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domination of the political party with which he was associated for governor of Maryland. The last public office wbich be discharged was that of a member in what was known as the Peace Conference, a convention assembled just before the outbreak of the rebellion. For the ten years preceding his death, Mr. Howard lived quietly among his friends and books, his winters being spent at bis town residence on North Charles Street, and his summers at his country retreat, “Roslyn,” which handsome estate had been in bis family for nearly two hundred years. He died witb entire composure; leaving in the community with which his name and family were so creditably identified, the recollection of a well-bred and honorable gentleman, of genial nature and of social and agreeable dispositions.

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Mr. Justice NELSON heard no cases in this volume, having been detained at home by indisposition.

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All motions to dismiss appeals and writs of error, except motions to docket and dismiss under the ninth role, must be submitted in the first instance on printed briefs or arguments. If the court desires further argument on that subject it will be ordered in connection with the bearing on the merits. The party moving to dismiss sball serve notice of the motion, with a copy of his brief or argument, on the counsel for plaintiff in error or appellant of record in this court, at least three weeks before the time fixed for submitting tbe motion, in all cases except where the counsel to be notified resides west of the Rocky Mountains, in which case the notice sball be at least thirty days.

Affidavit of the deposit in the mail of the notice and brief to the proper address of the counsel to be served, duly post-paid, at such time as to reach him by due course of mail, the tbree weeks or thirty days before the time fixed by the notice, will be regarded as primâ facie evidence of service on counsel who reside without the District of Columbia. On proof of such service, the motion will be considered, unless for satisfactory reasons further time be given by the court to either party.


If the complainant, in his bill, shall waive an answer under oath, or sball only require an answer under oath with regard to certain specified interrogatories, the answer of the defendant, though under oath, except such part thereof as shall be directly responsive to such interrogatories, sball not be evidence in his

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favor, unless the cause be set down for hearing on bill and an. strer only; but may nevertheless be used as an affidavit, will the same effect as leretofore, on a motion 10 grant or dissolve an injunction, or on any other incidental motion in the cause; but this shall not prevent a defendant from becoming a witness in his own behalf under Section 3 of the act of Congress of July 2d, 1864.


act of March 3d, 1851, entitled “An act to limit the liability of ship-owners, and for other purposes."*

54. When any ship or vessel shall be libelled, or the owner or owners thereof sball be sued, for any embezzlement, loss, or de. struction by the master, officers, mariners, passengers, or any other person or persons, of any property, goods, or merchandise, shipped or put on board of such ship or vessel, or for any loss, damage, or injury by collision, or for any act, matter, or ibing, loss, damage, or forfeiture done, occasioned, or incurred without the privity or knowledge of such owner or owners, and he or they sball desire to claim the benefit of limitation of liability provided for in the third and fourth sections of the said act above recited, the said owner or owners shall and may file u libel or petition in the proper District Court of the United States, as hereinafter specified, setting forth the facts and cir. cumstances on which such limitation of liability is claimed, and praying proper relief in tbat behalf; and thereupon said court, having caused due appraisement to be had of the amount or value of the interest of said owner or owners, respectively, in such sbip or vessel, and her freight for the voyage, shall make an order for the payment of the same into court, or for the giving of a stipulation with pureties for payment tbereof into court whenever the same shall be ordered; or, if the said owner or owners sball so elect, the said court sball, without such appraisement, make an order for the transfer by him or them of his or their interest in such vessel and freigiit, to a trustee to be appointed by the court under the fourth section of said act; and upon compliance with such order, tbe said court shall issue a monition against all persons claiming damages for any such

* See infra, p. 125.

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embezzlement, loss, destruction, damage, or injury, citing them
to appear before the said court and make duo proof of their
respective claims at or before a certain time to be named in said
writ, not less than thrve months from the issuing of the same;
and public notice of such monition shall be given as in other
cases, and such further notice served through the post-office, or
otherwise, as the court, in its discretion, may direct; and the
said court shall, also, on the application of the said owner or
owners, make an order to restrain the further prosecution of all
and any suit or suits against said owner or owners in respect
of any such claim or claims.

55. Proof of all claims which shall be presented in pursuance
of said monition, shall be made before a commissioner to be des-
ignated by the court, subject to the right of any person inter-
ested, to question or controvert the same; and, upon the com-
pletion of said proofs, the commissioner shall make report of
tho claims so proven, and upon confirmation of said report, after
bearing any exceptions thereto, the moneys paid or secured to
be paid into court as aforesaid, or the proceeds of said ship or
vessel and freight (after payment of costs and expenses), sball
be divided pro rata amongst the several claimants in proportion
to the amount of their respectivo claims, duly proved and con-
firmed as aforesaid, saving, however, to all parties any priority
to which they may be legally entitled.

56. In the proceedings aforesaid, the said owner or owners shall be at liberty to contest his or their liability, or the liability of said ship or vessel for said embezzlement, loss, destruction, damage, or injury (independently of the limitation of liability claimed under said act), provided that in his or their libel or petition, be or they shall state the facts and circumstances by reason of wbich exemption from liability is claimed; and any person or persons claiming damages as aforesaid, and who shall have presented bis or their claim to the commissioner under oath, shall and may answer such libel or petition, and contest the right of the owner or owners of said sbip or vessel, either to an exemption from liability, or to a limitation of liability under tbe said act of Congress, or both.

57. The said libel or petition shall be filed and the said proceedings had in any District Court of the United States in wbich said ship or vessel may be libelled to answer for any such em. bezzlement, loss, destruction, damage, or injury; or, if the said ship or vessel be not libelled, then in the District Court for any

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