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BODLEIAN

23 APR 1963

LIBRARY

Southern District of New-York, ss.

BE IT REMEMBERED, that on the twentieth day of July, in the fortyseventh year of the Independence of the United States of America, Henry Wheaton, of the said district, hath deposited in this office the title of a book, the right whereof he claims, as author, in the words and figures following, to wit:

"Reports of Cases argued and adjudged in the Supreme Court of the United States. February Term, 1822. By Henry Wheaton, Counsellor at Law. Volume VII."

IN CONFORMITY to the act of the Congress of the United States, entitled, "An act for the encouragement of learning, by securing the copies of maps, charts, and books, to the authors and proprietors of such copies, during the times therein mentioned;" and also, to an act, entitled, "An act supplementary to an act, entitled, an act for the encouragement of learning, by securing the copies of maps, charts, and books, to the authors and proprietors of such copies, during the times therein mentioned, and extending the benefits thereof to the arts of designing, engraving, and etching historical and other prints."

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JUDGES

OF THE

SUPREME COURT OF THE UNITED STATES,

DURING THE TIME OF THESE REPORTS.

The Hon. JOHN MARSHALL, Chief Justice. The Hon. BUSHROD WASHINGTON, Associate Justice.

The Hon. WILLIAM JOHNSON, Associate Justice. The Hon. BROCKHOLST LIVINGSTON, Associate Jus

tice.

The Hon. THOMAS TODD, Associate Justice.
The Hon. GABRIEL DUVALL, Associate Justice.
The Hon. JOSEPH STORY, Associate Justice.

WILLIAM WIRT, Esq. Attorney-General.

RULES OF PRACTICE

FOR THE

COURTS OF EQUITY OF THE UNITED STATES.

UNDER the authority given to this Court, by the Act of May 8th, 1792, c. 137. s. 2., the following Rules were ordered by the Court, at the present term, to be the Rules of Practice for the Courts of Equity of the United States:

RULE I.

RULES shall be held monthly in the Clerk's office on the first Monday in every month, for the purpose of entering all proceedings and orders which may be entered at the rules, and which are not taken or made in open Court. The rules shall be held under the direction of the Clerk; but either of the Judges of the Court may make or allow any special orders in any cause, not inconsistent with the regulations herein prescribed, which shall be entered in the rule book, and take effect accordingly.

RULE II.

66

All process shall be made returnable to the next succeeding term, or to any intermediate rule day, at the election of the party praying the same, and the return of the said process executed" shall be effectual whereon to ground any subsequent proceedings. If the party be not found, a copy served by the

person leaving the same shall be left with his wife, or any free white person who is a member of his or her family, at his or her dwelling-house or usual place of abode, and the truth of the case shall be returned; and where such process shall not be executed, the Clerk is directed to issue other similar process, if the same be required by the party at whose instance the original process was sued out; and if upon such second process the party be not found, a copy shall be again left in like manner as is hereinbefore directed, and upon a second return that the party is not found, and that a copy has been left as herein directed, the same proceedings may be had as on process returned executed.

RULE III.

Where any person, either plaintiff or defendant, in any suit, shall be dead, it shall be lawful for the Clerk, during the recess of the Court, upon application, to issue process to bring into Court the representative of such deceased person.

RULE IV.

The plaintiff shall file his bill before or at the time of taking out the subpoena.

RULE V.

The plaintiff may amend his bill before the defendant or his attorney or solicitor hath taken out a copy thereof, or in a small matter afterwards, without paying costs; but if he amend in a material point after such copy obtained, he shall pay the defendant all costs occasioned thereby,

RULE VI.

The day of appearance shall be the rule day after the process is returned executed, or after the second return of a copy left if the process shall not be executed, when the process is returnable to the rules, or the rule day next succeeding the term, where the process shall be returnable to a term of the Court; and if the defendant shall not appear and file his

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