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Supreme court of District of Columbia, appeals from 36
Territory, appeals to.

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RULES OF THE SUPREME COURT OF THE UNITED

1

STATES.1

THE COMMENCEMENT OF THE TERM OF COURT 18 FIXED BY

STATUTE.

An Act to fix the time for holding the annual session of the Supreme Court of the United States, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That from and after the passage of this act the annual session of the Supreme Court of the United States shall commence on the second Monday of October, in each year, and all actions, suits, appeals, recognizances, processes, writs, and proceedings whatever, pending or which may be pending in said court, or returnable thereto, shall have day therein, and be heard, tried, proceeded with, and decided, in like manner as if the time of holding said sessions had not been hereby altered. Approved, January 24, 1873, c. 64, 17 Stat. 419.

1.2

CLERK.

1. The clerk of this court shall reside and keep the office at the seat of the National Government, and he shall not practice, either as attorney or counsellor, in this court, or in any other court, while he shall continue to be clerk of this court.

See 1 Cranch, xv; 1 Wheat. xiii; 1 Pet. v; 1 How. xxiii; 21 How. v: 108 U. S. 573.

2. The clerk shall not permit any original record or paper

1 For the general rules of the Supreme Court of the United States, as they have been revised and published in collected form in the Reports, see 1 Cranch, xv; 1 Wheat. xiii; 1 Pet. v; 1 How. xxiii; 21 How. v; 108 U. S. 573. 2 The first rule or order actually promulgated by the court was on September 26, 1789, in regard to the seal of the court; it was as follows:

By the court:-I. Ordered, That the seal of the court shall be the arms of the United States, engraved on a piece of steel of the size of a dollar, with these words in the margin: "The Seal of the Supreme Court of the United

to be taken from the court room, or from the office, without an order from the court, except as provided by Rule 10.

3 Dall. 377; 1 Cranch, xvi; 1 Wheat. xv; 1 Pet. vii, xi; 106 U. S. vii; 1 How. xxv, xxxii; 21 How. v; 106 U. S. vii; 108 U. S. 573.

2.

ATTORNEYS AND COUNSELLORS.

1. It shall be requisite to the admission of attorneys or counsellors to practice in this court, that they shall have been such for three years past in the supreme courts of the States to which they respectively belong, and that their private and professional character shall appear to be fair.

3 Dall. 399, 400; 1 Cranch, xv, xvii; 1 Wheat. xiii; 1 Pet. vi, vii; 1 How. xxiii, xxiv, xxv; 21 How. v; 108 U. S. 573.

2. They shall respectively take and subscribe the following oath or affirmation, viz:

I,

-, do solemnly swear [or affirm] that I will demean myself, as an attorney and counsellor of this court, uprightly, and according to law; and that I will support the Constitution of the United States.

3 Dall. 399; 1 Cranch, xv; 1 Wheat. xiii, xiv, xvi; 1 Pet. vi; 21 How. v; 2 Wall. vii; 4 Wall. vii; 108 U. S. 573.

3.

PRACTICE.

This court considers the former practice of the courts of States;" and that the seals of the Circuit Courts shall be the arms of the United States, engraven on circular pieces of silver of the size of dollar, with these words in the margin, viz., in the upper part, "the Seal of the Circuit Court;" and in the lower part the name of the district for which it is intended.

May 31, 1904, Ordered, That the clerk of the court be, and he is hereby authorized and directed to procure a new seal for the court. Said seal shall be the arms of the United States, with these words in the margin, "Seal of the Supreme Court of the United States," engraved on a circular piece of steel, not exceeding two and one-fourth inches in diameter.

The act of September 29, 1889, c. 21, regulating processes in the courts of the United States, 1 Stat. 93, provided: "The seals of the Supreme Court and Circuit Courts to be provided by the Supreme Court and of the District Courts, by the respective judges of the same."

king's bench and of chancery, in England, as affording outlines for the practice of this court; and will, from time to time, make such alterations therein as circumstances may render necessary.

3 Dall. 413; 1 Cranch, xvi; 1 Wheat. xiv; 1 Pet. vi; 1 How. xxiv; 21 How. v 108 U. S. 574.

4.

BILL OF EXCEPTIONS.

The judges of the Circuit and District Courts shall not allow any bill of exceptions which shall contain the charge of the court at large to the jury in trials at common law, upon any general exception to the whole of such charge. But the party excepting shall be required to state distinctly the several matters of law in such charge to which he excepts; and those matters of law, and those only, shall be inserted in the bill of exceptions and allowed by the court.

6 Pet. iv; 1 How. xxxiv; 21 How. vi; 108 U. S. 574.

5.

PROCESS.

1. All process of this court shall be in the name of the President of the United States, and shall contain the Christian names, as well as the surnames, of the parties.

3 Dall. 399; 1 Cranch, xv; 1 Wheat. xiii; 1 Pet. vi; 1 How. xxiv; 21 How. vi; 108 U. S. 574; 180 U. S. 641.

2. When process at common law or in equity shall issue against a State, the same shall be served on the governor, or chief executive magistrate, and attorney-general of such State. 3 Dall. 335; 3 Pet. xvii; 12 Pet. 757; 1 How. xxiv; 21 How. vi; 108 U. S. 574.

3. Process of subpoena, 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 if the defendant, on such service of the subpoena, shall not appear at the

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