Entered, according to Act of Congress, in the year 1868

BY JOHN WILLIAM WALLACE,

In the Clerk's Office of the District Court of the United States for the
Eastern District of Pennsylvania.

Entered, according to Act of Congress, in the year 1868,

BY W. H. & O. H. MORRISON,

In the Clerk's Office of the Supreme Court of the District ct Columbia.

OF THE

SUPREME COURT OF THE UNITED STATES,

AS MADE APRIL 8, 1867, UNDER THE ACTS OF CONGRESS OF JULY 23, 1866, AND MARCH 2, 1867.

NAME OF THE JUDGE, AND STATE NUMBER AND TERRITORY OF THE DATE AND AUTHOR OF THE JUDGE'S WHENCE COMING.

CIRCUIT.

COMMISSION.

HON. SAML. NELSON, NEW YORK, VERMONT,

1845. February 14th. PRESIDENT TYLER.

1846.

August 4th. PRESIDENT POLK.

1858.

January 12th.

PRESIDENT BUCHANAN.

RHODE ISLAND.

GENERAL RULES,

MADE AT DECEMBER TERM, 1867.

RULE No. 31.

APPEARANCE-NOTICE OF MOTIONS.

ORDERED, That upon the filing of the transcript of a record brought up by writ of error or appeal, the appearance of the counsel for the plaintiff in error or appellant shall be entered, and no motion to dismiss, except on special assignment by the court, shall be heard, unless previous notice has been given to the adverse party, or the counsel or attorney of such party.

RULE No. 32.

SUPERSEDEAS.

Supersedeas bonds in the Circuit Courts must be taken, with good and sufficient security, that the plaintiff in error or appellant shall prosecute his writ or appeal to effect and answer all damages and costs if he fail to make his plea good. Such indemnity, where the judgment or decree is for the recovery of money not otherwise secured, must be for the whole amount of the judgment or decree, including "just damages for delay," and costs and interest on the appeal; but in all suits where the property in controversy necessarily follows the event of the suit, as in real actions, replevin, and in suits on mortgages; or where the property is in the custody of the marshal, under admiralty process, as in case of capture or seizure; or where the proceeds thereof, or a bond for the value thereof, is in the custody or control of the court, indemnity in all such cases is only required in an amount sufficient to secure the sum recovered for the use or detention of the property, and the costs of the suit and "just damages for delay," and costs and interest on the appeal.

(v)

RULE No. 33.

WRITS OF ERROR.

In cases where final judgment is rendered more than thirty days before the first day of the next term of this court, the writ of error and citation, if taken before, must be returnable on the first day of said term, and be served before that day; but in cases where the judgment is rendered less than thirty days before the first day, the writ of error and citation may be made returnable on the third Monday of the said term, and be served before that day.