ent on the record, shall be verified by the oath of the party, or by some other person. No rehearing 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, the petition may be admitted at any time before the end of the next term of the court, in the discretion of the court.

Rule LXXXIX. - The Circuit Courts (a majority of all the judges thereof, including the justice of the Supreme Court, the circuit judges, and the district judge of the district, concurring therein) may make any other and further rules and regulations for the practice, proceedings, and process, mesne and final, in their respective districts, not inconsistent with the rules hereby prescribed, in their discretion, and from time to time alter and amend the same.

Rule XC. In all cases where the rules prescribed by this court or by the Circuit Court do not apply, the practice of the Circuit Court shall be regulated by the present practice of the High Court of Chancery in England, so far as the same may reasonably be applied consistently with the local circumstances and local convenience of the district where the court is held, not as positive rules, but as furnishing just analogies to regulate the practice.

Rule XCI. Whenever under these rules an oath is or may be required to be taken, the party may, if conscientiously scrupulous of taking an oath, in lieu thereof, make solemn affirmation to the truth of the facts stated by him.

Rule XCII. — Ordered (December Term, 1863), That in suits in equity for the foreclosure of mortgages in the Circuit Courts of the United States, or in any court of the Territories having jurisdiction of the same, a decree may be rendered for any balance that may be found due to the complainant over and above the proceeds of the sale or sales, and execution may issue for the collection of the same, as is provided in the eighth rule of this court regulating the equity practice, where the decree is solely for the payment of money.

INJUNCTIONS.

Rule XCIII. When an appeal from a final decree in an equity suit, granting or dissolving an injunction, is allowed by a justice or

judge who took part in the decision of the cause, he may in his dis. cretion, at the time of such allowance, make an order suspending or modifying the injunction during the pendency of the appeal, upon such terms as to bond or otherwise as he may consider proper for the security of the rights of the opposite party.

BILL BY STOCKHOLDER.

Rule XCIV. Every bill brought by one or more stockholders in a corporation against the corporation and other parties, founded on rights which may properly be asserted by the corporation, must be verified by oath, and must contain an allegation that the plaintiff was a shareholder at the time of the transaction of which he complains, or that his share had devolved on him since by operation of law, and that the suit is not a collusive one to confer on a court of the United States jurisdiction of a case of which it would not otherwise have cognizance. It must also set forth with particularity the efforts of the plaintiff to secure such action as he desires on the part of managing directors or trustees, and, if necessary, of the shareholders, and the causes of his failure to obtain such action.

See also the following sections of the act of June 1, 1872:

Sec. 7. That whenever notice is given of a motion for an injunction out of a Circuit or district court of the United States, the court or judge thereof may, if there appear to be danger of irreparable injury from delay, grant an order restraining the act sought to be enjoined until the decision upon the motion. Such order may be granted with or without security, in the discretion of the court or judge: Provided, That no justice of the Supreme Court shall hear or allow any application for an injunction or restraining order except within the circuit to which he is allotted, and in causes pending in the circuit to which he is allotted, or in such causes at such place outside of the circuit as the parties may in writing stipulate, except in causes where such application cannot be heard by the circuit judge of the circuit, or the district judge of the district.

Sec. 13. That when in any suit in equity, commenced in any court in the United States, to enforce any legal or equitable lien or claim against real or personal property within the district where such suit is brought, one or more of the defendants therein shall not be an

inhabitant of or found within the said district, or shall not voluntarily appear thereto, it shall be lawful for the court to make an order directing such absent defendant to appear, plead, answer, or demur to the complainant's bill at a certain day therein to be designated, which order shall be served on such absent defendant, if practicable, wherever found; or where such personal service is not practicable, such order shall be published in such a manner as the court shall direct; and in case such absent defendant shall not appear, plead, answer or demur within the time so limited, or within some further time to be allowed by the court, in its discretion, and upon proof of the service or publication of said order, and of the performance of the directions contained in the same, it shall be lawful for the court to entertain jurisdiction, and proceed to the hearing and adjudication of such suit in the same manner as if such absent defendant had been served with process within the said district; but such adjudication shall, as regards such absent defendant without appearance, affect his property within such district only.

INDEX TO EQUITY RULES.

NOTE.-The figures refer to the numbers of the rules.

when to be filed, after leave granted, 30.

when deemed abandoned, 30.

supplemental answer, when necessary, 46.

when not allowable, of course, for defect of parties, 52.
to answer, as of course, when, 60.

by leave, when, 60.

if exceptions for insufficiency allowed, 63.

Answer. (See PLEADINGS.)

courts always open for filing, when, I.

when applications for filing, grantable of course, §.
when to be filed, 18.

how compelled, 18.

costs upon, 25.

when necessary to fortify plea, 32.

answer to part, demurrer or plea to part, 32.

may insist on defenses available by plea, 39.

what it need not contain, 39.

what interrogatories need not be answered, 44.
when supplemental answer to be filed, 46.

(See SUPPLEMENTAL Pleadings.)
by nominal parties, when necessary, 54.

The figures refer to the numbers of the rules.

Answer-(Continued).

before whom to be sworn to, 59.

when amendable, 60.

exceptions to, when to be filed, 61.

when deemed sufficient, 6г.

separate answers, costs when allowed, 62.
right to amend after exceptions filed, 63.
exceptions to, hearing to be set down, 63.
(See EXCEPTIONS.)

bill to be taken pro confesso, on allowance of exceptions to, 64

right of plaintiff to full answer, how enforced, 64.

costs on determination of exceptions to, 65.

not to be recited in decree, 86.

Appeal.

suspending injunction, on appeal, 93.

Appearances.

appearance day of defendant, 17.

how made, 17.

to be entered in order book, 17.

when unnecessary by nominal parties, 54.

Applications. (See MOTIONS.)

Attachment - writ of.

proper process to compel obedience to order or decree, 7.
when proper final process, 8.

when grantable to compel answer, 18.

to compel full answer, after allowance of exceptions, 64.

B.

Bills. (See PLEADINGS, REVIVOR, Supplemental Pleadings.)
courts always open for filing, preliminary, I.

applications for filing, when grantable of course, 5.

when taken pro confesso, 18, 19.

frame and form of, 20.

introductory part of, 20.

what may be omitted from, 21.

common confederacy clause, 21.

charging clause, 21.

jurisdiction clause, 21.

prayer of, contents, 21, 23.

when necessary and proper parties may be omitted, 22.

to be signed by counsel, 24.

costs, 25.

to contain no unnecessary recitals, 26, 85.