A certificate from the clerk of the circuit court that he cannot
make out the record in time to comply with the 63d Rule of this
Court does not furnish a sufficient reason for an extension of the
time prescribed by that rule.
Mr. Lawrence, of counsel for the plaintiffs in error in these
cases, filed certificates of the Clerk of the Circuit Court of the
United States for the Eastern District of Louisiana stating that
judgments were entered against the plaintiffs in error in that
court on the 16th day of November, 1855, and that writs of
Page 59 U. S. 41
error were duly applied for and allowed on the 21st of November,
1855, returnable to the December term, 1855, of the Supreme Court
of the United States. The certificates further stated that the
clerk could not, consistently with the other duties of his office,
make out and have ready the transcripts of the records and
proceedings at the opening of the term of the Supreme Court, nor
within less than ninety days thereafter.
Whereupon, Mr. Lawrence applied for an extension of time under
the 63d rule of this Court.
MR. JUSTICE McLEAN delivered the opinion of the Court.
In the above cases writs of error were allowed on the 21st day
of November last, the judgments having been entered on the 16th of
that month. The clerk of the circuit court certifies that he
cannot, consistently with the other duties of his office, make out
and have ready the transcript of the record and proceedings in the
said causes in time for the same to reach Washington City at the
opening of the term of the Supreme Court, nor within less than
ninety days thereafter.
On this statement of the clerk, a motion is made for longer time
to certify the record.
At the December term, 1853, this Court adopted a rule requiring,
where a judgment or decree was entered thirty days before the
succeeding term of this Court, that the writ of error or appeal
should be entered on the record of this Court, and the record filed
within the first six days of the term. But if less than thirty days
intervene, between the entry of the judgment or decree, and the
sitting of this Court, the case should be entered on the docket of
this Court, and the record filed, within thirty days from the
commencement of the term.
The above rule was adopted to prevent unnecessary and improper
delays, in prosecuting writs of error or appeals in this Court from
the inferior courts. Thirty days from the commencement of this term
affords ample time to the clerk to make out and forward the records
in the above cases. The rules of this Court can in no respect
depend upon the convenience of the clerks of the inferior
courts.
Extension denied and motion overruled.