construction of the act is indispensable, as the application for the removal must be made on entering the appearance in the state court; and when the defendants are numerous they may in suits, both at law and in equity, be brought into the state court at different times; and that court cannot cause the appearance then to be entered nunc pro tunc, so as to entertain the motion to remove the cause after all the defendants are brought into court. Gibson v. Johnson, 1 Pet., 44. But if all the defendants should not petition to have the cause removed into this court, so as to enable it to proceed, the cause may be remanded to the state court, so as to give it possession of the whole case. 4 Cranch, 421. An original appearance of some of the defendants cannot be entered in this court. The cause having been regularly commenced in the state court cannot be removed therefrom except in the mode prescribed by the act of congress; the appearance must first be entered in the state court, and the security then given to enter the appearance in this court; and then the state court is prohibited from proceeding any further in the cause. But until then it may proceed, and the effect might be in some cases that proceedings would be going on at the same time, in the same cause, in both courts. And this court is not authorized to take cognizance of the cause, unless removed in the manner pointed out by the act.

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CHAPTER XV.

ENFORCEMENT OF PROCESS AND DECREE-AUXILIARY PRO

CEEDINGS.

Rule 8.

Final process to execute any decree may, if the decree be solely for the payment of money, be by a writ of execution, in the form used in the circuit court in suits at common law in actions of assumpsit. If the decree be for the performance of any specific act, as, for example, for the execution of a conveyance of land or the delivering up of deeds or other documents, the decree shall, in all cases, prescribe the time within which the act shall be done, of which the defendant shall be bound, without further service, to take notice; and upon affidavit of the plaintiff, filed in the clerk's office, that the same has not been complied with within the prescribed time, the clerk shall issue a writ of attachment against the delinquent party, from which, if attached thereon, he shall not be discharged, unless upon a full compliance with the decree and the payment of all costs, or upon a special order of the court, or of a judge thereof, upon motion and affidavit, enlarging the time for the performance thereof. If the delinquent party can not be found, a writ of sequestration shall issue against his estate upon the return of non est inventus, to compel obedience to the decree.

Rule 10.

Every person, not being a party in any cause, who has obtained an order, or in whose favor an order shall have been made, shall be enabled to enforce obedience to such order by the same process as if he were a party to the cause; and every

person, not being a party in any cause, against whom obedience to any order of the court may be enforced, shall be liable to the same process for enforcing obedience to such orders as if he were a party in the cause.

Rule 89.

The circuit courts (a majority of all the judges thereof, including the justice of the Supreme Court, the circuit judges, and the district judge for the district, concurring therein) may make any other and further rules and regulations for the practice, proceedings, and process, mesne and final, in their respective districts, not inconsistent with the rules hereby prescribed, in their discretion, and from time to time alter and amend the same.

Rule 9.

When any decree or order is for the delivery or possession, upon proof made by affidavit of a demand and refusal to obey the decree or order, the party prosecuting the same shall be entitled to a writ of assistance from the clerk of the court.

Rule 31.

No demurrer or plea shall be allowed to be filed to any bill, unless upon a certificate of counsel, that in his opinion it is well founded in point of law, and supported by the affidavit of the defendant; that it is not interposed for delay; and, if a plea, that it is true in point of fact.

EQUITY PRACTICE IS ALSO AFFECTED BY THE FOLLOWING

GENERAL RULES OF PRACTICE OF THE SUPREME COURT:

Rule 3.

ENGLISH PRECEDENTS.

This court consider the practice of the Court of the King's (Queen's) Bench and of Chancery, in England, as affording outlines for the practice of this court; and they will, from time to time, make such alterations therein as circumstances may render necessary.

Rule 5.

PROCESS.

(1.) Style.

All process in this court shall be in the name of the President of the United States.

(2.) Service on State.

When process at common law or in equity shall issue against a state, the same shall be served on the governor, or chief executive magistrate, and attorney-general of such state.

(3.) When Served.

Process of subpoena issuing out of the court in any suit in equity, shall be served on the defendant sixty days before the

return day of said process; and if the defendant, on such service of the subpoena, shall not appear at the return day contained therein, the complainant shall be at liberty to proceed ex parte.

Rule 12.

EVIDENCE.

In all cases where further proof is ordered by the court, the depositions which shall be taken shall be by a commission to be issued from the court, or from any Circuit Court of the United States.

Rule 13.

OBJECTION TO EVIDENCE.

In all cases of equity and admiralty jurisdiction heard in this court, no objection shall hereafter be allowed to be taken to the admissibility of any deposition, deed, grant or other exhibit found in the record, as evidence, unless objection was taken thereto in the court below, and entered of record; but the same shall otherwise be deemed to have been admitted by consent.