must be taken away by the parties within one month after the case is decided. When this is not done, it shall be the duty of the marshal to notify the counsel in the case, by mail or otherwise, of the requirements of this writing for the appeal, or writ of error, addressed to the court below, or the judge thereof in vacation. (2) The petition must be accompanied with an assignment of errors, and a prayer for reversal. (3) Appeal or writ of error bond, approval thereof, and the signing of the citation by the judge allowing the appeal or writ. (4) Order in writing of the judge allowing the writ of error or appeal. (5) Issuing the writ of error by the clerk of the Circuit Court or of this court. (6) In case it is desired to have the writ of error issued by the clerk of this court, a certified copy of the petition and order allowing the writ, under the seal of the court, with a fee of five dollars for issuing it, must be transmitted to the clerk of this court, and the writ will be issued and forwarded to the clerk of the court below. All of the above papers and proceedings should be filed with the clerk of the lower court, and incorporated into and certified up in the record by him to this court, except the writ of error and the citation, the originals of which, after having been duly served, must be attached to and bound in the record at their respective places. (For service of writ of error, see sec. 1007, Revised Statutes.) Rules of this court, blank writs of error, appeal and supersedeas bonds, citations, and orders of appearance, may be had of the clerks of the lower courts, or of the clerk of this court, upon application. See for instructions to clerk in making up the record, 90 Fed. R. lxxxvi.

DOCKETING CASES AND PRINTING RECORDS.

Upon a record being filed, the case is docketed and put upon the calendar for argument at the next term or adjourned term occurring thereafter, provided the record has been or can be printed twenty days before the said term or adjourned term. Counsel transmitting a record to this court must accompany the same with an order for their appearance for the appellant or plaintiff in error, and also for a deposit of $25 for account of costs of this court. The clerk of this court will, immediately upon a record being filed, send to the counsel an estimate of the cost of printing, which amount must be deposited within ten days as provided in Rule 23 as amended. A headline at the top of each page, containing the title of the case, should also be printed in the records, so that, when bound in volumes, there shall be not only uniformity in appearance and style, but the eye will be enabled to catch the particular case at once upon opening the volume. It is important that records should be made up and forwarded to this office as promptly as possible after the appeal or writ is allowed, and not held until the near approach of the next term; especially so when the records are to be printed after filing. It will enable the printer to give more time and attention to the printing, and insure the cases being ready and the work more correctly done. No record, when once filed, can be withdrawn for the purpose of having it printed elsewhere." In the Fifth Circuit there are the following additional rules:

“Rule 35. Order in relation to assignment of cases for hearing.— Thirty days prior to the opening of the regular session of the court, the clerk is directed to assign cases for hearing during the first month of the term at the rate of two cases per day for the first three days of each week. Any cases entitled by law to preference in hearing shall be first assigned, and thereafter causes shall be grouped by States, and assignments made so as to permit the hearing of causes from one State before the causes from the next State in order shall be called."

"Rule 36. It is ordered that, whenever a full bench of three judges shall not be made up by the attendance of the associate justice of the Supreme Court assigned to the circuit and of the circuit judges, so many of the district judges in the order of seniority of their respective commissions, and qualified to sit, as may be necessary to make up a full court of three judges, are hereby designated and assigned to sit in this court; provided, however, that the court may at any time, by particular assignment, designate any district judge to sit as aforesaid."

"Rule $7. Writs of error in criminal cases.—1. Writs of error to review criminal cases tried in any District or Circuit Court of the United States within this circuit, which may be reviewed under the provisions of the act of March 3, 1891, creating this court, and the act of Congress amendatory thereof, approved January 20, 1897, may be allowed in term time or in vacation by the circuit justice assigned to this circuit, by either of the circuit judges or by any district judge who presided on the trial and the proper security to be taken, and the

rule; and, if the articles are not removed within a reasonable time after the notice is given, he shall destroy them, or make such other disposition of them as to him may seem best.

citation be signed by him, and he may also grant a supersedeas and stay of execution or proceedings pending the determination of such writ of error. 2. Where such writ of error

is allowed in any criminal case as aforesaid, the Circuit Court or District Court, before which the accused was tried, or the trial judge or the circuit justice assigned to the circuit, or either of the circuit judges, shall have the power, after the citation has been duly served, to admit the accused to bail in such amount as may be fixed, such bail bond to be, as near as may be, in the form prescribed in the appendix to these rules." For the appendix to this rule see 90 Fed. R. xcvii.

