1. The plaintiff or appellant in this court shall be entitled to open and conclude the argument of the case. But when there are cross-appeals they shall be argued together as one case, and the plaintiff in the court below shall be entitled to open and conclude the argument.

12 How. xiii; 108 U. S. 586.

2. Only two counsel will be heard for each party on the argument of a case.

7 Cranch, 2; 1 Wheat. xviii; 1 Pet. ix; 1 How. xxviii; 14 Wall. xi; 21 How. xii; 11 Wall. ix; 108 U. S. 586.

3. Two hours on each side will be allowed for the argument, and no more, without special leave of the court, granted before the argument begins. The time thus allowed may be apportioned between the counsel on the same side, at their discretion: Provided, always, That a fair opening of the case shall be made by the party having the opening and closing arguments.

7 How. v; 8 How. vi; 21 How. 12; 11 Wall. ix; 14 Wall. xi; 108 U. S. 586.

23.

INTEREST.

1. In cases where a writ of error is prosecuted to this court,

1 January Term, 1850, 8 How. 5. Ordered: that no counsel will be permitted to speak, in the argument of any case in this court, more than two hours, without the special leave of the court, granted before the argument begins.

Counsel will not be heard, unless a printed abstract of the case be first filed, together with the points intended to be made, and the authorities intended to be cited in support of them arranged under the respective points. And no other book or case can be referred to in the argument.

If one of the parties omits to file such a statement, he cannot be heard, and the case will be heard ex parte, upon the argument of the party by whom the statement is filed.

This rule to take effect on the first day of December Term, 1894.

WAYNE, J., dissents from this rule.

WOODBURY, J., does not concur in this rule.

and the judgment of the inferior court is affirmed, the interest shall be calculated and levied, from the date of the judgment below until the same is paid, at the same rate that similar judgments bear interest in the courts of the State where such judgment is rendered.

Rule No. 62. In cases where a writ of error is prosecuted to the Supreme Court, and the judgment of the inferior court is affirmed, the interest shall be calculated and levied from the date of the judgment below until the same is paid, at the same rate that similar judgments bear interest in the courts of the State where such judgment is rendered.

The same rule shall be applied to decrees for the payment of money, in cases in chancery, unless otherwise ordered by this court.

This rule to take effect on the first day of December Term, 1852. Promulgated December Term, 1851. 13 How. 5.

21 How. xiii; 108 U. S. 586.

2. In all cases where a writ of error shall delay the proceedings on the judgment of the inferior court, and shall appear to have been sued out merely for delay, damages at a rate not exceeding ten per cent, in addition to interest, shall be awarded upon the amount of the judgment.

Rule XVII, 1803, February Term. 1 Cranch, 17. 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.

Rule XVIII, 1803, February Term. 1 Cranch, 17. 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.

1 Wheat. xvi; 1 Pet. vi; 12 Pet. 84; 1 How. xxvi, xxvii; 21 How. xiii; 11 Wall. x; 108 U. S 86.

3. The same rule shall be applied to decrees for the payment of money in cases in equity, unless otherwise ordered by this

court.

21 How. xiii; 108 U. S. 586.

4. In cases in admiralty, damages and interest may be allowed if specially directed by the court.

108 U. S. 586; 133 U. S. 711.

24.

COSTS.1

1. In all cases where any suit shall be dismissed in this court, except where the dismissal shall be for want of jurisdiction, costs shall be allowed to the defendant in error or appellee, unless otherwise agreed by the parties.

2 Cranch, 249; 12 Pet. vii; 1 How. xxxvi; 21 How. xiii; 108 U. S. 587. And see February Term, 1808, 4 Cranch, 537.

2. In all cases of affirmance of any judgment or decree in this court, costs shall be allowed to the defendant in error or appellee, unless otherwise ordered by the court.

12 Pet. vii; 1 How. xxxvi; 21 How. xiv; 108 U. S. 587.

3. In cases of reversal of any judgment or decree in this court, costs shall be allowed to the plaintiff in error or appellant, unless otherwise ordered by the court. The cost of the transcript of the record from the court below shall be a part of such costs, and be taxable in that court as costs in the

case.

