ADMIRALTY 'ROCEDURE. Procedure in admi ralty was founded upon the civil In Av and corre sponds in many particulars to the equity system. It was much more simple and expeditious than the procedure of the common-law courts. It was adapted to proceedings either in or in Per sonain, and, indeed. both forms of remedy might be sought and obtained in a single proceeding.
The first step in an admiralty proceeding was the filing of the libel, which, like the bill in equity, was both the plaintiff's or libellant's first pleading and a petition to the admiralty court to issue its writ or process, which was executed by an officer of the court by personally serving it upon the respondent in case the proceeding was in personuin, or by taking possession of the prop erty in case the proceeding was in rem. As in equity practice, the libellant might compel the defendant to give discovery (see PLEADING ) , by annexing interrogatories to his libel. If the re spondent failed to appear the libel was taken pro confesso upon the default, and an appropriate decree was rendered. Upon the appearance of the respondent, lie might either except to the libel or tile his answer. The exception might be per emptory, when it, was in substance like a demurrer to the substance of the libel; or it niOit be dilatory, when it was in effect like a demurrer to the form of the libel or a motion to strike wit irrelevant or scandalous matter. The effect of the peremptory exception, if sustained. was the
dismissal of the bill; otherwise the respondent was required to answer. In the case of dilatory exception. if sustained, the libellant was required to correct his libel by amendment so that it was formally correct, otherwise the respondent was required to answer. The answer might. set up any matter of defense or an independent claim against the libellant, when the answer was called a cross libel. No attempt was made to reduce the matter in dispute to a single issue as in the pleadings at common law. As in equity, all evidence was usually taken before a eommissioner or corresponding officer of the court and then submitted to the court ; and, as in equity, the judgment of the court might lie embodied in an interlocutory decree followed by a final decree.
Incidental relief might he granted during time progress of the litigation upon petition, if the application was cx inirtr, or by motion, when notice was given to the other litigants. Thus the court might authorize the sale of perishable goods and the appropriation of the proceeds as directed by the final decree, or it might authorize the return of property from the litigation upon the filing of a proper bond.
Admiralty procedure has undergone hut slight modification; and that, as in equity, has been effected for the most part by rules of court.