"The equity procedure of the Federal courts, is independent of that in the state courts. The Federal courts in this branch of their jurisdiction, have their own rules and practice. These rules are in accordance with the practice in equity that prevailed at the time of the adoption of the Federal Constitution as modified by a code of rules laid down by the Supreme Court of the United States under authority of law, together with certain rules of the lower Federal courts regulating details of their own procedure." 4

This subject is covered by Sections 913 and 917 of the Revised Statutes, which provide:

"The forms of mesne process and the forms and modes of proceeding in suits of equity and of admiralty and maritime jurisdiction in the circuit and district courts shall be according to the principles, rules and usages which belong to courts of equity and of admiralty respectively, except when it is otherwise provided by statute or by rules of courts made in pursuance thereof, but the same shall be subject to alteration and addition by the said courts, respectively, and to regulation by the Supreme Court, by rules prescribed, from time to time, to any circuit or district courts, not inconsistent with the laws of the United States."

"The Supreme Court shall have power to prescribe, from time to time, and in any manner not inconsistent with any law of the United States, the forms of writs and other process, the modes of framing and filing proceedings and pleadings, of taking and obtaining evidence, of obtaining discovery, of proceeding to obtain relief, or drawing up, entering, and enrolling decrees, and of proceeding before trustees appointed by the court, and generally to regulate the whole practice to be used in suits in equity or admiralty, by the circuit and district courts."

4 Hughes on Federal Procedure, Sec. 154.

In 1842 the Supreme Court adopted a code of ninety-two rules of procedure.5 Of these ninety-one are now in force, and three new additional ones have been adopted. The right of Congress to authorize the adoption of these rules has been upheld by the Supreme Court.6 Such rules can only regulate procedure - they cannot affect the jurisdiction of the various Federal courts.7

The forms of bills in equity have been much simplified but such bills must show both the jurisdiction of the court as a Federal court and the jurisdiction of the court as an equity court, and must be signed by counsel as a pledge of good faith.

"The general limits of the equitable jurisdiction of the Federal courts are those that prevailed in the High Court of Chancery in England at the time of the adoption of the Constitution of the United States."

5 1 Howard, XLI.

6 Wayman vs. Southard, 10 Wheat, 1.

7 The St. Lawrence, 1 Black., 522.