The republic., 1850-12-02

day Of the term, either party will be en-.
titled TO continuance. Inall cases where
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 hast thirty days
Iprevious to the commencement of any
term of this court, it shall be the duty OF
the plaintiff in error to Lodge copy Of the
record with the Clerk Of tbs 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 mann or
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 writ of error has been sued out,
which operates as 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 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 afirmance. In
such case costs go of course. Montalet
Us. Murray. See Rules Is, 80, and 49,
No. 20. = February term, 1SO7.) His
ordered, That where damages are given by
the rule passed in February term, 1903,
the said damages shall be calculated to the
day Of the affrmance of the judgment in
this Court. See Rules II md 49,.
No. 21-(February term, lS0S.) 1st.
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.
I'd. Ordered, That upon the Clerk of
this Court producing satisfactory evil
dence, by affidavit, or the acknowledge
ment of the parties or their sureties, Of
having served copy of the bill of costs
due by them respectively, in this Court,
on such parties or their sureties, an at
tachment shall issue against such parties
or sureties respectively, to compel pay
ment Of the said costs. See Rule 37.)
No. 22.-( February term, lSl0.) Or
dered, That upon. the reversal of judg-
ment or decree of the Circuit Court, the
party in whose favor the reversal is shall
recover his costs in the Circuit Court
No. 23.-( February term, 1872 ii IS
ordered, That only two Counsel be permit
ted to argue for each party, plaintiff and de-
fendant, in a cause.
No. Pa February term, 1872 There
having been two Associate Justices Of the
Court appointed since its last session, II IS
ordered, That the following allotment be
made Of the Chief Justice and the Asso-
cia;e 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 re-
cord, viz
For the first circuit-the Hon. JOSEPH
Story.
For the second circuit-the Hon.
BRocKHoLsT LIVINGSTON.
For the third circuit--the Hon. BUSH
ROD WASHINGTON.
For the fourth circuit-the Hon. CAB
REL DUvAL.
For the fifth circuit--the Hon. JOHN
MARSHALL, {. j.
For the sixth circuit--the Hon. WILL
LIAM JOHNSON.
For the seventh circuit-the Hon.
THOMAS ToDD.
No. 25.-( February term, 1850 ~ IS
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 81
No. 26.-( Februnyterm, 1879 When
ever it shall be necessary or proper, in the
opinion of the presiding Judge in any Cir
cult Court, or District Court exercising
Circuit Court jurisdiction, that original pa
pcrs of any kind should be inspected in the
Supreme Court, upon appeal, such presld-
ing 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 connexion
with the transcript of the proceedings.
No. 27.--( Febvuarytam, 1870 In all
cases of admiralty and maritime jurisdic-
tion, where new evidence shall be admis-
sible in this Court, the evidence by testl-
mony 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 is
sue but upon interrogatories TO be filed by
the party applying for the commission, and
notice to the opposite party or his agent or