vernor, or Chief Executive Magistrate, and Attorney General of such State. Ordered, That process of subpoena, issuing out of this Court, in any suit in Equity, shall be served on the defendant sixty days before the return day of the said process; and further, that 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. XI.-FEBRUARY 13, 1797. It is ordered by the Court, that the Clerk of the Court to which any writ of error shall be directed may make return of the same, by transmitting a true copy of the record, and of all proceedings in the cause, under his hand and the seal of the Court. (See Rule 31.) XII.-AUGUST 7, 1797. It is ordered by the Court, that no record of the Court be suffered by the Clerk to be taken out of his office but by the consent of the Court; otherwise, to be responsible for it. (See Rule 35.) XIII.-AUGUST 15, 1800. IN THE CASE OF COURSE US. STEAD'S EXECUTORS. Ordered, That the plaintiff in error be at liberty to show, to the satisfaction of this Court, that the matter in dispute exceeds the sum or value of two thousand dollars, exclusive of costs; thisto be made appear by affidavit, on to opposite party, or their Counsel in Georgia. Rule as to affidavits to be mutual. XIV.-AUGUST 12, 1801. days' notice Ordered, That Cousellors may be admitted as Attorneys in this Court on taking the usual oath. (See Rule 3.) XV.-DECEMBER 9, 1801. It is ordered, That in every case where the defendant in error fails to appear, the plaintiff may proceed ex parte. (See Rules 19 and 30.) XVI.-FEBRUARY TERM, 1803. It is ordered, That where the writ of error issues within thirty days before the meeting of the Court, the defendant in error is at liberty to enter his appearance, and proceed to trial; otherwise, the cause must be continued. (See Rules 19 and 30.) XVII. FEBRUARY TERM, 1803. In all cases where a writ of error shall delay the proceedings on the judgment of the Circuit Court, and shall appear to have been sued out merely for delay, damages shall be awarded, at the rate of ten per centum per annum on the amount of the judgment. (See Rule 20.) XVIII. FEBRUARY TERM, 1803. In such cases, where there exists a real controversy, the damages shall only be at the rate of six per centum per annum. In both cases the interest is to be computed as part of the damages. (See Rule 20.) XIX.-FEBRUARY TERM, 1805. All causes, the records in which shall be delivered to the Clerk on or before the sixth day of a term, shall be considered as for trial in the course of that term. Where the record shall be delivered after the sixth day of the term, either party will be entitled to a continuance. In all cases where a writ of error shall be a supersedeas to a judgment rendered in any Circuit Court of the United States, except that for the District of Columbia, at least thirty days previous to the commencement of any term of this Court, it shall be the duty of the plaintiff in error to lodge a copy of the record with the Clerk of this Court within the first six days of the term; and if he shall fail so to do, the defendant in error shall be permitted afterwards to lodge a copy of the record with the Clerk, and the cause shall stand for trial in like manner as if the record had come up within the first six days; or he may, on producing a certificate from the Clerk stating the cause, and that a writ of error has been sued out, which operates as a supersedeas to the judgment, have the said writ of error docketed and dismissed. This rule shall apply to all judgments rendered by the Court for the District of Columbia at any time prior to a session of this Court. In cases not put to issue at the August term, it shall be the duty of the plaintiff in error, if errors shall not have been assigned in the Court below, to assign them in this Court at the commencement of the term, or so soon thereafter as the record shall be filed with the Clerk, and the cause placed on the docket; and if he shall fail so to do, and shall also fail to assign them when the cause shall be called for trial, the writ of error may be dismissed at his costs; and if the defendant shall refuse to plead to issue, and the cause shall be called for trial, the court may proceed to hear an argument on the part of the plaintiff, and to give judgment according to the right of the cause; and that where there is no appearance for the plaintiff in error, the defendant may have the plaintiff called, and dismiss the writ of error; or may open the record, and pray for an affirmance. In such a case costs go of course. Montalet vs. Murray. (See Rules 30 and 43.) XX.-FEBRUARY TERM, 1807. It is ordered, That where damages are given by the rule passed in February term, 1803, the said damages shall be calculated to the day of the affirmance of the judgment in this Court. (See Rules 17 and 18.) 1st. XXI.-FEBRUARY TERM, 1808. Ordered, That all parties of this Court, not being residents of the United States, shall give security for the costs accruing in this Court, to be entered on the record. 2d. Ordered, That upon the Clerk of this Court producing satisfactory evidence, by affidavit, or the acknowledgment of the parties or their sureties, of having served a copy of the bill of costs due them respectively, in this Court, on such parties or their sureties, an attachment shall issue against such parties or sureties respectively, to compel payment of said costs. XXII.-FEBRUARY TERM, 1810. Ordered, That upon the reversal of a judgment or decree of the Circuit Court, the party in whose favour the reversal is shall recover his costs in the Circuit Court. XXIII. FEBRUARY TERM, 1812. It is ordered, That only two Counsel be permitted to argue for each party, plaintiff and defendant, in a cause. XXIV.-FEBRUARY TERM, 1812. There having been two Associate Justices of the Court appointed since its last session, It is ordered, that the following allotment be made of the Chief Justice and the Associate Justices of the said Supreme Court, among the circuits, agreeably to the act of Congress in such case made and provided; and that such allotment be entered on record, viz.: For the first circuit-the Hon. JOSEPH STORY. *For the second circuit-the Hon. BROCKHOLST LIVINGSTON. XXV.-FEBRUARY TERM, 1816. It is ordered by the Court, That 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 this Court, or from any Circuit Court of the United States. (See Rule 27.) *The Honourable SMITH THOMPSON having been appointed Associate Justice of the Supreme Court, in the place of the Honourable BROCKHOLST LIVINGSTON, deceased, the President of the United States assigned to him the second circuit, by an instrument dated the A. D. one thousand eight hundred and twenty-three. day of Whenever it shall be necessary or proper, in the opinion of the presiding judge in any Circuit Court, or District Court exercising Circuit Court jurisdiction, that original papers of any kind should be inspected in the Supreme Court, upon appeal, such presiding judge may make such rule or order for the safe keeping, transporting, and return of such original papers, as to him may seem proper; and this Court will receive and consider such original papers in connection with the transcript of the proceedings. XXVII.-FEBRUARY TERM, 1817. In all cases of admiralty and maritime jurisdiction, where new evidence shall be admissible in this Court, the evidence by testimony of witnesses shall be taken under a commission to be issued from this Court, or from any Circuit Court of the United States, under the direction of any judge thereof; and no such commission shall issue but upon interrogatories to be filed by the party applying for the commission, and notice to the opposite. party or his agent or attorney, accompanied with a copy of the interrogatories so filed, to file cross interrogatories within twenty days from the service of such notice: Provided, however, that nothing in this rule shall prevent any party from giving oral testimony in open court in cases where, by law, it is admissible. (See Rule 25.) XXVIII.-FEBRUARY TERM, 1821. Whenever, pending a writ of error or appeal in this Court either party shall die, the proper representatives in the personalty or realty of the deceased party, according to the nature of the case, may voluntarily come in and be admitted parties to the suit, and thereupon the cause shall be heard and determined as in other cases; and if such representatives shall not voluntarily become parties, then the other party may suggest the death on the record, and thereupon, on motion, obtain an order, that unless such representatives shall become parties within the first ten E |