first day of August next; but they may be previously adopted by any Circuit Court in its discretion; and when, and as soon as these rules shall so take effect and be of force, the rules of practice for the Circuit Courts in equity suits, promulgated and prescribed by this Court in March, 1822, shall henceforth cease, and be of no further force or effect. And the clerk of this Court is directed to have these rules printed, and to transmit a printed copy thereof, duly certified, to the clerks of the several Courts of the United States, and to each of the judges thereof.

ADDITIONAL RULES.

ADOPTED OCT. 20, 1843.

93.

If the defendant appears, the complainant shall serve him with a copy of the bill, if required, within twenty days after receiving notice of such appearance; and after such appearance, the party filing any pleading or proceeding in the cause, whether plaintiff or defendant, shall, on or before the day limited for filing the same, serve a copy thereof on the opposite party, or his attorney.

94.

The clerk shall require of all non-residents of this district an endorser for costs. The following form upon the writ may substantially be pursued: "I (A. B.) acknowledge myself security for all costs for which the plaintiff may be liable in this suit."

95.

The clerk, or any judge, notary public, clerk of any court of record, or justice of the peace, resident in this district, may administer any oath necessary to carry into effect these rules.

F

96.

In a bill for foreclosure or satisfaction of a mortgage, it shall not be necessary or allowable to set out at length the rights and interests of the several defendants who are purchasers of, or who have liens on, the equity of redemption in the mortgaged premises, subsequent to the registry or recording of the complainant's mortgage, and who claim no right in opposition thereto; but it shall be sufficient for the complainant, after setting out his own right and interest in the premises, to state generally that such defendants have, or claim, some interest in the premises, as subsequent purchasers, or incumbrancers, or otherwise; and if any such defendants are, by the misstatements of the complainant in his bill, or otherwise, unnecessarily compelled to put in an answer to protect their rights, the costs occasioned thereby may, in the discretion of the Court, be charged on the complainant personally; and if such defendants unnecessarily put in answer to such bill, the extra costs occasioned by such answer may be charged on the defendants personally, in the discretion of the Court.

97.

When a creditor, by judgment or decree files a bill in this Court against his debtor, to obtain satisfaction out of the equitable interests, things in action, or other property of the latter, after the return of an execution unsatisfied, he shall state in such bill the true sum actually and equitably due on such judgment or decree, over and above all just claims of the defendant by way of set off or otherwise. The bill shall likewise contain an allegation that the same is not exhibited by collusion with the defendant, or for the purpose of protecting the property or effects of the debtor, against the claims of other creditors, but for the sole purpose of compelling payment and satisfaction of complainant's own debt.