12 Pet. vii; 1 How. xxxvii; 21 How. xiv; 1 Wall. vii; 108 U. S. 587.

4. Neither of the foregoing sections shall apply to cases where the United States are a party; but in such cases no costs shall be allowed in this court for or against the United States.

12 Pet. vii; 1 How. xxxvii; 21 How. xiv; 108 U. S. 587.

5. In all cases of the dismissal of any suit in this court, it shall be the duty of the clerk to issue a mandate, or other

1 February Term, 1808, Ordered, That all parties in 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. 1 Wheat. xvii; 1 Pet. viii; 1 How. xxvii.

February Term, 1810, Ordered, That upon the reversal of a judgment or decree of the Circuit Court, the party in whose favor the reversal is, shall recover his costs in the Circuit Court. 1 Wheat. xviii; 1 Pet. viii; 1 How. xxviii.

For costs in Circuit Court of Appeals established by the Supreme Court of the United States, pursuant to act of February 19, 1897, c. 263, 29 Stat. 536, see 168 U. S. 720; 169 U. S. 740.

proper process, in the nature of a procedendo, to the court below, for the purpose of informing such court of the proceedings in this court, so that further proceedings may be had in such court as to law and justice may appertain.

12 Pet. vii; 1 How. xxxvii; 21 How. xiv; 108 U. S. 587.

6. When costs are allowed in this court, it shall be the duty of the clerk to insert the amount thereof in the body of the mandate, or other proper process, sent to the court below, and annex to the same the bill of items taxed in detail.

12 Pet. vii; 1 How. xxxvii; 21 How. xiv; 108 U. S. 587.

7. In pursuance of the act of March 3, 1883, authorizing and empowering this court to prepare a table of fees to be charged by the clerk of this court, the following table is adopted: For docketing a case and filing and indorsing the transcript of the record, five dollars.

For entering an appearance, twenty-five cents.

For entering a continuance, twenty-five cents.

For filing a motion, order, or other paper, twenty-five cents. For entering any rule, or for making or copying any record or other paper, twenty cents per folio of each one hundred words.

For transferring each case to a subsequent docket and indexing the same, one dollar.

For entering a judgment or decree, one dollar.

For every arch of the records of the court, one dollar.

For a certificate and seal, two dollars.

For receiving, keeping, and paying money in pursuance of any statute or order of court, two per cent on the amount so received, kept, and paid.

For an admission to the bar and certificate under seal, ten dollars.

For preparing the record or a transcript thereof for the printer, indexing the same, supervising the printing and distributing the printed copies to the justices, the reporter, the law library, and the parties or their counsel, fifteen cents per folio.

For making a manuscript copy of the record, when required under Rule 10, twenty cents per folio, but nothing in addition for supervising the printing.

For issuing a writ of error and accompanying papers, five dollars.

For a mandate or other process, five dollars.

For filing briefs, five dollars for each party appearing.

For every copy of any opinion of the court or any justice thereof, certified under seal, one dollar for every printed page, but not to exceed five dollars in the whole for any copy.

108 U. S. 587.

25.

OPINIONS OF THE COURT.

1. All opinions delivered by the court shall, immediately upon the delivery thereof, be handed to the clerk to be recorded. And it shall be the duty of the clerk to cause the same to be forthwith recorded, and to deliver a copy to the reporter as soon as the same shall be recorded.

3 Pet. 397; 1 How. xxxv; 21 How. xiv; 108 U. S. 588.

2. The original opinions of the court shall be filed with the clerk of this court for preservation.1

21 How. xiv; 108 U. S. 588.

3. Opinions printed under the supervision of the justices delivering the same need not be copied by the clerk into a book of records; but at the end of each term the clerk shall cause such printed opinions to be bound in a substantial manner into one or more volumes, and when so bound they shall be deemed to have been recorded within the meaning of this rule.

108 U. S. 588.

26.

CALL AND ORDER OF THE DOCKET.

1. The court, on the second day in each term, will com

1 December Term, 1858, Par. 2, Rule No. 25. And all the opinions of the court, as far as practicable, shall be recorded during the term, so that the publication of the reports may not be delayed thereby. 21 How. xiv.