers of the
court shall first have been paid into the court by the party receiving such property sub-
ject to the decision of the court with respect to the amount of costs due such officers.

Interrogatories, exceptions to

Interrogatories may be required to be answered under oath

Interrogatory, answer to, how obviated

37

45

36

34

33

16

3

22

27

31

33

Proof, further, when to be taken

Proof of claims in limited-liability procedure
Property in custody of marshal
Record on appeal

Record on appeal, what to be omitted from
Record on appeal, what to contain
Reduction of bail, bond or stipulation, etc.
Reference to commissioners
Registry of court, funds in

Remedies in cases of assault or beating

Remedies, in claims for pilotage or collision
Remedies, in suits for salvage

Remedies, in suits on bottomry bonds

Remedies, in suits on maritime hypothecation
Remedies, or seamen and materialmen

Reopening default decrees

Requisites of libel in instance causes

Requisites of libel of information

Right of trial courts to make rules of practice

Right to bring in party jointly liable

Rules of practice, right of trial courts to make
Sales in admiralty

Salvage-remedies

Seamen's wages-materialmen-remedies

Security on cross libel ...

Ship, how appraised, sold, or bonded

Stipulations for costs

Stipulations, how given

Suits in personam, process in-arrest in same

Suits in rem, process in

Surplusage or scandal, exceptions as to

Third parties, monition to, etc.

Travel of witnesses

Verification of answer, how obviated

Verification of claim, etc.

Wages of seamen, etc.

What either party may object to answering
Witnesses, travel of

1198

45

52

57
49

49

49

8

43

41

15

14

18

17

16

13

39

22

21

44

56

44

40

18

13

50

12

24

6

2

10

35

9

47

33

23

13

30

47

APPENDIX IV

Supreme Court of the United States.

OCTOBER TERM, 1920.

IN MEMORIAM CHIEF JUSTICE EDWARD DOUGLASS WHITE.

Mr. Justice McKenna said:

"GENTLEMEN OF THE BAR: This empty chair, and the sombre drapery upon it, announce that since the last sitting of the court a grievous affliction has come to the country and to us, an affliction which to some of us, and, it may be, to all of us, can never have complete solace. A great life has ceased to exist; one replete with achievements,-achievements in many fields of endeavor, all typical and demonstrative of ability and merit, of which, to adopt the words of another, 'it would be difficult to say anything that would transcend the bounds of a just and decorous eulogy.' Eulogy, however, will be the purpose and appointment of another time, and of other lips than mine. To mine now is the humbler and sadder deputation to express the sorrow of my brethren and myself at the death of our Chief Justice. But, expressing a more poignant and personal sorrow, may I not say, at the death of our associate in duties, our companion in council, our friend and intimate. He was all of these to us, and by them animated and directed our work; his precedence veiled under a considerate courtesy, our intercourse with him made a real enjoyment. I use the word 'enjoyment' because I speak in retrospection,-speak of a time upon which sorrow had not cast its shadow.

"I hope I shall be pardoned these personal considerations. I do not overlook or underestimate the greater abilities that attracted the nation's commendation in his life, and has caused the nation's sorrow in his death,-a sorrow in which we participate. But his faculties need not be distinguished; they were comprehensive in their action, had connection and purpose, were as manifest in private life as in official life.

"In private life he was a gentleman in the best sense of that much-abused word. He was considerately kind and courteous, and not in passing show, for he was incapable of artifice or dissimulation.

"In official life he had a high and earnest sense of duty, and duty to a judge has a special incentive,-its object is justice, and justice to the fullness of its definition: 'The constant and perpetual wish to render to every man his rights.' This wish was ever in the Chief Justice's mind,-its insistent motive and animation. And in this duty to the individual serious questions came,-questions of the validity of laws and Executive Acts, and the ordination of the powers of the United States and the states, granted or reserved to them, respectively, by the Constitution. To the questions thus presented the Chief Justice directed a consideration proportioned to their immediate and ultimate effect, the public welfare depending upon them. He realized, as all of us must realize, that the necessity of passing upon them marks the place and power of the Federal judiciary in our scheme of government,—the condition, it may be, of its stability and permanence, preserving always the splendid conception of the Constitution,-one sovereignty constituted of many,-it being supreme within the sphere of its powers, they being supreme within the sphere of their powers, resulting in governments, national, and