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mission for taking the examination of such witness or witnesses de bene esse, the party praying such commission giving reaSonable notice to the adverse party of the time and place of taking such deposition.

RULE XXV.

Testimony may be taken according to the acts of Congress, or under a commission. Whenever a general commission shall be issued for taking depositions upon answer and replication, six months from the time of the replication shall be allowed the parties for taking their depositions; and either party at the expiration of the said six months may set the cause for hearing, and no deposition taken after that time shall be read as evidence on the hearing, unless the same was taken by consent of parties, by special order of the Court, or out of the District.

RULE XXVI.

Commissions to take depositions may be executed by any person qualified to take testimony according to the laws of the State, or by any person or persons, not exceeding three, appointed or named in the commission by order of the Court, or by any judge thereof in vacation. All testimony taken under a commission shall be taken on interrogatories and cross-interrogatories filed in the cause, unless the parties shall dispense therewith, which interrogatories shall be filed in the clerk's of fice ten days previous to a rule day, after which the defendant shall be allowed five days to file his cross-interrogatories, unless he waives his right.

RULE XXVII.

Orders for the admission of a guardian ad litem, to defend a suit, may be made either by the Court or one of the judges thereof.

RULE XXVIII.

Witnesses who live within the District may, upon due notice of the opposite party, be summoned to appear before the com

missioners appointed to take testimony or before a master or examiner appointed in any cause by subpoena in the usual form, which may be issued by the clerk in blank, and filled up by the party praying the same, or by the commissioners, master, or examiner, requiring the attendance of the witnesses at the time and place specified, who shall be allowed for attendance the same compensation as for attendance in Court; and if any witness shall refuse to appear, or to give evidence, it shall be deemed a contempt of the Court, which being certified to the clerk's office by the commissioners, master, or examiner, an attachment may issue thereupon by order of the Court, or of any judge thereof, in the same manner as if the contempt were for not attending, or for refusing to give testimony in the Court. But nothing herein contained shall prevent the examination of witnesses viva voce when produced in open Court.

RULE XXIX.

When a matter is referred to a master to examine and report thereon, he shall assign a day and place therefor, and give reasonable notice thereof to the parties, or to the attorney or solicitor of such party as may not reside within the District, and if either party shall fail to attend at the time and place, the master may adjourn the examination of the matter to some future day, and give notice thereof to the parties, in which notice it shall be expressed that if the party fail again to appear, the master will proceed ex parte; and if after receiving such notice. the party shall again fail to appear, the master may proceed to examine the matter to him referred, and to report the same to the Court, that such proceedings may be had thereon as to the Court shall seem equitable and right.

RULE XXX.

The Courts in their sittings may regulate all proceedings in the office, and may set aside any dismissions, and reinstate the suits on such terms as may appear equitable..

RULE XXXI.

Every petition for a re-hearing shall contain the special mat

ter or cause on which such re-hearing is applied for, shall be signed by counsel, and the facts therein stated, if not apparent on the record, shall be verified by the oath of the party or some other person. No re-hearing shall be granted after the term at which the final decree of the Court shall have been entered and recorded, if an appeal lies to the Supreme Court. But if no appeal lies, it may be admitted at any time before the end of the next term of the Court.

RULE XXXII.

The Circuit Courts may make further rules and regulations, not inconsistent with the rules hereby prescribed, in their discretion.

RULE XXXIII.

In all cases where the rules prescribed by this Court, or by the Circuit Court, do not apply, the practice of the Circuit Courts shall be regulated by the practice of the High Court of Chancery in England.

ORDERED by the Court, that the foregoing rules be the rules of practice for the Courts of Equity of the United States, from and after the first day of July next, and the clerk of the Court is directed to have the same printed, and to transmit a printed copy thereof, duly certified, to the clerks of the several Courts of the United States, and to each of the Judges thereof.

MEMORANDUM.

DIED, on Monday, the 25th of February, in the City of Washington, WILLIAM PINKNEY, in the fiftyeighth year of his age. He was one of the Board of Commissioners for settling the claims under the British treaty of 1794, and had represented the government of this country, as its minister plenipotentiary, successively, at the Courts of London, Naples, and St. Petersburgh, with dignity and ability; he had held, with the highest reputation, the office of Attorney-General of the United States; and at the time of his death was a Senator in Congress from his native State of Maryland, and a distinguished ornament of this bar. His funeral took place on the ensuing Wednesday, in the forenoon, under the direction of the Senate, and was attended with all those public solemnities and that reverential sorrow due to his exalted talents and station.

To extraordinary natural endowments, Mr. PINKNEY added deep and various knowledge in his profession. A long course of study and practice had familiarized his mind with the science of the law, in every department; and his attainments in the auxiliary branches of learning, essential to the jurist and advocate, were of the most profound and elegant character. For many years he was the acknowledged leader at the head of the bar of his native State; and during the

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