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page. Williams, Jones v.

72 Wolseley, Unwin v. 345, 357, 365 Smart v. 248 Wood, Howard v.

441 v. Williams, 371, 395, 462

Warsley v.

335 Williamson, Loth v. 445 Woody's case,

209 Willis, Sfaacs v.

71, 74

Woodward u. Rowe, 369, 387 Wilson, Irving v.

Woolvil v. Young,

Owen v.
71 Wright v. Campbell,

439 Winch v. Keely, 245, 425

Goodright v. Winston v. Francisco,

338 Wirrall, Coxe v.


Y Wiscart v. Dauchy, Witter, Walker v. 208, 210, 335 Yally, Way e'. Woddye, Core v. 428, 429, 440, Young, Bishop v. 388, 465 463

Woolvil v.



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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 practice, either as an attorney or a counsellor in this court, while he shall continue to be clerk of the fame.

II.--1790, FEBRUARY 5. Ordered, That (until further orders) it shall be requisite to the admisfion of attornies, or counsellors, to practice in this court, that they shall have been such for three years past in the supreme courts of the 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 practice as attornies, nor attor. nies as counsellors in this court.

IV.-1790, FEBRUARY 5. Ordered, That they Ihall respectively take the following oath, viz. " I

do solemnly Twear, that I will demean myself (as ar 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.

VI.-1791, FEBRUARY 7. Ordered, that the counsellors and attornies, admitted to practice in this court, lhall take either an oath, or in proper cases, an affirm


ation, 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 neceffary.

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 vivá voce.

X.-1796, August 12. Ordered, That process of fubpoena issuing out of this court, in any suit in equity, shall be served on the defendant fixty days before the return day of the said process; and further, that if the defendant on fuch service of the subpæna 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 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. Steads' executors, Ordered, That the plaintiff in error be at liberty to show to the fatisfaction of this court, that the matter in dispute exceeds the sum or value of 2000 dollars, exclusive of costs; this to be made appear by affidavit, on days notice to the opposite party or their counsel m Georgia. Rule as to affidavits to be mutual.

XIV.-1801, AUGUST 12. Ordered, That counsellors may be admitted as attornies 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 iffues within 30 days before the meeting of the court, the defendant 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 thall 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 fix pen

centum per annum. In both cases the interest is to be computed as part of the damages.








4 March,

JOHN JAY, Chief Juflice,

26 September, 1789. WILLIAM CUSHING, Associate Justice, 27 September, 1789. JAMES WILLSON,

ditto, 29 September, 1789. JOHN BLAIR,


30 September, 1789. JAMES IREDELL,

10 February, 1790. . THOMAS JOHNSON,

7 November, 1791. WILLIAM PATERSON, ditto,

1793 JOHN RUTLEDGE, Chief Justice, 1 July,

1795. SAMUEL CHASE, Asociate Justice, 7 January, 1796. OLIVER ELLSWORTH, Chief Justice,

1796. BUSHROD WASHINGTON, AT: Justice, 20 December, 1798. ALFRED MOORE,

ditto, 10 December, 1799. JOHN MARSHALL, Chief Justice,

31 January, 1801. WILLIAM JOHNSON, Asociate Justice, March, 1804.

4 March,

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