United States, Supreme Gust

REPORTS

OF

CASES ARGUED AND ADJUDGED

IN

THE SUPREME COURT

OF

THE UNITED STATES.

JANUARY TERM, 1850.

BY BENJAMIN C. HOWARD,

COUNSELLOR AT LAW AND REPORTER OF THE DECISIONS OF THE SUPREME COURT
OF THE UNITED STATES.

VOL. VIII.

BOSTON:

CHARLES C. LITTLE AND JAMES BROWN.

Law Publishers and Booksellers.

1850.

Lang RR

KI
101

ALIZ

v.45;

Entered according to Act of Congress, in the year 1850, by

CHARLES C. LITTLE AND JAMES BROWN, in the Clerk's Office of the District Court of the District of Massachusetts.

CAMBRIDGE:
STEREOTYPED BY METCALF AND COMPANY,

PRINTERS TO THE UNIVERSITY.

REPRINTED IN TAIWAN

SUPREME COURT OF THE UNITED STATES.

HON. ROGER B. TANEY, Chief Justice.
HON. JOHN MCLEAN, Associate Justice.
HON. JAMES M. WAYNE, Associate Justice.
HON. JOHN CATRON, Associate Justice.
HON. JOHN MCKINLEY,* Associate Justice.
HON. PETER V. DANIEL, Associate Justice.
HON. SAMUEL NELSON, Associate Justice.
HON. LEVI WOODBURY, Associate Justice.
HON. ROBERT C. GRIER, Associate Justice.

REVERDY JOHNSON, Esq., Attorney-General.

WILLIAM THOMAS CARROLL, Esq., Clerk.

BENJAMIN C. HOWARD, ESQ., Reporter.

RICHARD WALLACH, ESQ., Marshal.

*Mr. Justice McKinley was prevented, by indisposition, from attending the court during this term.

a*

RULES OF COURT.

No. 53.

Note by the Reporter. As the dissent of Mr. Justice Wayne from this rule was inadvertently omitted in the publication of it in the preceding volume, it is now reprinted.

ORDERED, that no counsel will be permitted to speak, in the argument of any case in this court, more than two hours, without the special leave of the court, granted before the argument begins.

Counsel will not be heard, unless a printed abstract of the case be first filed, together with the points intended to be made, and the authorities intended to be cited in support of them arranged under the respective points. And no other book or case can be referred to in the argument.

If one of the parties omits to file such a statement, he cannot be heard, and the case will be heard ex parte, upon the argument of the party by whom the statement is filed.

This rule to take effect on the first day of December Term, 1849.

Mr. Justice WAYNE dissents from this rule.
WOODBURY, J., does not concur in this rule.

No. 54.

ORDERED, that where an appearance is not entered on the record for either the plaintiff or defendant on or before the second day of the term next succeeding that at which the case is docketed, it shall be dismissed at the costs of the plaintiff.