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tion of any interested person; and he may pay out of said deposits his own and other officers' fees without an order of the

court.

By order of the court November 30, 1903, the second paragraph of Rule 5 was amended by inserting the following after the word "clerk," first found therein:

"Each party to a suit, save the United States, must prepay or secure by deposit or bond his own fees to the officers of the court, including the clerk, the liability for them as between the parties to abide the result of the suit, save, however, this is not required of one suing as, or one sued as, a poor person, if he makes oath that because of his poverty he cannot do so."

RULE 6.

The defendant in any civil action may, at any time before the trial of the same, apply for a rule on the plaintiff to give security for the payment of the costs and charges which may be adjudged against him in such action, if the plaintiff is a nonresident. Upon such rule being made absolute, the plaintiff shall comply therewith within a certain time, to be fixed in the order of the court, and on failure to do so the suit shall be dismissed upon motion.

RULE 7.

The transcript of actions removed to this court shall, in the absence of special order, be filed at the court which is nearest, measured by air line, to the courthouse from which said suit was removed. It may be filed by order of court on the first day of the term next ensuing the removal, or before that time, by either party; but if the transcript be filed before said term, no order shall be made in said case before said term, unless the

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opposing party or his counsel be present, or have notice of the motion. The opposite party shall enter his appearance on the day the transcript is filed. The plaintiff, or complainant plaintiffs in cases removed, shall elect whether said case shall be prosecuted in this court at law or in equity. This election shall be within three (3) days after the filing of the transcript at the time indicated in the bond given in the other court, or within five (5) days after he or they have notice of the filing of the transcript if filed before that time. If no election is made within said time, the clerk shall docket the case at law or in equity, as it may have been in the other court at the time of the removal. But neither this election nor docketing shall prevent the question of the jurisdiction of the court being raised for its decision; and, after such election or docketing, the cause shall proceed as if originally brought in this court; and the court shall order a translation or reformation of any pleading when necessary or proper to conform to the practice in this court.

RULE 8.

Actions at law removed to this court shall stand for trial at the first term thereafter; and actions at law brought in this court shall stand for trial at the first term beginning ten (10) days after the service of the summons.

RULE 9.

Process shall be served by the marshal or his deputy or someone specially appointed by him to do so, by delivering a true copy thereof to the person to be served; or, if he cannot be found at his usual place of abode, then to an adult person resident in the family; and in actions at law, if the summons is executed ten (10) days before the commencement of the term,

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the case shall be placed upon the docket for the first day of that term, when judgment will be rendered unless a defense is filed or further time given by the court. If the defense be a motion. or demurrer, it shall be heard and disposed of as soon as praċticable. When the defense is an answer requiring a reply or other pleading, said reply or other pleading must be filed within two days after the filing of the answer. All subsequent pleadings necessary to make an issue shall be filed within two days after the filing of the prior pleading to which it replies, and al! the pleadings shall be duly verified; and this may be required by rule.

Service of any civil process on Sunday shall be void, unless the party in whose favor it issues makes oath that he has good reason to believe the person liable thereto will depart from the district under cover of Sunday, and that service cannot otherwise be had.

Service of process may be made:

(a) Upon a partnership by service upon a member of it. (b) Upon a private corporation upon its chief officer within the district; if none, then upon its chief agent.

(c) Upon a municipal corporation upon its chief officer within the district.

Writs of attachment and execution shall be levied upon personal property by taking it into actual custody, and upon real estate by posting a copy thereof in a conspicuous place thereon, and giving to the occupant, if there be one, a copy thereof; or, if he be absent, to an adult member, if there be one, of his family. The return of the officer of a levy upon real estate shall be copied by the clerk in a book kept for that purpose.

RULE 10.

In actions at law the clerk shall issue writs of attachment

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and garnishment upon the plaintiff executing bond with sufficient security, to be approved by the clerk in double the value of his claim, conditioned to pay the defendant, or other party injured thereby, all costs and damages arising from the writ, if finally decided it was wrongfully obtained, and upon the filing by or on behalf of plaintiff of an affidavit, stating that plaintiff has a good cause of action, and that affiant has reason to believe the defendant intends to and will fraudulently part with or conceal his property before judgment can be recovered against him, so that said judgment cannot be satisfied; or that such defendant has departed the jurisdiction and has so remained, or affiant believes he intends so to remain, more than sixty days in order to defeat service of process.

RULE 11.

Property so seized shall be appraised by two housekeepers, to be chosen and sworn by the officer making the levy, the appraisement to be returned as part thereof; and any attachment or garnishment may be released by the execution of a bond with sufficient surety, to be approved by the clerk, in a sum double the appraised value or money garnisheed, conditioned for the return of the property or money, or the payment of the appraised value, in case the plaintiff recovers his judgment against the said defendant, and attachment or garnishment is not dissolved.

RULE 12.

If the officer having an execution or an attachment at law doubts if property is liable to it, he may require the plaintiff therein to execute to him a bond with sufficient surety, to be approved by him, in double its value, to be fixed by two appraisers, to be selected and sworn by him, conditioned that the

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plaintiff will pay to him all damages that he may sustain by reason of the seizure or sale thereof.

RULE 13.

Notices shall be served by the delivery of a copy thereof to the person to be notified, or, if absent from his usual place of abode, to an adult member of his family, or, if none be found there, by posting a copy thereof on the front door, the service to be by the marshal or any adult person; but if the latter, he shall make affidavit to prove service.

RULE 14.

All pleadings, exceptions, motions, and proceedings shall be in English and written plainly in ink upon one side only of good paper; but counsel will be permitted to address the court or jury in Spanish, the same being then interpreted. All motions, orders, judgments, or decrees asked for or obtained shall be drawn by the counsel asking or obtaining the same, and all agreements between them as to causes pending in court shall be in writing, and filed, or they will not be regarded.

RULE 15.

Jurats and affidavits may be made before the officers named in Equity Rule 59, adopted by the supreme court, or before the clerk of any court of record.

RULE 16.

There is vested in the clerk of this court the general power to name in all cases commissioners to take testimony, in like manner that this court or the judge thereof may do under the 67th Equity Rule prescribed by the supreme court.