In the Sixth Circuit there are the following rules:

"Rule 35. Testimony in admiralty case after appeal.-In admiralty appeals no testimony shall be taken except under a commission issued from this court to a clerk of a United States court or a United States commissioner, by direction of the court, the circuit justice, or either circuit judge, qualified to sit on appeal in said case, after cause shown to such court, justice or judge, that such evidence is material and necessary, and could not by due diligence have been produced at the original hearing. Such testimony shall be taken only upon interrogatories settled by such court, justice, or judge upon at least ten days' previous notice to the opposing party or his attorney (accompanied with a copy of the proposed interrogatories), and upon cross-interrogatories to be settled at the same time, after five days' previous notice of the same, with copy thereof, to be served upon counsel offering testimony." See also a rule as to disposition of fees and costs, by the clerk, Rule 36, 90 Fed. R. cvii.

"Rule 87. Call and order of the docket.-1. The court on the first day of each calendar session will begin calling the cases for argument in the order in which they stand on the docket and proceed from day to day during the session in the same way. If the parties or either of them shall be ready when the case is called, the same will be heard, and if neither party shall be ready to proceed with the argument the case will be continued to the next calendar session. 2. Each day calendar shall consist of six cases next in order after the last case submitted on the previous day, but the calendar will not include any case continued or passed by the court on stipulation of counsel before adjournment of court of the previous day. The calendar for each day shall be exhibited in the clerk's office at the adjournment of court on the previous day. Counsel choosing to rely on the judgment of the clerk as to the probable time of the hearing of any case, otherwise shown in the day's calendar above provided for, must do so at their own risk. 3. Two or more cases involving the same question may by leave of the court be heard together, but the must be argued as one case.

"Rule 38.- An appeal or writ of error from a Circuit Court or District Court to this court in cases provided for in section 6 and 7 of the act entitled 'An act to establish Circuit Courts of Appeals, and to define and regulate in certain cases the jurisdiction of the courts of the United States, and for other purposes,' approved March 3, 1891, and acts to amend said act, approved February 18, 1895, and January 20, 1897, may be allowed in term time or vacation by the circuit justice or by either circuit judge within the circuit or by any district judge within his district, and the proper security be taken and the citation be signed by him, and he may also grant a supersedeas and stay of execution or proceedings, pending such writ of error or appeal. 2. When such writ of error to this court is allowed in the case of a conviction of an infamous crime or in any other criminal cases in which it will lie, the Circuit Court or District Court, or any justice or judge thereof, shall have power, after the citation is served, to admit the accused to bail in such amount as may be fixed." 90 Fed. R. cvii-cviii. See note to this rule, 90 Fed. R. cviii.

In the Eighth Circuit there is an additional Rule 35, which is the same as Rule 37 in the Fifth Circuit, set out supra. See appendix to this rule, 90 Fed. R. cxxxi, for form of bail bond.

In the Ninth Circuit there are three additional rules:

"35. Assignment of causes for hearing.-1. Thirty days prior to the opening of any calendar session of the court, the clerk is directed to assign causes for hearing at the rate of one case for each Monday and two cases per day for the following four days of each week. Causes shall be grouped by States, and assignments made, so as to permit the hearing of causes from one State before the causes from the next State in order shall be called; causes

ADMIRALTY RULES OF THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT.

The following are the rules in Admiralty adopted on July 1, 1892:

RULE I.

APPEALS AND NEW PLEADINGS.

An appeal to the Circuit Court of Appeals shall be taken by filing in the office of the clerk of the District Court, and serving on the proctor of the adverse party, a notice signed by the appellant or his proctor, that the party appeals to the Circuit Court of Appeals from the decree complained of.

If the notice does not so state, the appeal shall be heard on the pleadings and evidence in the District Court, unless the appellate court, on motion, otherwise order.

RULE II.

NOTICE AND BOND.

SECTION 1. When a notice of appeal is served, the appellant shall file in the clerk's office of the District Court a bond for costs of the appeal, with sufficient surety in the sum of $250, conditioned that the appellant shall prosecute his appeal to effect and pay the costs, if the appeal is not sustained. Such security shall be given within ten days after filing the notice, or the appeal shall be deemed abandoned, and the decree of the court below enforced, unless otherwise ordered by a judge of this conrt.

SEC. 2. And if the appellant desires to stay the execution of the decree of the court below, the bond which he shall give shall be a bond with sufficient surety in such further sum as the judge of the District Court or a

from the Northern District of California shall be assigned for hearing last. Any cause entitled by law to preference in hearing shall be first assigned and take precedence over other causes from the same State. 2. A stipulation to continue a case to the foot of the calendar, or in any way change the day assigned for hearing, will not be recognized as binding upon the court, and no such change will be made except by order of the court for reason shown. 3. Ten days before each calendar session of the court the clerk shall prepare and cause to be printed a calendar of the causes assigned for the approaching session.

