RULE 32. AMENDMENT AFTER EXCEPTION SUBMITTED TO OR ALLOWED If the exceptions to the answer are submitted to or allowed after hearing, the party shall amend his pleading within 10 days or such further time as the court shall direct or as may be agreed upon, and if he does not do so, his default may be taken. RULE 33. ANSWERS TO INTERROGATORIES EXCEPTIONS TO Answers to interrogatories shall, in all respects, be subject to the provisions of the rules in relation to exceptions; and, if the libellant making answers shall not perfect the same after exception allowed, the libel shall be dismissed for want of prosecution. But this rule shall not, in any case be deemed to require answers to interrogatories on the part of the United States, in suits brought in its behalf. RULE 34. HEARING OF EXCEPTIONS Exceptions to any pleadings or interrogatories may be summarily set for hearing by either party on giving two days' notice to the attorneys of the adverse party. Such hearings shall be noted for a Monday, unless the court, for some special reason, sets the hearing on some other day. RULE 35. EXAMINATION AND DISCOVERY BEFORE TRIAL Examination and discovery before trial shall be in accordance with Supreme Court Admiralty Rules 31 to 32c inclusive. RULE 36. SET-OFF, IN COLLISION-CROSS-LIBEL In suits in rem in collision cases, if the colliding vessel on behalf of which the libel is brought be wholly lost so that no crosslibel against her could be maintained, the defendant, if he shall desire to recoup or off-set any damage to his own vessel in case it shall be determined on the trial that the collision occurred through the fault of both vessels, must in his answer state the facts, and his own damages, in like manner as upon filing a cross-libel; and such statement of damage shall be without prejudice to any defense he may make that the collision was wholly the fault of the other vessel. RULE 37. COMMISSIONERS' REPORTS AND FEES Reports of Commissioners, Assessors, and adjusters, in all matters referred by the court, shall be filed by such officers with the clerk and notice thereof be promptly given to all proctors appearing of record. If prior to such filing the fees of such officers have not been paid (after due demand), that fact shall be certified to the court by endorsement on the report. At the instance of any party, the fees of such officers may be taxed by the clerk. RULE 38. COMMISSIONERS' REPORTS CONFIRMATION OF Exceptions to the reports of commissioners, assessors or adjusters shall be filed within five days after service of notice of filing of the report, in default of which the report may be confirmed at the instance of any party by order entered without notice, but upon proof of service of notice of filing the report and default in filing exceptions. RULE 39. PREPARATION OF DECREES, FINDINGS, ETC. Decrees, findings and conclusions in admiralty shall be prepared, served and presented in the manner prescribed by Rule 7 of this court. All rules of court affecting the matter of the taxation of costs in civil actions shall apply to admiralty proceedings. RULE 40. EXECUTION AGAINST STIPULATORS If any final decree shall remain unsatisfied for ten days after the entry thereof and notice to the proctor of the party against whom it shall be rendered, it shall be of course to enter an order (or order may be embodied in said decree) that the sureties of such party cause the engagement of their stipulation to be performed, or show cause within 4 days why execution should not issue against them, their lands, goods and chattels, according to their stipulation; and, if no cause be shown within the time limited, due service having been made on the proctor of the party, if there be any, a summary decree shall be rendered against them on their stipulations, and execution issue; but the same shall be discharged on the performance of the decree and payment of all costs and clerk's charges. RULE 41. DECREE OR JUDGMENT, SATISFACTION BY PAYMENT INTO COURT Whenever, after judgment or decree for a sum certain, and before execution issues thereon, any party shall pay into court the amount thereof, with interest and costs; or whenever the marshal (or the proper officer) shall return process of execution fully executed, and shall pay the amount into court, the clerk shall forthwith, and without other authorization, enter satisfaction of record on such judgment or decree, at the charge of the party in whose favor such judgment or decree may be rendered. RULE 42. DISCOVERY AFTER EXECUTION If any execution against property shall be returned wholly or partly unsatisfied, the execution plaintiff may obtain ex parte an order for the examination of the execution defendant and of such other persons as witnesses as he may show to be material. The depositions of the persons ordered to appear shall be taken before a judge, or a commissioner named in the order, and if on consideration of the evidence it is deemed proper by the court, further proceedings for the discovery of assets to satisfy the execution may be taken in accordance, as nearly as may be, with the practice of courts of equity in respect of bills of discovery. RULE 43. JUDICIAL SALE, RETURN OF BY MARSHAL When any moneys shall come to the hands of the marshal under or by virtue of any order or process of the court, he shall forthwith pay over the gross amount thereof to the clerk, with a bill of his charges thereon and a statement of the time of the receipt of the moneys by him; and upon the filing of such statement, and the taxation of such charges, the same shall be paid to the marshal out