JUDGES

OF THE

SUPREME COURT OF THE UNITED STATES,

DURING THE TIME OF THESE REPORTS, WITH THE

DATES OF THEIR COMMISSIONS.

The Hon. JOHN MARSHALL, Chief Justice-January 31st, 1801.

The Hon. BuSHROD WASHINGTON, Associate Justice December 20th, 1798

The Hon. WILLIAM JOHNSON, Associate JusticeMarch, 1804.

The Hon. BROCKHOLST LIVINGSTON, Associate Justice-November 20th, 1806.

The Hon. THOMAS TODD, Associate Justice1807.

The Hon. GABRIEL DUVALL, Associate JusticeNovember 18th, 1811.

The Hon. JOSEPH STORY, Associate Justice-November 18th, 1811.

RICHHRD RUSH, Esq. Attorney General-appointed February 10th, 1814.

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.

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 attorneygeneral, 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.

August Term, 1796.

ORDERED, That process of subpœna, 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.

In the case of Course v. Stead's Executors,

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, in Georgia. mutual.

Rule as to affidavits to be