RULES AND ORDERS

OF THE

SUPREME COURT OF THE UNITED STATES.

I.-1790, FEBRUARY 3.

Ordered, That John Tucker, efq. of Bofton, be the clerk of this

court.

That he refide and keep his office at the feat of the national government, and that he do not practice, either as an attorney or a counfellor 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 requifite to the admiffion of attornies, or counfellors, to practice in this court, that they fhall have been fuch for three years paft in the fupreme courts of the the state to which they respectively belong, and that their private and profeffional character fhall appear to be fair.

III.-1790, FEBRUARY 5.

Ordered, That counsellors fhall not practice as attornies, nor attornies as counsellors in this court.

IV.-1790, FEBRUARY 5.

Ordered, That they hall refpectively take the following oath, viz. "I do folemnly swear, that I will demean myself (as am attorney or counsellor) of the court, uprightly, and according to law, end that I will fupport the conftitution of the United States.'

V.-1790, FEBRUARY 5.

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

VI.-1791, FEBRUARY 7.

Ordered, that the counsellors and attornies, admitted to practice in this court, fhall take either an oath, or in proper cafes, an affirm

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ation, of the tenor prescribed by the rule of this court on that fubject, made February term, 1790, viz. "I

do folemnly fwear, (or affirm, as the cafe may be,) that I will demean myself as an attorney, or counsellor of this court, uprightly, and according to law, and that I will fupport the conftitution of the United States.'

VII.-1791, AUGUST 8.

The Chief Juftice, in answer to the motion of the Attorney General, made yesterday, informs him and the bar, that this court confider 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 fuch 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 cafe, from the counsel on each fide 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 depofition, and not vivá voce.

X.-1796, AUGUST 12.

Ordered, That procefs of fubpoena iffuing out of this court, in any fuit in equity, fhall be ferved on the defendant fixty days before the return day of the said process; and further, that if the defendant on fuch service of the fubpoena fhall 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 fame by tranfmitting 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 fuffered by the clerk, to be taken out of his office, but by the confent of the court; otherwife to be refponfible for it.

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XIII.-1800, AUGUST 15.

In the cafe 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 difpute exceeds the fum or value of 2000 dollars, exclufive of cofts; this to be made appear by affidavit, on days notice to the oppofite party or their counfel in 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 cafes where a writ of error fhall delay the proceedings on the judgment of the circuit court, and fhall appear to have been fued out merely for delay, damages fhall be awarded at the rate of ten per centum per annum, on the amount of the judgment.

XVIII.-1803, FEBRUARY TERM.

In fuch cafes where there exifts a real controverfy, the damages shall be only at the rate of fix per centum per annum. In both cafes the intereft is to be computed as part of the damages.

с

JUDGES

OF THE

SUPREME COURT OF THE UNITED STATES

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