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RULES AND ORDERS

OF THE

SUPREME COURT OF THE UNITED STATES.

I.-1790, FEBRUARY 3.

Ordered, That John Tucker, Esq. of Boston, be the clerk of this court.

That he reside and keep his office at the seat of the national government, and that he do not practise, either. as an attorney or a counsellor in this court, while he shall continue to be clerk of the same.

II.-1790, FEBRUARY 5.

Ordered, That (until further orders) it shall be requisite to the admission of attorneys, or counsellors, to practise 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 character shall appear to be fair.

III.-1790, FEBRUARY 5.

Ordered, That counsellors shall not practise as attorneys, nor attorneys as counsellors, in this court.

IV. 1790, FEBRUARY 5.

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Ordered, That they shall respectively take the following oath, viz. “I do solemnly swear, that I will demean myself (as an attorney or counsellor) of the court, uprightly, and according to law, and that I will support the constitution of the United States."

V.-1790, FEBRUARY 5.

Ordered, That (unless and until it shall otherwise be provided by law) all process of this court shall be in the name of the President of the United States.

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VI.-1791, FEBRUARY 7.

Ordered, That the counsellors and attorneys, admitted to practise 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 that subject, made February term, 1790, viz. “I do solemnly swear

(or affirm as the case may be) that I will demean myself, as an attorney, or counsellor of this court, uprightly, and according to law, and that I will support the constitution of the United States.'

VII.-1791, AUGUST 8.

The Chief Justice, in answer to the motion of the Attorney-General, made yesterday, informs him and the bar, that this court consider the practice of the courts 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-1795, FEBRUARY 4.

The court gave 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 a cause.

IX.-1795, FEBRUARY 17.

The Court declared that all evidence on motions for a discharge upon bail must be by way of deposition, and

not viva voce.

X.-1796, AUGUST 12.

Ordered, That process of subpana issuing out of this court in any suit in equity, shall be served on the defendant sixty days before the return day of the said process; and further, that if the defendant, on such service of the subpana, shall not appear at the return day contained therein, the complainant shall be at liberty to proceed ex parte.

XI.-1797, FEBRUARY 13.

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 transmitting a true copy of the

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record, and of all proceedings in the cause, under his hand and the seal of the court.

XII.-1797, AUGUST 7.

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.-1800, AUGUST 15.

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 dollars, exclusive of costs; this to be made appear by affidavit, on

days' notice to the opposite party, or their counsel, in Georgia. Rule as to affidavits to be mutual.

XIV.-1801, AUGUST 12,

Ordered, That counsellors may be admitted as attorneys in this court on taking the usual oath.

XV. 1801, DECEMBER 9.

It is ordered, That in every cause where the defendant in error fails to appear, the plaintiff may proceed ex parte.

XVI.-1803, FEBRUARY TErm.

It is ordered, That where the writ of error issues within 30 days before the meeting of the court, the dẹfendant in error is at liberty to enter his appearance and proceed to trial: otherwise the cause must be continued.

XVII. 1803, FEBRUARY TERM.

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.--1803, FEBRUARY TERM.

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.

JUDGES

OF THE

SUPREME COURT OF THE UNITED STATES,

FROM THE TIME OF ITS FIRST ESTABLISHMENT, WITH THE DATES OF THEIR COMMISSIONS.

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JOHN RUTLEDGE, Chief Justice,

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SAMUEL CHASE, Associate Justice,

OLIVER ELLSWORTH, Chief Justice,

BUSHROD WASHINGTON, Associate Justice,

ALFRED MOORE,

JOHN MARSHALL, Chief Justice,

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WILLIAM JOHNSON, Associate Justice,

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JUDGES

OF THE

SUPREME COURT OF THE UNITED STATES

DURING THE PERIOD OF THESE REPORTS.

THE HONOURABLE JOHN MARSHALL,
The honourable WILLIAM CUSHING,

CHIEF JUSTICE,

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