of such moneys; and an account of all property sold under the order or decree of this court shall be returned by the marshal and filed in the clerk's office, with the execution or other process under which the sale was made. RULE 44. CLAIMS AFTER SALE - HOW LIMITED In proceedings in rem, after a sale of the property under a final decree, claims upon the proceeds of sale, except for seaman's wages, will not be admitted in behalf of lienors filing libels or petitions after the sale to the prejudice of lienors under libels filed before the sale, but shall be limited to the remnants and surplus. RULE 45. CLERK, AUTHORITY, OUT OF COURT The clerk is authorized to tax or certify bills of cost, and also take acknowledgments of the satisfaction of judgments, and all affidavits and oaths out of court, as in open court, in all cases where the same are not required by law to be taken in open court. RULE 46. PETTY SUITS, SUMMARY PROCEEDINGS In causes wherein the matter in demand does not exceed one hundred dollars, the proceedings for recovery thereof may be summary. The monition, or citation, or attachment in such suit may be made returnable at any session of court held not less than three days after service thereof. RULE 47. WAGES, SUITS, LESS THAN $50 In suits in personam for wages, where the amount sworn to be due in the libel is less than fifty dollars, the clerk shall not issue process without the usual stipulation for costs, unless the libel be accompanied by satisfactory proof that the respondent is about to leave the territory; or by an allocatur of a judge, or by a certificate of a United States Commissioner, that upon due service of a summons to the respondent to appear before him, sufficient cause of complaint whereon to found process appeared. Such summons shall be served at least one day previous to the day of hearing therein mentioned, and if it shall appear, on the hearing, to the satisfaction of the commissioner, that the wages claimed have been paid or forfeited, he shall refuse the certificate. And if a reasonable offer of compromise shall be made on such hearing, by either party, and be rejected by the other, the commissioner shall add a certificate of such fact, and, in case of final recovery by the party rejecting such offer, he shall recover no costs. No costs shall be taxed for the proceedings, unless the commissioner shall certify that a demand of wages was made by the seamen a reasonable time previous to taking out the summons. No costs shall be taxed for fees of marshal, clerk or witness of such proceedings, unless by special mandate of the judge, subpoena or attachment is issued to compel the attendance of witnesses. The commissioner's fees for his services thereon shall not exceed one dollar for a single sitting and every adjournment granted shall be at the expense of the party obtaining it; if, however, it is required by the parties that the commissioner take down in writing the testimony heard on the summons, he shall be allowed therefore the customary fees for like services. Proof so taken in writing may be used by either party, on the hearing in court, in case the suit is further prosecuted. RULE 48. PETITIONS IN LIMITATION OF LIABILITY, Petitions or libels to limit liability must state: (1) The facts showing that the application is properly made in this district. (2) The voyage on which the demands sought to be limited arose, with the date and place of its termination; the amount of all demands including all unsatisfied liens or claims of liens, on contract or in tort, arising on that voyage, so far as known to the petitioners, and what suits, if any, are pending thereon; whether the vessel was damaged, lost, or abandoned, and if so, when and where; the value of the vessel at the close of the voyage, or in case of wreck, the value of her wreckage, stripping or proceeds, if any, as nearly as the petitioners can ascertain, and where and in whose possession they are; also the amount of any pending freight, recovered or recoverable. If any of the above particulars are not fully known to the petitioner, a statement of such particulars according to the best knowledge, information and belief of the petitioner, shall be sufficient. RULE 49. PRIOR LIENS, WHEN TO BE STATED IN PETITION If a surrender of the vessel is offered to be made to a trustee, the libel or petition must further show any prior, paramount lien on the vessel, and what voyage or trips, if any, she has made since the voyage or trip on which the claims sought to be limited arose, and any existing liens, arising upon any such subsequent voyage or trip, with the amounts and causes thereof, and the names and addresses of the lienors, so far as known, also the special facts on which the right to surrender the vessel is claimed, notwithstanding such subsequent trip or voyage, and whether the vessel sustained any injury upon, or by reason of such subsequent voyage or trip. Upon surrender of the vessel, no final decree exempting from liability will be made until all such liens as may be admitted or proved, prior to such final decree, to be superior to the liens of the claims limited shall be paid or secured independently of the property surrendered, as may be ordered by the court; and the monition in cases of surrender shall cite all persons having any claim upon the vessel to appear on the return day or be defaulted as in ordinary process in rem. RULE 50. CREDITORS AND LIENORS, WHEN TO BE STATED IN PETITION If, instead of a surrender of the vessel, an appraisement thereof be sought for the purpose of giving a stipulation for value, the |