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INDEX.

A.

Accounts, between part-owners, 273.

Acts of Congress, 279.

Admiralty,

amendments in, 286.

appeal in, 62.

"ebb and flow," as limit of jurisdiction, 256.

evidence, 227, 281.

final decree, meaning of, 75.

jurisdiction, 255.

pleadings, 285.

law, sources of, 277.

rules of decision in, 215.

writ of error, from District Court, 195.

Affreightment, 258.

Aliens, suits by, 111.

Ambassadors, cases affecting, 14.

Amendment, Eleventh, 17. (See State.)

to the Judiciary Act, 29.

Appeal, distinguished from writ of error, 61.
in patent cases, 70.

to Supreme Court, absolute right, 80.
amount of claim, 65.

parties, 68.

when it must be taken, 63.

practice in entering, 89.

(See Record, Securities, State Court.)

Appearance, voluntary, 105, 141.

Appellate Jurisdiction of Supreme Court,
in reference to State courts, 25.
grounds of, 34.

scope of, 30.

in reference to Circuit Courts, 59.

Assignees, when they may sue, 136.
on what instruments, 137.

burden of proof, 138.

B.

Bankruptcy Appeals, 88, 196.

Banks, National, where suable, 162.

Bill, leave to file, 22.

Bottomry and Respondentia Bonds, 260.

Brief printed concerning the repeal of sect. 25 of the act of Feb. 5,

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jurisdiction on account of character of the parties, 109.
enlarged, 116.

amount of claim, 123.

jurisdiction on account of subject-matter of the suit, 109.

not defeated after once attaching, 120.

criminal jurisdiction of, 99.

equity jurisdiction of, 169.

judges of, 108.

original construction of, 94.

entertains patent cases, 159.

territorial division of, 97.

(See State Courts, Process, Revenue Cases, Patent Cases, Bank-

ruptcy.)

"Citizen," meaning of, in Judiciary Act, 118.

Citizenship, averment of, 125.

how traversed, 126.

(See Corporations.)

Civil Rights, offences against, 185.

Claims, Court of, 91.

Collisions, subject to admiralty law, 268.

Commercial Law in United States courts, 206.
Commissions to take testimony, 236.

Consortship, 262.

Construction of jurisdiction given by Congress, 115.
of State statutes in United States courts, 203.

Contempt, limitations of, 181.

Contracts, maritime, 257.

to build vessel, 273.

Copies, for appeal, 190.

Copyright cases, 159.

Corporations, citizenship of, 127.

citizenship will be presumed, to give jurisdiction, 132.

habitat of, how averred, 133.

acting in different States, 134.

chartered in different States, 135.

organized under a United States law, 188.

Crimes against laws of United States, 103.
Criminal Cases, jurisdiction of, 82.

evidence in, 244.

pleadings in, 241.

Cross-examination, 232.

D.

Death of parties pendente lite, effect of, 287.
Depositions de bene esse, 234.

Diminution of Record, 90.

Diplomatic Relations, cases involving, 192.

Dismissal for want of jurisdiction, 36.

Distress Warrants, in Circuit Court, 164.
District Court, jurisdiction of, 254.

appeals from, 194.

(See Circuit Court, Admiralty, Revenue, Bankruptcy.)

Division of Opinion, how certified, 82.

must not be pro forma, 83.

recent law on, 84.

Docket, original, in Supreme Court, 23.

Documents, Production of, ordered by the court, 239.

E.

Ebb and Flow, as original limit of admiralty jurisdiction, 256.
Equity and Law, distinction between, 13.

Equity, appeal in, to Supreme Court, 62.

evidence in, 227.

final decree in, 75.

jurisprudence, 213.

service of process in, 106.

Error. (See Writ of.)

Evidence,

in admiralty, 227, 281.

in criminal cases, 244.

in equity, 227.

in prize cases, 283.

in United States courts, 226.

(See Witness and Proof.)

Ex parte injunctions.

(See Injunctions.)

F.

Fictio, in Roman Law, 130.

in common law in England, 131.

Final Decrees, in equity and admiralty appeals, 75.
Final Judgments, in appeals from Circuit Court, 74.

in Judiciary Act, 30.

Force Bill, 189.

66

Foreign State," meaning of, in the Eleventh Amendment, 18.
Forfeitures of vessels, 271.

Frauds in Naturalization, 186.

G.

General Average, in admiralty, 261.

Government Officers, summary proceedings against, may be re-
viewed in the Circuit or District Courts, 163.

Guardians and Trustees, suits by, in Circuit Court, 119.

H.

Habeas Corpus,

issued by Supreme Court in civil or criminal cases, 85.
issued by Circuit or District Court, 165.

"Highest Court,” meaning of, in Judiciary Act, 32.

Injunctions, ex parte, 171.

by a single judge, 177.

I.

in Circuit and District Courts, 172.

in patent cases, 178.

(See Restraining Order.)

Instructions to Jury, when equal to nonsuit, 222.

Insurance Policies, are subjects of admiralty jurisdiction, 261.
Intimidation of Jurors, 185.

J.

Jettison, is a subject of admiralty jurisdiction, 261.
Judicial Power of United States,

is derived from the Constitution, 5.

extent of, 14.

over State courts, 26.

Judiciary Act, and amendments, 28.

meaning of some words in, 32.

Juries, Formation of, regulated by Congress, 240.
Jurisdiction, concurrent, of State and United States courts, 245.
distribution of, in the United States courts, 6.

of States, limits of, 250.

exclusive, in United States courts, 246.

(See Supreme, Circuit, District, and State Courts, Admiralty, Equity,
Criminal Cases, Prize, Trusts.)

Jurors, Intimidation of, 185.

Jury Trials, guaranteed in criminal cases, 110.

L.

Land, claimed under conflicting grants of different States, 187.
Law and Equity, distinction between, 13.

enforced in Supreme Court, 21.

Limitations, Statute of, does not strictly apply in admiralty, 280.

M.

Mandamus, Writ of, issued by Circuit Court only to enforce its own

jurisdiction, 168.

Mariners' Wages are subjects of admiralty jurisdiction, 259.

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