APPENDIX.

I.

AMENDMENT TO RULES.

SUPREME COURT OF THE UNITED STATES.

OCTOBER TERM, 1888.

ORDER.

It is now here ordered by the court that Rule 57 of the Rules of Practice in Admiralty be, and the same is hereby, amended so as to read as follows:

57.

The said libel or petition shall be filed and the said proceedings had in any District Court of the United States in which said ship or vessel may be libelled to answer for any such embezzlement, loss, destruction, damage or injury; or, if the said ship or vessel be not libelled, then in the District Court for any district in which the said owner or owners may be sued in that behalf. When the said ship or vessel has not been libelled to answer the matters aforesaid, and suit has not been commenced against the said owner or owners, or has been commenced in a district other than that in which the said ship or vessel may be, the said proceedings may be had in the District Court of the district in which the said ship or vessel may be, and where it may be subject to the control of such court for the purposes of the case as hereinbefore provided. If the ship have already been libelled and sold, the proceeds shall represent the same for the purposes of these rules.

Promulgated April 22, 1889.

VOL. CXXX -45

SUPREME COURT OF THE UNITED STATES.

OCTOBER TERM, 1888.

ORDER.

It is now here ordered by the court that Section 2 of Rule 26 of the rules of this court be, and the same is hereby, amended so as to read as follows:

2. Ten cases only shall be considered as liable to be called on each day during the term. But on the coming in of the court on each day the entire number of such ten cases will be called, with a view to the disposition of such of them as are not to be argued.

May 13, 1889.

II.

ASSIGNMENT TO CIRCUITS.

SUPREME COURT OF THE UNITED STATES.

OCTOBER TERM, 1888.

ORDER.

It is ordered that the following allotment be made of the Chief Justice and Associate Justices of this court, among the circuits, agreeably to the act of Congress in such case made and provided, and that such allotment be entered of record, viz. :

For the First Circuit, HORACE GRAY, Associate Justice.

For the Second Circuit, SAMUEL BLATCHFORD, Associate Justice.
For the Third Circuit, JOSEPH P. BRADLEY, Associate Justice.
For the Fourth Circuit, MELVILLE W. FULLER, Chief Justice.
For the Fifth Circuit, LUCIUS Q. C. LAMAR, Associate Justice.
For the Sixth Circuit, JOHN M. HARLAN, Associate Justice.
For the Seventh Circuit, JOHN M. HARLAN, Associate Justice.
For the Eighth Circuit, SAMUEL F. Miller, Associate Justice.
For the Ninth Circuit, STEPHEN J. FIELD, Associate Justice.

May 13, 1889.

INDEX.

ACTION.

See COVENANT.

ADMIRALTY.

1. In a suit in admiralty, in rem, in a District Court, against a British
steamship, brought by the widows of five persons, to recover $5000
each, for the loss of their lives, on board of a pilot-boat, by a colli-
sion which occurred on the high seas between the two vessels, through
the negligence of the steamship, a stipulation for value was given by
the claimant of the steamship, in the sum of $25.000, to obtain her
release. The District Court dismissed the libel. It was amended by
claiming $10,000 for the loss of each life, and then the libellants
appealed to the Circuit Court, which made the same decree. The
libellants having appealed to this Court, the appellee made a motion,
under subdivision 5 of Rule 6, to dismiss the appeal for want of
jurisdiction, and united with it a motion to affirm; Held, that the
amount involved, if not the entire sum of $25,000, was, at least, the
sum of $10,000 in each case, and that the motion to dismiss must be
denied. The Alaska, 201.

2. But as there was sufficient color for the motion to dismiss to warrant
this court in entertaining the motion to affirm, the decree was affirmed,
on the ground that the appeal was taken for delay only, in view of
the decision in The Harrisburg, 119 U. S. 199, that in the absence of
an act of Congress or of a statute of a State giving a right of action
therefor, a suit in admiralty cannot be maintained in the courts of the
United States to recover damages for the death of a human being on
the high seas or on waters navigable from the sea, which was caused
by negligence. Ib.

3. The provision in Rev. Stat. § 4283, limiting the liability of the owner
of a vessel, applies to cases of personal injury and death, as well as to
cases of loss of or injury to property. Butler v. Boston and Savannah
Steamship Co., 527.

4. When proceedings have been properly begun in admiralty by the owner
of a vessel to limit his liability under Rev. Stat. § 4283, and monitions
have issued and been published, it becomes the duty of all claimants,
whether for loss of property or injury to the person, or loss of life, to
have the liability of the owner contested in that suit, and an allega-