Interest on

ceeding the suggestion, and no measures are taken by the opposite party within that time to compel their appearance, the case shall abate.

This rule shall apply to cases now on the docket, as well as to cases hereafter brought. And those now on the docket and falling within the rule, shall abate on the tenth day of December Term, 1852, unless upon special cause shown the Court shall direct otherwise.

No. 62.

(DECEMBER TERM, 1851.)

In cases where a writ of error is prosecuted to judgments, &c. the Supreme Court, and the judgment of the inferior Court is affirmed, the interest shall be calculated and levied from the date of the judg ment below until the same is paid, at the same rate that similar judgments bear interest in the courts of the State where such judgment is rendered.

Entry.

The same rule shall be applied to decrees for the payment of money in cases in Chancery, unless otherwise ordered by this Court.

This rule to take effect on the first day of December Term, 1852.

No. 63.

(DECEMBER TERM, 1853.)

First. 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 the 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 commencement of the term, it shall be the duty of the plaintiff 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 this rule, the defendant in error or appellee may have the cause docketed and dismissed Docketing and upon producing a certificate from the Clerk of the Court wherein the judgment or decree was rendered, stating the cause and certifying that such writ of error or appeal has been duly 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 the rule, unless by order of the Court or the consent of the opposite party.

Second. But the defendant in error or appellee may at his option docket the case 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 either party within the periods of time above limited and described by this rule the case shall stand for argument at the term.

dismissing.

Third. 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 and appeals from California, Oregon, Washington, New Mexico, and Utah.-May 2, 1854. (See Rules

19, 30, 43.)

II.

FORMS OF WRITS OF ERROR AND APPEALS.

WRIT OF ERROR.

United States of America, 88.

The President

of the United States. To the Judges of the Circuit Court holden in and for the District of Massachusetts (or to the Judges of the Supreme Court of the State of ) Greeting. Because that in the record and process, and also in the rendering of judgment in a suit before you, or some of you, between

Plaintiff and

Defendant in a plea of (or, "in a suit in Equity," if it be a suit in equity in a state court) a manifest error has intervened to the great damage of the said

as in

complaint has been stated. And as it is just and proper that the error, if any there be, should be corrected in due manner, and that full and speedy justice should be done to the parties aforesaid in this behalf, you are hereby commanded, that, if judgment thereof be given, then under your seal you do distinctly and openly send the record and process in the suit aforesaid, with all things concerning them, and this writ, so that you have the same before the Chief Justice and the associate Justices of the Supreme Court of the United

States, on the first Monday of December next, at Washington, being the present seat of the national government, that the record and process aforesaid being inspected, they may cause to be done thereupon what of right ought to be done.

Witness, the Honorable

Chief Justice of the said Supreme

Esquire,

Court, at

Washington, aforesaid, this

day of

[Mutatis mutandis, the same Citation may be used in an

appeal.]

United States of America, ss.

To

Greeting: you are here

by cited and admonished to be and appear at a Supreme Court of the United States to be holden

at Washington, on the

Monday in

next, pursuant to a writ of error

filed in the Clerk's office of the Circuit Court of

the United States for the District of

(or the Supreme Court of the State of

wherein

is plaintiff and you are defendant in error, to show cause, if any there be, why the judgment in the said writ of error mentioned should not be corrected, and speedy justice should not be done to the parties in that behalf.