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II.

RULES OF THE SUPREME COURT OF THE UNITED STATES, REVISED AND CORRECTED AT THE DECEMBER TERM, 1858.

No. 1.-CLERK.

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 an attorney or counselor in this court, or any other court, while he shall continue to be clerk of this court.

The clerk shall not permit any original record or paper to be taken from the supreme court room, or from the office, without an order from the court.

No. 2.-ATTORNEYS, &c.

It shall be requisite to the admission of attorneys and 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 their private and professional character shall appear to be fair.

They shall respectively take the following oath or affirmation, viz.: "I do solemnly swear (or affirm, as the case may be), 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."

No. 3.-PRACTICE.

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 they will, from time to time make such alterations therein as circumstances may render necessary.

No. 4.-BILL OF EXCEPTIONS.

Hereafter 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 excepted; and that such matters of law and those only, shall be inserted in the bill of exceptions, and allowed by the court.

No. 5.-PROCESS.

All process of this court shall be in the name of the President of the United States.

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.

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 return day contained therein, the complainant shall be at liberty to proceed ex parte.

No. 6.-MOTIONS.

All motions hereafter made to the court shall be reduced to writing, and shall contain a brief statement of the facts and objects of the motion.

No. 7.-LAW LIBRARY-CONFERENCE ROOM.

1. During the session of the court, any gentleman of the bar having a cause on the docket, and wishing to use any book or books in the law library, shall be at liberty, upon application to the clerk of this court, to receive an order to take the same (not exceeding at any one time three) from the library, he being thereby responsible for the due return of the same within a reasonable time, or when required by the clerk. And it shall be the duty of the clerk to keep, in a book for that purpose, a record of all books so delivered, which are to be charged against the party receiving the same. And in case the same shall not be so returned, the party receiving the same shall be responsible for, and pay twice the value thereof; as also one dollar per day for every day's detention beyond the limited time.

2. The clerk shall take charge of the books of the court, together with such of the duplicate law books as congress may direct to be transferred to the court, and arrange them in the conference room, which he shall have fitted up in a proper manner; and he shall not permit such books to be taken therefrom by any one, except the judges of the court.

No. 8.-RETURN TO WRIT OF ERROR, &c.

1. 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.

2. No cause will hereafter be heard until a complete record, containing in itself, without reference aliunde, all the papers, exhibits, depositions, and other proceedings which are necessary to the hearing in this court, shall be filed.

3. Whenever it shall be necessary or proper, in the opinion of the presiding judge of any circuit court, or district court exercising circuit court jurisdiction, that original papers should at any time be inspected in the supreme court, upon appeal, such presiding judge may make such rule or order for the safe keeping, transporting and return of such original papers, as to him may seem proper; and this court will receive and consider such original papers in connection with the transcript of the proceedings.

No. 9.-DOCKETING CASES.

1. In all cases where a writ of error or an appeal shall be brought to this court from any judgment or decree rendered thirty days before the commencement of the term, it shall be the duty of plaintiff in error or appellant, as the case may be, to docket the cause, and file the record thereof with the clerk of this court within the first six days of the term; and if the writ of error or appeal shall be brought from a judgment or decree rendered less than thirty days before the commence ment of the term, it shall be the duty of the plaintiffs in error or appellant to docket the cause and file the record thereof with the clerk of this court within the first thirty days of the term; and if the plaintiff in error or appellant shall fail to comply with the rule, the defendant in error or appellee may have the cause docketed and dismissed, upon producing the certificate of the clerk of the court wherein the decree or judgment was rendered, stating the cause, and certifying that such writ of error or appeal has been sued out and allowed.

And in no case shall the plaintiff in error or appellant be entitled to docket the cause and file the record after the same shall have been docketed and dismissed under this rule, unless by order of the court.

2. But the defendant in error or appellee, may, at his option docket the cause and file a copy of the record with the clerk of this court; and if the case is docketed, and a copy of the record filed with the clerk of this court, by the plaintiff in error or appellant within the periods

of time above limited and prescribed by this rule, or by the defendant in error or appellee, at any time thereafter during the term, the case shall stand for argument at the term.

