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ALLOTMENT, ETC., OF THE JUDGES
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.
HON. SAML. NELSON, NEW YORK, VERMONT,
February 14th. PRESIDENT TYLER.
August 4th. PRESIDENT POLK.
HON. R. C. GRIER,
1862. January 24th.
1862. July 16th. PRESIDENT LINCOLN.
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. 82.
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.
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.
THE Honorable JAMES MOORE WAYNE, Esq., Senior Associate Justice of this court, departed this life, at his residence in the city of Washington, on the 5th day of July, 1867. He was born in Savannah, Georgia, about the year 1789, and was the son of Richard Wayne, a respected citizen of that place. Having enjoyed, by the advantages of birth and connections, the opportunities for good early education, and profited by them, himself, he was found well prepared to enter Princeton College at an early age. He was graduated there in 1808, and having chosen the law as his profession, studied it at New Haven, Connecticut, under the care of the Honorable DAVID DAGGETT, well known as Chief Justice of that State, and as Professor of Law in Yale College. He was admitted to practice in the courts of Georgia about the year 1810, and in the Federal court at Savannah in 1813. In our war of 1812, with Great Britain, he entered the volunteer military service, and was an officer of the Georgia cavalry. His spirit and personal bravery were at all times universally conceded. In 1819 he was Mayor of Savannah, and in the same year was elected the first judge of the Court of Common Pleas-now the City Court-of Savannah, then recently established by the legislature; an office which he continued to hold until 1822, when he was elected to the Bench of the Superior Court. He presided continuously, and with dignity and independence, over the Superior Courts of the Eastern District of Georgia until the year 1828, when he was sent a representative from his State to the Congress of the United States. Soon after this time the State of South Carolina began to oppose herself to the execution of the laws of the United States, and the heresy of "Nullification" became prevalent in her immediate region. Mr. Wayne gave to it no countenance at any time. In 1832 President Jackson issued his Proclamation levelled against it. This was followed by the Act of Congress of March 2, 1833, known as the Force Bill. To both Mr. Wayne, who was again in Congress, gave his approbation, and was the only representative from Georgia who voted with the majority for the bill.
Although his support of the measures of that bill alienated many of his former friends, it gave to him the hearty support of the Union party of Georgia, then rising into power, and in 1834 he was again re-elected to Congress by a higher vote than that given to any other candidate. On the 9th January, 1835, during the session of the Twenty-third Congress, he was ap pointed an associate justice of this court in the place of Mr Justice William Johnson, of South Carolina, then recently deceased.
In the late unhappy rebellion he sided, as it might have been anticipated, from his education and previous fidelity, that he would do, with the Government, and from the beginning to the end of the war, was faithful to the cause of the Union. He had not, however, been less truly the friend of his native State. From an early day he sought to promote learning there, and to develop all its natural advantages. For many years he was one of the Trustees of the University of Georgia, and for a considerable time presided over the Georgia Historical Society. In 1836 he represented Chatham County in the Knoxville Convention, the object of which was to unite the Atlantic seaboard of Georgia with the productive regions of the West; and was at all times ready to serve and be useful to the people to whom he more especially belonged.
Mr. Justice Wayne possessed the advantages of a fine person and engaging countenance, and was distinguished by manners singularly elegant and attractive. Animated as these and all his conversation and conduct were, by real goodness of heart, it is not surprising that he should have been, as he was, extensively beloved. He was a member of the Protestant Episcopal Church, and communicant in the same. For several years before his death he resided principally in Washington City, where his house was the centre of hospitality to very numerous friends. His illness was not long, and its fatal termination was obviously hastened by a general declining strength, perceptible for some time before. During his long service upon the bench he sat with twenty-one or twenty-two different judges, and at the time of his death was the sole survivor of the court as constituted in the presidency of MARSHALL.
Previous to the assembling of the court upon the bench at the opening-day of this term, a meeting of the bar and officers of the court was held, and a committee appointed to prepare resolutions expressive of the affection and veneration enter