XVI.-February Term, 1803. It is ordered, That where the writ of error issues within 30 days before the meeting of the court, the defendant is at liberty to enter his appearance, and proceed to trial; otherwise the cause must be continued. 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. XVIII.-February Term, 1803. In such cases where there exists a real controversy, the damages shall be only at the rate In both cases of six per centum per annum. the interest is to be computed as part of the damages. XIX.-February Term, 1806. All causes, the records of which shall be delivered to the clerk on or before the sixth day of the term, shall be considered as for trial in the course of that term. Where the record xvii*] shall be delivered "after the sixth day of the term, either party will be entitled to a continuance. XXII.-February Term, 1810. Ordered, That upon the reversal of a judgment or decree of the Circuit Court, the party in whose favor the reversal is, shall recover his costs in the Circuit Court. XXIII.-February Term, 1812. Ordered, That only two counsel be permitfendant, in a cause. ted to argue for each party, plaintiff and de XXIV.-February Term, 1812. In all cases where a writ of error shall be a supersedeas to a judgment, rendered in any 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 There having been two associate justices of court, it shall be the duty of the plaintiff in er- the court appointed since its last session, It is ror to lodge a copy of the record with the Ordered. That the following allotment be made clerk of this court, within the first six days of the term, and if he shall fail so to do, the of the Chief Justice, and of the associate jusdefendant in error shall be permitted, after-tices of the said Supreme Court among the cirwards, to lodge a copy of the record with the cuits, agreeably to the act of Congress in such clerk, and the cause shall stand for trial in like case made and provided, and that such allotmanner as if the record had come up within ment be entered or ordered, viz.: For the first Circuit-The Honorable Joseph the first six days; or he may, on producing a Story. For the second Circuit-The Honorcertificate from the clerk, stating the cause, and that a writ of error has been sued out, which able Brockholst Livingston. For the third Ciroperates as a supersedeas to the judgment, have cuit-The Honorable Bushrod Washington. For the said writ of error docketed and dismissed. the fourth Circuit-The Honorable Gabriel This rule shall apply to all judgments rendered Duvall. For the fifth Circuit-The Honorable by the court for the District of Columbia, at John Marshall, Ch. J. For the sixth Circuitany time prior to a cession of this court. In cases not put to issue at the August term, it shall be the duty of the plaintiff in error, if error 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 to do so, and shall also fail to assign them when the cause shall be called for trial, the writ of error may be dismissed at his cost; and if the The Honorable William Johnson. *XXV.-February Term, 1816. For the [*xix 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. JUDGES OF THE SUPREME COURT OF THE UNITED STATES DURING THE TIME OF THESE REPORTS, WITH THE DATES OF THEIR COMMISSIONS. |