Rule 71. Form of decree. In drawing up decrees and orders, neither the bill, nor answer, nor other pleadings nor any part thereof, nor the report of any master, nor any other prior proceeding, shall be recited or stated in the decree or order; but the decree and order shall begin, in substance, as follows: "This cause came on to be heard (or to be further heard, as the case may be) at this term, and was argued by counsel; and thereupon, upon consideration thereof, it was ordered, adjudged and decreed as follows, viz:" (Here insert the decree or order.)

Rule 10. Decree for deficiency in foreclosures, etc. In suits for the foreclosure of mortgages, or the enforcement of other liens, a decree may be rendered for any balance that may be found due to the plaintiff over and above the proceeds of the sale or sales, and execution may issue for the collection of the same as is provided in Rule 8 when the decree is solely for the payment of money.

§ 116. Decree pro confesso. Rule 12 provides that "At the bottom of the subpoena shall be placed a memorandum, that the defendant is required to file his answer or other defense in the clerk's office on or before the twentieth day after service, excluding the day thereof; otherwise the bill may be taken pro confesso." And by Rule 16 it is provided that "It shall be the duty of the defendant, unless the time shall be enlarged, for cause shown, by a judge of the court, to file his answer or other defense to the bill in the clerk's office within the time named in the subpoena as required by Rule 12. In default thereof the plaintiff may, at his election, take an order as of course that the bill be taken pro confesso; and thereupon the cause shall be proceeded in ex parte.'

Rule 17 provides that "When the bill is taken pro confesso the court may proceed to a final decree at any time

after the expiration of thirty days after the entry of the order pro confesso, and such decree shall be deemed absolute, unless the court shall, at the same term, set aside the same, or enlarge the time for filing the answer, upon cause shown upon motion and affidavit. No such motion shall be granted, unless upon the payment of the costs of the plaintiff up to that time, or such part thereof as the court shall deem reasonable, and unless the defendant shall undertake to file his answer within such time as the court shall direct, and submit to such other terms as the court shall direct for the purpose of speeding the cause."

Rule 29 contains a provision that "If the defendant move to dismiss the bill or any part thereof, the motion may be set down for hearing by either party upon five days' notice, and, if it be denied, answer shall be filed within five days thereafter or a decree pro confesso entered.

§ 117. Enforcement of decree. The subject of the enforcement of decrees is covered by Rule 8, as follows:

Rule 8. Enforcement of final decrees. 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 district 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 a judge thereof, upon motion and affidavit, enlarging the time for the performance thereof. If the delinquent party cannot be found a writ of sequestration shall issue against his estate, upon the return of non est inventus, to compel obedience to the decree. If a mandatory order, injunction or decree for the specific performance of any act or contract be not complied with, the court or a judge, besides, or instead of, proceedings against the disobedient party for a contempt or by sequestration, may by order direct that the act required to be done be done, so far as practicable, by some other person appointed by the court or judge, at the cost of the disobedient party, and the act, when so done, shall have like effect as if done by him.

CHAPTER XII

THE FEDERAL REPORTS AND STATUTES

§ 118. Supreme Court reports.

§ 119. Reports of inferior courts.

§ 120. Federal statutes.

§ 118. Supreme Court reports. The decisions of the Supreme Court are reported by the official reporter of the court. The first 90 volumes are known by the names of the reporters, but beginning with volume 91 the reports are known as the "United States Reports." The list of reports is as follows:

United States Reports, 91-105 (Otto)...... 1875-1882
United States Reports 108-186 (Davis).... 1882-1902
United States Reports, 187-

17

79

(Butler).. 1903

There are two regular editions of the Supreme Court reports, the official edition, as set out above, in which each volume is bound separately, and the edition prepared by Justices Curtis and Miller in which several volumes are bound in a single book. This series was begun by Justice

1-The reports of the decisions of the Supreme Court actually begin with 2 Dallas, no decisions of that court being found in the first vol

ume. However, all four volumes of Dallas are counted in making up ninety volumes through Wallace's Reports.

Curtis, who published the first 58 volumes of the Supreme Court reports in 22 books.

Justice Miller continued the series by the publication of 9 volumes (18 Howard-2 Black) in 4 books. This series omits the arguments of counsel, but for general use is the best edition of the volumes included in it to be had.

Besides the above editions, there is the edition known as the Lawyers Co-Operative Edition of the United States Reports, beginning with volume one and continuing the current volumes, four volumes being included in one book. Also, beginning with volume 106, the decisions of the Supreme Court are reported in the Supreme Court Reporter, a part of the National Reporter System, one volume of the Reporter covering the decisions of the court for one year.

§ 119. Reports of inferior courts. The decisions of the inferior federal courts have never been officially reported. A considerable number (159) of volumes of the decisions of the district and circuit courts have been published by private enterprise and are known by the names of the reporters or judges. The list of such reports is as follows: