as if the record had come up within the first six days; or he may, on producing a certificate from the clerk, stating Or have the writ of error the cause, and that a writ of error has docketed and dismissed. 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 judgJudgments in District of ments rendered by the court for the District of Columbia at any time prior to Columbia excepted. a session of this court. be dismissed on failure to assign errors. In cases not put to issue at the August Term, it shall be When writ of error may 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 Defendant refusing to dismissed at his costs; and if the defendplead, plaintiff may be heard ex parte. ant 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 Plaintiff not appearing, judgment according to the right of the defendant may dismiss the writ of error, or have cause; and that where there is no apjudgment affirmed. pearance 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 affirmance. In such a case costs go of course. Costs of course. Montalet v. Murray, 3 Cranch, 249. See Rules 16, 30, and 43. First Clause, now Rule 9, Clause 1. Second Clause now Rule 16. RULE XX (February Term, 1808.) Where damages are given by the rule passed in February Damages; to what time Term, 1803,1 the said damages shall be calculated to the day of the affirm calculated. ance of the judgment in this court. 1 Rules 17 and 18, now Rule 23, Clause 2, page 147, post, RULE XXI (Feburary Term, 1807.) 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. Non-residents to give security for costs. Upon the clerk of this court producing satisfactory evidence, by affidavit, or the acknowledg- Clerk may have attachment of the parties or their sureties, ment to collect his costs. of having served a copy of the bill of costs due by them respectively, in this court, on such parties or their sureties, an attachment shall issue against such parties or sureties respectively, to compel payment of the said costs. See Rule 37. First Clause, now Rule 10, Clause 1. Second Clause, now Rule 10, Clause 8. RULE XXII (February Term, 1810.) Upon the reversal of a judgment or decree of the Circuit Court, the party in whose favor the On reversals, costs go to reversal is shall recover his costs in party succeeding. the Circuit Court. Now Rule 24, Clause 3. RULE XXIII (February Term, 1812.) Only two counsel will be permitted to only two counsel to be argue for each party, plaintiff and de- heard in a cause. fendant in a cause. Now Rule 22, Clause 2. RULE XXIV (February Term, 1812.) There having been two associate justices of the court appointed since its last session, It is Allotment ordered, that the following allotment 1812. of justices, be made of the chief justice and the associate 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 record, viz: For the first circuit-the Hon. JOSEPH STORY. For the second circuit-the Hon. BROCKHOLST LIVING STON. For the third circuit-the Hon. BUSHROD WASHINGTON. RULE XXV (February Term, 1816.) In all cases where further proof is ordered by the court, In cases of further proof, the depositions which shall be taken shall depositions to be by commission. be by a commission to be issued from this court, or from any Circuit Court of the United States. Now Rule 12, Clause 1. be sent from the court below. See Rule 27. RULE XXVI (February Term, 1817.) Whenever it shall be necessary or proper, in the opinion Original papers; how may of the presiding judge in any Circuit Court, or District Court exercising Circuit Court jurisdiction, that original papers of any kind should be inspected in the Supreme Court, upon appeal, such presiding 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 connection with the transcript of the proceedings. Now Rule 8, Clause 4. RULE XXVII (February Term, 1817.) In all cases of admiralty and maritime jurisdiction, where Evidence in admiralty new evidence shall be admissible in cases to be taken under this court, the evidence by testimony of witnesses shall be taken under a commission to be issued a commission. from this court, or from any Circuit Court of the United States, under the direction of any judge thereof; and no such commission shall issue but upon Commission to issue on interrogatories to be filed by the party notice to file cross-interapplying for the commission, and notice rogatories. interrogatories, and on to the opposite party or his agent or attorney, accompanied with a copy of the interrogatories so filed, to file cross interrogatories within twenty days from the service of such notice: Provided, however, that nothing in this rule shall prevent any party from giving oral tes- Oral testimony; when timony in open court, in cases where, by may be given. law, it is admissible. Now Rule 12, Clause 2. See Rules 9 and 25. RULE XXVIII (February Term, 1821.) resentatives may come Whenever, pending a writ of error or appeal in this court, either party shall die, the proper repre- On death of a party, repsentatives in the personalty or realty of in voluntarily. the deceased party, according to the nature of the case, may voluntarily come in and be admitted parties to the suit, and thereupon the cause shall be heard and determined as in other cases; and if such representatives shall not voluntarily become parties, then the other party may suggest the death on the record, and there- Or an order may be entered for their appearupon, on motion, obtain an order, that ance. unless such representatives shall become parties within the first ten days of the ensuing term, Condition of order. the party moving for such order, if defendant in error, shall be entitled to have the writ of error or appeal dismissed; and if the party so moving shall be plaintiff in error, he shall be entitled to open the record, and, on hearing, have the same reversed if it be erroneous: Provided, however, that a copy of every such order shall be Order to appear; where printed in some newspaper at the seat of government in which the laws of the United States shall be printed by authority, for three successive weeks, at least to be printed. sixty days before the beginning of the term of the Supreme Court then next ensuing. Rule announced in the cause of Green г. Watkins, 6 Wheat, 260. Now Rule 15, Clause 1. unless a printed brief court. RULE XXIX (February Term, 1821.) After the present term, no cause standing for argument Causes not to be heard will be heard by the court, until the parties shall have furnished the court with a printed brief or abstract of the cause, containing the substance of all the material pleadings, facts, and documents on which the parties rely, and the points of law and fact intended to be presented at the argument. Now Rule 21, Clauses 1 and 2. peal; when plaintiff to file record. record. See Rule 8. RULE XXX (February Term, 1821.) In all cases where a writ of error or an appeal shall be On writ of error or ap- brought to this court from any judgment or decree rendered thirty days (before the term to which such writ of error or appeal shall be returnable), it shall be the duty of the plaintiff in error, or appellant, as the case may be, to docket the cause, and file the record thereof with the clerk of this court within the first six days of the term: on failure to do which, the defendWhen defendant may file ant in error, or appellee, as the case may be, may docket the cause, and file a copy of the record with the clerk [and thereupon the cause shall stand for trial in like manner as if the record had been duly filed within the first six days of the term] or at his Or have the cause dock- option, he may have the cause docketed and dismissed, upon producing a certificate from the clerk of the court wherein the judgment or decree was rendered, stating the cause, and certifying that such writ of error or appeal had been duly sued out and allowed. eted and dismissed. Now Rule 9, Clause 1. See Rule 43; also Rules 16 and 19, |