VII.

Of the return day, and time of entering appearance.

The bill may be filed in the clerk's office in vacation, and a subpana shall thereupon issue of course, upon the application of the plaintiff or his solicitor, returnable at the then next term of the Court. The subpana in such case, shall be served fourteen days at least before the return day. When the bill is filed in term time, the Court will order the subpana, returnable on a certain day in the same term, or at the ensuing term, as the case may require; but the defendant shall never be compelled to appear, nor subject to any penalty for not appearing, unless the subpæna be served upon him fourteen days at least before the day on which it is returnable.

VIII.

Of the service of a copy of the bill, and time of making answer in such cases. The plaintiff may in all cases cause the defendant to be served with a copy of the bill, at the same time the subpœna is served, and by the same officer; the copy to be delivered to the defendant, or left at the last and usual place of his abode, and to be attested by the clerk, unless the bill is inserted in a writ of attachment or summons; in which case the copy shall be attested by the officer by whom the writ is served; and when such copy of the bill shall have been duly served on the defendant, sixty days or more before the day on which the writ is returnable, the defendant shall be held to demur, plead or answer, on the return day of the writ, unless, for good cause shewn, the Court shall allow further time for the purpose.

IX.

Of the time of answering, pleading, and taking testimony.

When a bill is filed in term time, and a subpœna is issued returnable at the ensuing term, the defendant shall file his demurrer, plea or answer in the clerk's office at such time in va

cation as the Court shall order, not less than sixty days after service on him of the subpœna and of the attested copy of such order at the service of the subpoena. And when an answer is so filed, if not excepted to, the plaintiff may file his replication in the clerk's office in the same vacation; and upon giving notice thereof to the defendant, not less than thirty days before the ensuing term, the parties may proceed to take the examination of their witnesses, so that the cause may be heard and determined at the ensuing term, or if the plaintiff shall elect to proceed to a hearing on the bill and answer, he may give notice thereof to the defendant, not less than thirty days before the ensuing term, and the cause shall then be heard and 'determined accordingly. In the computation of time, as mentioned in these rules, the day on which service is made or notice given, is to be excluded. And all notices herein required to be given by either party to the other, may be given to his solicitor or counsel in writing.

X.

When the bill may be taken pro confesso.

If the defendant, after being duly served with the original process or with the subpana, shall neglect to enter his appearance on the return day thereof; and if it shall appear to the Court, by the return of the officer or otherwise, that he had personal notice of the suit, fourteen days at least before such return day, his default may be recorded, and the bill may be taken pro confesso.

XI.

Before whom the answer may be sworn to.

The answer of a defendant may be sworn to before any Justice of the Peace, and shall be returned inclosed and sealed, to the Clerk's office, and be by him opened and filed.

XII.

Proof to be by depositions.

All proof shall be by depositions; which, after issue joined on a plea, or after answer and replication are filed, may be taken, certified, opened, filed and used, in the same manner, and under the same regulations, as depositions are which may be taken to be used in trials at common law.

XIII.

Of the trial of facts by a jury

Whenever it shall become necessary or proper to have any fact tried or determined by a jury, the Court will direct an issue for that purpose to be formed by the parties, containing a distinct affirmative of the points in question, and a denial or traverse thereof; and the issue thus formed and joined will be submitted to a jury, in the same Court in which the suit may be depending.

XIV.

Of pleas in bar.

A defendant may in all cases, should he elect so to do, avail himself of the subject matter of a plea in bar, by inserting it in and as a part of his answer.

XV.

Of overruling pleas and demurrers.

Demurrers, pleas and answers shall be decided on their own respective merits. Answers are not to be considered as overruling pleas, nor answers or pleas as overruling demurrers.

XVI.

Of amendments.

Amendments may be made by leave of Court, in any part of the proceedings, or stage of the cause, on such terms as they may judge reasonable and proper.

XVII.

Of depositions in perpetuam.

Depositions in perpetuam rei memoriam may be taken for and used in the same manner in the trials of cases in chancery, as in cases in the Courts of common law; provided they are taken and recorded in conformity to the statute in such case made and provided.

XVIII.

Of bills of revivor.

In those cases where, according to chancery practice in said Courts, a bill of revivor would be necessary, the original bill may be amended according to existing facts, if a change has taken place as to the person entitled to prosecute the suit; and if the change taken place relates to the person or persons proper to defend, a suggestion thereof shall be inserted by way of amendment of the bill, and a subpæna shall be served as before mentioned, on the person substituted or joined, to appear and answer to the bill.

XIX.

Of supplemental bills.

And when, according to chancery practice in said Courts, a supplemental bill becomes necessary and proper, the same may be dispensed with; and the new facts shall be inserted by way of amendment of the original bill, at any time before decree; and where new parties are rendered necessary in the defence, a subpæna shall be served on them as aforesaid, to answer to the bill.

RULES AND ORDERS

OF THE

SUPREME COURT OF THE UNITED STATES.

I.

February Term, 1790.

Ordered, That the Clerk of this Court do 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 same.

II.

February Term, 1790.

Ordered, That (until farther order) it 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 State to which they respectively belong, and that their private and professional characters shall appear to be fair.

III.

February Term, 1790.

Ordered, That counsellors shall not practice as attorneys, nor attorneys as counsellors, in this Court.