“ Mr Mason, counsel for the defendant in error, having stated to the court that the plaintiffs in error, in this cause, had lodged with the clerk of this court a transcript of the record in the cause, but had failed to have said transcript filed, or the cause docketed, in pursuance of the rules of this court; moved the court to docket and dismiss this writ of error, under the nineteenth rule of this court for February term 1806, and to dispense with the certificate required by said rule, but to substitute the transcript for and as a certificate. ”