livered after the sixth day of the term, either party will be entitled to a continuance.

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 docketed 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.

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.

XX.

February Term, 1808.

ORDERED, That all parties in this court, not being residents of the United Staies, shall give security for the costs accruing in this court, to be entered on the record.

[c]

XXI.

February Term, 1808.

ORDERED, That upon the clerk of this court producing satisfactory evidence by affidavit, or the acknowledgement 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.

XXII.

February Term, 1810.

ORDERED, That upon the reversal of a judgment or decree of the circuit court, the party in whose favour the reversal is, shall recover his costs in the circuit court.

XXIII.

February Term, 1812.

ORDERED, That only two counsel be permitted to argue for each party, plaintiff and defendant, in a cause.

XXIV.

February Term, 1812.

There having been, two associate justices of the court appointed since its last session; It is Ordered, That the following allotment be made of the Chief Justice, and of the associate justices of the said Supreme Court among the circuits, agreeably to the act of congress in such case made and provided, and that such allotment be entered or ordred, viz.

For the first Circuit-The Honourable Joseph Story. For the second Circuit-The Honourable Brockholst Livingston. For the third Circuit-The Honourable Bushrod Washington. For the fourth Circuit-The Honourable Gabriel Duvall. For the fifth Circuit-The Honourable John Marshall, Ch. J. For the sixth Circuit-The Honourable William Johnson. For the seventh Circuit-The Honourable Thomas Todd.

XXV.

February Term, 1816.

IT IS ORDERED by The Court, That in all cases where farther 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.

REPORTS

OF

THE DECISIONS

OF THE

SUPREME COURT OF THE UNITED STATES,

FEBRUARY TERM, 1816.

(LOCAL LAW.)

Negress SALLY HENRY, by WILLIAM HENRY, her father and next friend, v. BALL.

The act of assembly of Maryland, prohibiting the importation of slaves into that state for sale or to reside, does not extend to a temporary residence, nor to an importation by a hirer or person other than the master or owner of such slave.

ERROR on judgment, rendered by the circuit éourt for the county of Washington, in the District of Columbia, against the plaintiff, who was in that court a pétitioner for freedom.

The plaintiff being a child, and the slave of the defendant, who resided in Virginia, was, some short