IV.

February Term, 1790.

Ordered, That they shall respectively take the following oath, viz. I, do solemnly swear, that I will demean myself (as an attorney or counsellor of the Court) uprightly, and according to law, and that I will support the Constitution of the United States.

V.

February Term, 1790.

Ordered, That (unless and until it shall be otherwise provided by law) all process in this Court shall be in the name of the President of the United States.

VI.

February Term, 1791.

Ordered, That the counsellors and attorneys admitted to practice in this Court, shall take either an oath, or, in proper cases, an affirmation, of the tenor prescribed by the rule of this Court on this subject, made February term, 1790. viz. I

do solemnly swear, (or affirm, as the case may be,) that I will demean myself, as attorney or counsellor of this Court, uprightly and according to law, and that I will support the Constitution of the United States.

VII.

August Term, 1791.

The Chief Justice, in answer to the motion of the Attorney General, informs him and the bar, that this Court consider the practice of the Court 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 such alterations therein as circumstances may render necessary.

VIII.

February Term, 1795.

The Court give notice to the gentlemen of the bar, that hereafter they will expect to be furnished with a statement of the material points of the case, from the counsel on each side of the

cause.

IX.

February Term, 1795.

The Court declared, that all evidence on motions for a discharge upon bail, must be by way of deposition, and not viva

voce.

X.

1

August Term, 1796.

Ordered, That 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 farther, that if the defendant, on such service of the subpoena, should not appear at the return day contained therein, the complainant shall be at liberty to proceed ex parte.

XI.

February Term, 1797.

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 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.

XII.

August Term, 1797.

It is ordered by the Court, that no record of the Court be

suffered by the Clerk to be taken out of his office but by the consent of the Court; otherwise to be responsible for it.

XIII.

August Term, 1800.

Ordered, That the plaintiff in error be at liberty to show, to the satisfaction of this Court, that the matter in dispute exceeds the sum or value of 2,000 dollars, exclusive of costs; this to be made appear by affidavit, and

days notice to the opposite party, or their counsel. Rule as to affidavits to be mutual.

XIV.

August Term, 1801.

Ordered, That Counsellors may be admitted as Attorneys in this Court, on taking the usual oath.

XV.

August Term, 1801.

It is ordered, That in every cause when the defendant in error fails to appear, the plaintiff may proceed ex parte.

XVI.

February Term, 1803.

It is ordered, That where the writ of error issues within thirty days before the meeting of the Court, the defendant is at liberty to enter his appearance, and proceed to trial; otherwise the cause must be continued.

XVII.

February Term, 1803.

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.

XVIII.

February Term, 1803.

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.

XIX.

February Term, 1806.

All causes, the records of which shall be delivered to the Clerk on or before the sixth day of the term, shall be considered as for trial in the course of that term. Where the record shall be delivered after the sixth day of the term, either party will be entitled to a continuance.

XX.

February Term, 1806.

In all cases where a writ of error shall be a supersedeas to a judgment, rendered in any Court of the United States (except that for the District of Columbia,) at least thirty days previous to the commencement of any term of this Court, it shall be the duty of the plaintiff in error to lodge a copy of the record with the Clerk of this Court, within the first six days of the term, and if he shall fail so to do, the defendant in error shall be permitted, afterwards, to lodge a copy of the record with the Clerk, and the cause shall stand for trial in like manner as if the record had come up within the first six days; or he may, on producing a certificate from the Clerk, stating the cause, and that a writ of error has been sued out, which operates as a supersedeas to the judgment, have the said writ of error dock

eted and dismissed. This rule shall apply to all judgments rendered by the Court for the District of Columbia, at any time prior to a session of this Court.

XXI

February Term, 1806.

In cases not put to issue at the August term, it shall be the duty of the plaintiff in error, if errors shall not have been assigned in the Court below, to assign them in this Court at the commencement of the term, or so soon thereafter as the record shall be filed with the Clerk, and the cause placed on the docket; and if he shall fail to do so, and shall also fail to assign them when the cause shall be called for trial, the writ of error may be dismissed at his cost; and if the defendant shall refuse to plead to issue, and the cause shall be called for trial, the Court may proceed to hear an argument on the part of the plaintiff, and to give judgment according to the right of the

cause.

XXII.

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.

XXIII.

February Term, 1808.

Ordered, That upon the Clerk of this Court producing satisfactory evidence by affidavit, or acknowledgment of the parties, or their sureties, of having served a copy of the bill of costs, 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 payment of the said costs.