Entered according to Act of Congress in the year 1869, by

WILLIAM JENNISON,

In the Clerk's Office of the District Court of the United States, for the Eastern District of Michigan.

5-11-1869

PRINTED BY THE

TRIBUNE PRINTING ESTABLISHMENT, 214 JEFFERSON AVE., Detroit,

Justice CHRISTIANCY was prevented, by sickness, from hearing the causes

argued at the April Term, 1868, at Detroit.

Jared Patchin was elected November 3, 1868, to fill vacancy.

Now deceased. The office is vacant.

COURT RULES.

At the October Term, 1868, at Detroit, the following rules were adopted to stand as No. 56 of the Supreme Court and No. 100 and 101 of the Circuit Court:

SUPREME COURT.

No. 56. When, after the death of one party to a judgment without survivors and before his representatives have revived the same, the adverse party sues out a writ of error from this court, no notice need be given of such issue until the same is returned. But the plaintiff in error, or the representatives of the adverse party to the judgment, may at any time after such return file an affidavit of such death, and of the appointment of such representatives, and thereupon suggest the same of record, and the time for assigning error shall not begin to run until said plaintiff in error shall make such suggestion, or until he is notified of such suggestion, if made by such representatives. No scire facias shall be necessary in this court to hear errors or to revive such judgment, but after such suggestion the case shall proceed as if such representatives had been brought in originally as respondents.

CIRCUIT COURT.

No. 100. A scire facias shall not be necessary to revive a judg ment after the Ceath of either party; but, in lieu of such writ, a motion may be mad upon affidavit and notice to revive the same; and an order of revival made upon such motion shall have as full force and effect as if proceedings had been had by scire facias.

No. 101. When, after trial or judgment, and before the final settlement of a bill of exceptions, finding, or case for review, either party shall die leaving no survivor, the representatives of the deceased party, when they have notified the adverse party of their appointment, shall be entitled to notice of any further proceedings on his behalf to perfect such settlement, and shall notify him of all further proceedings on their own behalf for that purpose. But if such bill, finding or case shall have been settled on behalf of the adverse party before he is so notified of such appointment, such representatives may, within thirty days after their appointment and qualification, apply to the judge who heard the cause to have the same opened for further settlement upon amendments proposed by them, on such notice as he shall direct to the adverse party. And no delay between the death of such decedent, and the notice to be given by his representatives of their appointment, shall prejudice the adverse party, or cause him to lose any of his rights in obtaining any such settlement.