Page:Federal Reporter, 1st Series, Volume 9.djvu/25

10 FEDERAL REPOSTER. �— And that the circuit and district courts shall have power to issue all wrii^ necessary for the exercise of their respective jurisdictions, and agreeable to the usages and principles of law. Section 710. There are no provisions in the statutes for execution upon decrees in equity or admiralty causes, and none for liens thereby, except that it is provided that — �♦' Judgmeats aad decrees rendered in a circuit or district court, witliin any State, shall cease to be liens on real estate or chattels real in the same manner and at like periods as judgments and decrees of the courts of such state cease. by law, to be liens thereon." Section 967. �Still, decrees in equity and in admiralty, in the circuit and district courts, become liens upon the lands of defendants therein in states where like decrees of the state courts become such liens, the same as the decrees of the state courts do. Ward v. Chamberlain, 2 Black, 430. And suits in personam in admiralty may be commenced by attachment of the property of the libellee, to be held to answer the demand. Manro v. Almeida, 10 Wheat. 473. These remedies rest upon the principles and usages which belong to such courts, and the rules of the courts respectively, and not upon any express provision of the statutes. And in giving construction to the statute prescrib- mg those principles and usages as guides of procedure, reference is io be had to the praetice of those courts in this country as gr^fted upon the English praetice. This was expressly laid down as to ad- miralty proceedings, in Manro v. Almeida. The form of the writ of execution in equity cases, upon decrees for the payment of money, has been provided by the supreme court, in equity rule 8, and no other provision is made in those rules in regard to such executions. AU the rest is left to the circuit and district courts. This court provided, by rule 11, that "the creation, continuance, and termina- tion of liens and rights created by attachment of property, or the arrest of a defendant, shall be governed by the laws of this state." This state has, and has had almost from its organization as a state, the English equity system with its jurisdiotion vested in courts of chanoery, and those courts have had the power from nearly as early a period to issue writs of attachment like the one in question, having the force and effect claimed in behalf of this one. Such writs were ■within the principles and usages belonging to those courts. Such a writ of attachment was as well settled in the jurisprudence of the state as belonging to the courts of equity, as attachments upon rdesne pro- oess were settled to belong to the courts of common law. The rules of this court are not divided into rules in equity and rules at law at ��� �