3. In all cases where the period of thirty days is mentioned in this rule, it shall be extended to sixty days in writs of error or appeals from California, Oregon, Washington, New Mexico and Utah.

No. 10.-SECURITY FOR COSTS-PRINTING RECORDS

FOR COSTS.

ATTACHMENT

1. In all cases, the clerk shall take of the party a bond, with competent security to secure his fees, in the penalty of two hundred dollars, or a deposit to that amount, to be placed in bank subject to his draft.

2. In all cases, the clerk shall have fifteen copies of the records printed for the court; and the cost of printing shall be charged to the government, in the expenses of the court.

3. The clerk shall furnish copies to the printer, shall supervise the printing, and shall take care of and distribute the printed copies to the judges, the reporter and the parties, from time to time as required.

4. In each case, the clerk shall charge the parties the legal fees for but one manuscript copy in the case.

5. In all cases, the clerk shall deliver a copy of the printed record to each party. And in cases of dismission, reversal or affirmance with costs, the fees for the said manuscript copy of the record shall be taxed against the party against whom costs are given, and which charge includes the charge for the copy furnished him.

6. In cases of dismission for want of jurisdiction, each party shall be charged with one-half the legal fees for a copy.

7. Upon the clerk's producing satisfactory evidence, by affidavit or acknowledgment of the parties or their sureties, of having served a copy of the bill of fees due by them respectively in this court, on such parties or their sureties, an attachment shall issue against such parties or sureties respectively, to compel the payment of said fees.

No. 11.-TRANSLATIONS.

Whenever any record transmitted to this court upon a writ of error or appeal, shall contain any document, paper, testimony or other proceeding, in a foreign language, and the record does not also contain a translation of such document, paper, testimony or other proceeding, made under the authority of the inferior court, or admitted to be correct, the record shall not be printed, but the case shall be reported to this court by the clerk, and the court will thereupon remand it to the infe

rior court, in order that a translation may be there supplied and inserted in the record.

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1. In all cases where further proof is ordered by the court, the depositions which shall be taken shall be by a commission to be issued from this court, or from any circuit court of the United States.

2. In all cases of admiralty and maritime jurisdiction where new evidence shall be admissible in this court, the evidence by testimony of witnesses shall be taken under a commission to be issued from this court, or from any circuit court of the United States, under the direction of any judge thereof; and no such commission shall issue but upon interrogatories to be filed by the party applying for the commission, and notice to the opposite party, or his agent or attorney, accompanied with a copy of the interrogatories so filed, to file cross-interrogatories within twenty days from the service of such notice: Provided, however, that nothing in this rule shall prevent any party from giving oral testimony in open court in cases where by law it is admissible.

No. 13.-DEEDS, &c., NOT OBJECTED TO, &C., ADMITTED, &c. In all cases of equity and admiralty jurisdiction heard in this court, no objection shall hereafter be allowed to be taken to the admissibility of any deposition, deed, grant, or other exhibit found in the record, as evidence, unless objection was taken thereto in the court below, and entered of record; but the same shall otherwise be deemed to have been admitted by consent.

No. 14.-CERTIORARI.

No certiorari for diminution of the record shall be hereafter awarded in any cause, unless a motion therefor shall be made in writing; and the facts on which the same is founded shall, if not admitted by the other party, be verified by affidavit. And all motions for such certiorari shall be made at the first term of the entry of the cause; otherwise the same shall not be granted, unless upon special cause shown in court, accounting satisfactorily for the delay.

No. 15.-DEATH OF A PARTY.

1. Whenever, pending a writ of error or appeal in this court, either party shall die, the proper representatives in the personalty or realty of the deceased party, according to the nature of the case, may voluntarily come in and be admitted parties to the suit; and thereupon the cause shall be heard and determined, as in other cases; and if such representatives shall not voluntarily become parties, then the other

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