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Resolved, That the Supreme Court of the United States, and the country, have sustained, in the death of the Honourable HENRY BALDWIN, a loss of extensive learning, indefatigable industry, pure integrity, and sterling abilities : a long and laborious practice at the Bar, had prepared and disciplined his mind for the severer studies and more responsible duties of the Bench, and he has left to the Profession lasting proofs how faithfully he pursued the one, and how actively he discharged the other.
Resolved, That this meeting sincerely laments Judge Baldwin's decease, in the midst of a career of active usefulness; and that the members of this Bar, and Officers of this Court, will wear the usual badge of mourning during the residue of the term.
« Resolved, That the chairman and secretary transmit a copy of these proceedings to the family of the deceased, and assure them of our sincere condolence, on account of the great loss they have suslained.
• Resolved, That the Attorney General be requested to move the Court that these resolutions be entered in the minutes of their prnceedings.
Jas. BUCHANAN, Chairman. Wm. L. Dayton, Secretary."
To which Chief Justice TANEY, replied as follows:
The Court very sincerely unite with the Bar, in the testimony of respect proposed to be offered to the memory of our departed brother. We have at the present term, as at the last, assembled together under painful circumstances; and are again called upon to deplore the loss of one, who for many years was associated with us in the labours of the court; and whose great learning commanded the confidence of all who had an opportunity of knowing him. He was indeed full of the learning of the law; strikingly familiar with its records and decisions, in ancient as well as modern times; and perhaps scarcely any one can fully appreciate his high claims to respect, unless, like ourselves, he had often met him in the calm discussion of the conference room, and heard him from time to time discussing the various, abstruse and difficult questions which are continually arising. We sincerely feel his loss, and deeply deplore it; and shall direct these proceedings to be entered on the records of the Court, as evidence of the respect and regard which we all entertained for him.”
RULEE OF PRACTICE
COURTS OF THE UNITED STATES
IN CAUSES OF
ADMIRALTY AND MARITIME JURISDICTION.
RULES OF PRACTICE
OF THE COURTS OF THE UNITED STATES IN CAUSES OF ADMIRALTY
AND MARITIME JURISDICTION ON THE INSTANCE SIDE OF THE COURT-IN PURSUANCE OF ACT OF THE 28D OF AUGURT, 1842. CH. 188.
No mesne process shall issue from the District Court in any civil cause of admiralty and maritime jurisdiction, until the libel or libel of information shall be filed in the clerk's office, from which such process is to issue. Al process shall be served by the marshal or by his deputy, or where he or they are interested, by some discreet and disinterested person appointed by the court.
In suits in personam, the mesne process may be by a simple warrant of arrest of the person of the defendant in the nature of a capias, or by a warrant of arrest of the person of the defendant with a clause therein, that if he cannot be found, to attach his goods and chattels to the amount sued for, or if such property cannot be found, to attach his credits and effects to the amount sued for in the hands of the garnishees named therein ; or, by a simple monition in the nature of a summons to appear and answer to the suit, as the libellant shall, in his libel or information, pray for, or elect.
In all suits in personam, where a simple warrant of arrest issues and is executed, the marshal may take bail with sufficient sureties from the party arrested by bond or stipulation, upon condition that he will appear in the suit and abide by all orders of the court, interlocutory or final, in the cause, and pay
money awarded by the final decree rendered there in the court, to which the process is returnable or in any appellate court. And upon such bond or stipulation, summary process of execution may and shall be issued against the principal and sureties by the court to which such process is returnable to enforce the final decree so rendered, or upon appeal, by the appellate court.
In all suits in personam, where goods and chattels, or credits and effects are attached under such warrant authorizing the same, the attachment may be dissolved by order of the court to which the same warrant is returnable, upon the defendant, whose property is so attached, giving a bond or stipulation with sufficient sureties to abide by all orders, interlocutory 'or final, of the court, and pay the amount awarded by the final decree rendered in the court to which the process is returnable, or in any appellate court ; and upon such bond or stipulation, summary process of execution shall and may be issued against the principal and sureties by the court to which such warrant is returnable to enforce the final decree so rendered, or upon appeal, by the appellate court.
Bonds or stipulations in admiralty suits may be given and taken in open court, or at chambers, or before any commissioner of the court who is authorized by the court to take affidavits of bail, and depositions in cases pending before the court.
In all suits in personam, where bail is taken, the court may, upon motion for due cause shown, reduce the amount of the sum contained in the bond or stipulation therefor: and in all cases where a bond or stipulation is taken as bail, or upon dissolving an attachment of property as aforesaid, if either of the sureties shall become insolvent pending the suit, new sureties may be required by the order of the court to be given, upon motion and due proof thereof.
In suits in personam, no warrant of arrest, either of the person or property of the defendant, shall issue for a sum exceeding five hundred dollars, unless by the special order of the court upon affidavit or other proper proof showing the propriety thereof.
In all suits in rem against a ship, her tackle, sails, apparel, furniture,