"Rule 36. Terms and sessions of the court.-1. One session of this court shall be held annually on the first Monday of October, and adjourned sessions on the first Monday of each month in the year. All sessions shall be held at San Francisco unless otherwise especially ordered by the court. 2. The October, February and May sessions shall be known as calendar sessions, and shall be sessions for the trial of all causes that shall have been placed upon the calendar in pursuance of Rule 35. 3. A term of this court shall be held annually in the city of Seattle in the State of Washington, and in the city of Portland in the State of Oregon. The Seattle term shall be held beginning upon the second Monday in September, and the term at Portland shall be held beginning upon the third Monday in September. All appeals and writs of error from the Circuit and District Courts for the district of Washington shall be heard at said annual term in the city of Seattle, unless it is stipulated by the parties thereto that they be heard at San Francisco. Appeals and writs of error from the Circuit and District Courts for the districts of Idaho and Montana may, upon the stipulation of the parties thereto, be heard at the annual term to be held either at Seattle or Portland.

"Rule 37. Certification of printed matter.-In all cases where printed matter is certified, the fees of the clerk of this court for certifying to such printed matter are hereby fixed at the rate of twenty cents per folio of one hundred words."

judge of this court shall order, conditioned that he will abide by and perform whatever decree may be rendered by this court in the cause, or on the mandate of this court by the court below.

SEC. 3. The appellant shall, on filing either of such bonds, give notice of such filing, and of the names and residence of the sureties, and if the appellee, within two days, excepts to the sureties, they shall justify, on notice, within two days after such exception.

RULE III.

REVIEW IN PART ONLY.

The appellant may also, at his option, state in his notice of appeal that he desires only to review one or more questions involved in the cause, which questions must be clearly and succinctly stated; and he shall be concluded in this behalf by such notice, and the review upon such an appeal shall be limited to such question or questions.

RULE IV.

APOSTLES ON APPEAL TO CONTAIN.

SECTION 1. The apostles, on appeal to this court, shall, in cases where a general notice of appeal is served, consist of the following:

(1) A caption exhibiting the proper style of the court and the title of the cause, and a statement showing the time of the commencement of the suit; the names of the parties, setting forth the original parties and those who have become parties before the appeal, if any change has taken place; the several dates when the respective pleadings were filed; whether or not the defendant was arrested, or bail taken, or property attached, or arrested, and, if so, an account of the proceedings thereunder; the time when the trial was had, and the name of the judge hearing the same; whether or not any question was referred to a commissioner or commissioners, and, if so, the result of the proceedings and report thereon; the date of the entry of the interlocutory and final decrees; and the date when the notice of appeal was filed.

(2) All the pleadings, with the exhibits annexed thereto.

(3) All the testimony and other proofs adduced in the cause.

(4) The interlocutory decree and any order of the court which appellant may desire to have reviewed on the appeal.

(5) Any report of a commissioner or commissioners to which exception may have been taken, with the order or orders of the court respecting the same, and the exceptions to the report, and so much of the testimony taken in the proceeding as may be necessary to a review of the excep tions.

(6) All opinions of the court, whether upon interlocutory questions or finally deciding the cause; and

(7) The final decree, and the notice of appeal.

(8) The assignments of error.

SEC. 2. All other papers shall be omitted unless otherwise ordered by the judge who heard the cause.

SEC. 3. Where the appellant shall appeal specially and seek only to review one or more questions involved in the cause, the apostles may, by stipulation between the proctors for the respective parties, contain only such papers and proceedings and evidence as are necessary to review the questions raised by the appeal.

RULE V.

CERTIFYING RECORDS.

The appellants shall, within thirty days after giving notice of appeal, procure to be filed in this court the apostles certified by the clerk of the District Court, or in case of a special appeal, the stipulated record with the certification by the said clerk of all papers contained therein on file in his office.

RULE VI.

IF APPEARANCE OF APPELLEE NOT ENTERED.

If the appellee does not cause his appearance to be entered in this court within ten days after service on his proctor of notice that the apostles are filed in this court, the appellant may proceed ex parte in the cause, and have such decree as the nature of the case may demand.

RULE VII.

NEW ALLEGATIONS, ETC.

Upon sufficient cause shown, this court, or any judge thereof, may allow either appellant or appellee to make new allegations or pray different relief, or interpose a new defense, or take new proofs. Application for such leave must be made within fifteen days after the filing of the apostles and upon at least four days' notice to the adverse party.

RULE VIII.

NEW PLEADINGS-NEW TESTIMONY.

If leave be granted to make new allegations, pray different relief or interpose a new defense, the moving party shall, within ten days thereafter, serve such new pleading, duly verified, on the adverse party, who shall, if such pleading be a libel, within twenty days answer on oath.

If leave be given to take new testimony, the same may be taken and filed within thirty days after the entry of the order granting such leave, and the adverse party may take and file counter testimony within twenty days after such filing.

Such testimony shall be taken by deposition before any United States commissioner or notary public, upon reasonable notice in writing given to the opposite party; or by commission issued out of this court with interrogatories annexed. Upon proper cause shown, the court may grant an open commission.