United States Statutes at Large/Volume 1/3rd Congress/2nd Session/Chapter 3
Chap. Ⅲ.—An Act to amend and explain the twenty-second section of “the act establishing the Judicial Courts of the United States.”
Act of Sep. 24, 1789.Whereas by the twenty-second section of the act entitled “An act to establish the Judicial Courts of the United States,” it is provided that “Every justice or judge signing a citation on any writ of error, shall take good and sufficient security that the plaintiff in error shall prosecute his writ to effect, and answer all damages and costs, if he fail to make his plea good.” And whereas doubts have arisen as to the extent of the security to be required in certain cases:—
Security to be taken on signing citation on writ of error, &c.Be it enacted and declared by the Senate and House of Representatives of the United States of America in Congress assembled, That the security to be required and taken on the signing of a citation on any writ of error, which shall not be a supersedeas and stay execution, shall be only to such an amount, as in the opinion of the justice or judge taking the same, shall be sufficient to answer all such costs as, upon an affirmance of the judgment or decree, may be adjudged or decreed to the respondent in error.
Approved, December 12, 1794.