OF CASES ARGUED AND ADJUDGED IN THE Supreme Court of The United States, FEBRUARY TERM, 1816. BY HENRY WHEATON. Counselor at Law. VOL. I. OF THE SUPREME COURT OF THE UNITED STATES. I-February Term, 1790. . Ordered, That the clerk of this court do reside and keep his office at the seat of the national government, and that he do not practice, either as an attorney or a counselor, in this court, while he shall continue to be clerk of the same. II.-February Term, 1790. Ordered, That (until farther order) it be requisite to the admission of attorneys, or counselors, to practice in this court, that they shall have been such for three years past in the supreme courts of the state to which they respectively belong, and that their private and professional characters shall appear to be fair. III.-February Term, 1790. Ordered, That counselors shall not practice as attorneys, nor attorneys as counselors, in this court. IV. February Term, 1790. Ordered, That they shall respectively take the following oath, viz.: I, do solemnxiv*] ly swear, that I will demean *myself (as an attorney or counselor of the court) uprightly, and according to law, and that I will sup port the constitution of the United States. V.-February Term, 1790. Ordered, That (unless and until it shall be otherwise provided by law) all process in this court shall be in the name of the President of the United States. VI.-February Term, 1791. Ordered, That the counselors and attorneys, admitted to practice in this court, shall take either an oath, or, in proper cases, an affirmation, of the tenor prescribed by the rule of this court on this subject, made February term, 1790, viz.: I, do solemnly swear (or affirm, as the case may be) that I will demean myself, as attorney, or counselor of this court, uprightly, and according to law, and that I will support the constitution of the United States. VII.-August Term, 1791. The Chief Justice, in answer to the motion of the Attorney-General, informs him and the bar that this court consider the practice of the Court of King's Bench, and of Chancery, in England, as affording outlines for the practice of this court; and that they will, from time to time, make such alterations therein as circumstances may render necessary. VIII.-February Term, 1795. The Court give notice to the gentlemen of the bar, that hereafter they will expect to be furnished with a statement of the material points of the case, from the counsel on each side of the cause. *IX.-February Term, 1795. [*xv The Court declared, That all evidence on motions for a discharge upon bail, must be by way of deposition, and not viva voce. X.-August Term, 1796. out of this court in any suit in equity, shall be Ordered, That process of subpoena, issuing served on the defendant sixty days before the return day of the said process; and further, subpoena, should not appear at the return day that if the defendant, on such service of the contained therein, the complainant shall be at liberty to proceed ex parte. XI.-February Term, 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 all proceedings in the cause, under his hand and transmitting a true copy of the record, and of the seal of the court. XII. August Term, 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. XIII.-August Term, 1800. In the case of Course v. 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 $2,000, exclusively of costs; this to be made appear by affidavit, and days notice to the opposite party, or their counsel, in Georgia. Rule as to affidavits to be mutual. *XIV.-August Term, 1801. [*xvi Ordered, That counselors may be admitted as attorneys in this court, on taking the usual oath. XV.-August Term, 1801. It is ordered, That in every cause when the defendant in error fails to appear, the plaintiff may proceed ex parte. 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 of six per centum per annum. In both cases 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. XXIII.-February Term, 1812. Ordered, That only two counsel be permitted to argue for each party, plaintiff and defendant, in a cause. 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.: 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 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 For the first Circuit-The Honorable Joseph Story. For the second Circuit-The Honorable Brockholst Livingston. For the third Circuit-The Honorable Bushrod Washington. For the fourth Circuit-The Honorable Gabriel Duvall. For the fifth Circuit-The Honorable *XXV.-February Term, 1816. [*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. |