EIGHTH CIRCUIT. [The rules as originally adopted, where identical with those of the other circuits, will be found at pages XXV-xxxvi. Only such originally adopted rules as were not identical with those of the other circuits, and amendments. changes, and repeals of the rules as originally adopted, are given under this head, reference being made to the others in their proper places.] 1. [As originally adopted. See page xxv.] 2. [As originally adopted. See page xxv.] 3. [This rule as originally adopted read as follows: "Terms. One term of this court shall be held annually at the city of St. Louis on the second Monday of October, and shall be adjourned to such times and places as the court may from time to time designate." As now amended it reads as follows:] In accordance with the provisions of the act of Congress, approved June 9, 1902, requiring the circuit court of appeals of the Eighth judicial circuit to hold a term of court annually in the city of St. Paul and in the city of Denver or in the city of Cheyenne, ordered, that rule 3 of this court be and the same is hereby amended so as to read as follows: Three terms of this court will be held annually, one at the city of St. Paul on the first Monday of May, one at the city of Denver on the first Monday of September and one at the city of St. Louis on the first Monday of December. Cases from Minnesota, North Dakota, South Dakota, Nebraska, Iowa, Kansas, Missouri, Arkansas, Oklahoma and the Indian Territory in which transcripts are nied on or before the 1st day of April, and cases from Colorado, Utah, Wyoming and New Mexico in which transcripts and stipulations of the parties for their hearing at the May term in St. Paul are filed on or before the 1st day of April, and those only, will be heard at the succeeding May term of the court in St. Paul. Cases from Colorado, Wyoming, Utah and New Mexico in which transcripts are filed on or before the 1st day of July, and cases from the remainder of the circuit in which transcripts and stipulations of the parties for their hearing at the September term in Denver are filed on or before the 1st day of July, and those only, will be heard at the succeeding September term in Denver. Cases from Minnesota, North Dakota, South Dakota, Nebraska, Iowa, Kansas, Missouri, Arkansas, Oklahoma and the Indian Territory in which transcripts are filed on or before the 1st day of October, and cases from Colorado, Wyoming, Utah and New Mexico in which transcripts and stipulations of the parties for their hearing at the December term in St. Louis are filed on or before the 1st day of October, and those only, will be heard at the succeeding December term in St. Louis. These terms of the court may be adjourned to such times and places as the court may from time to time designate. [Promulgated June 16, 1902.] 4. [As originally adopted. See page xxv.] 5. [As originally adopted. See page xxvi.] 6. [Amended by the omission of paragraph 1 as originally adopted.] MARSHAL, CRIER, AND OTHER OFFICERS. The marshal and crier shall be in attendance during the sessions of the court, with such number of bailiffs and messengers as the court may, from time to time, order. 7. [The first section of this rule reads as originally adopted. The second section was added by amendment June 27, 1892.] ATTORNEYS AND COUNSELORS. 1. All attorneys and counselors admitted to practice in the supreme court of the United States, or in any circuit court of the United States, or in the supreme court of any state in this circuit may, upon motion of some member of the bar of this court, be admitted as attorneys and counselors in this court on taking an oath or affirmation in the form prescribed by rule 2 of the supreme court of the United States, and on subscribing the roll; but no fee shall be charged therefor. 2. And any attorney and counselor admitted to practice in the courts of highest original jurisdiction in the states and territories of this circuit or in the supreme courts of such states and territories, or in the district or circuit courts of the United States for this circuit, will be admitted to practice and enrolled as an attorney and counselor of this court, upon furnishing to the clerk of this court a certificate of a clerk or judge of any one of the courts named that the applicant is an attorney of any one of said courts; and upon subscribing and forwarding to the clerk the following oath: "I do solemnly swear (or affirm) that I will demean myself as an attorney and counselor of the circuit court of appeals for the Eighth circuit, uprightly and according to law; and that I will support the Constitution of the United States. So help me God." 8. [As originally adopted. See page xxvii.] 9. [As originally adopted. See page xxvii.] 10. [As originally adopted. See page xxvii.] 11. [As originally adopted. See page xxvii.] 12. [As originally adopted. See page xxviii.] 13. [As originally adopted. See page xxviii.] 14. [This rule, as originally adopted, was amended February 10, 1896, by adding to the second paragraph the words in brackets.] WRITS OF ERROR, APPEALS, RETURN, AND RECORD. 1. The clerk of the court to which any writ of error may be directed shall make a return of the same by transmitting a true copy of the record, bill of exceptions, assignment of errors, and all proceedings in the case, under his hand and the seal of the court. 2. In all cases brought to this court, by writ of error or appeal, to review any judgment or decree, the clerk of the court by which such judgment or decree was rendered shall annex to and transmit with the record a copy of the opinion or opinions filed in the case, [and in cases at law a complete copy of the charge of the court to the jury]. 3. No case will be heard until a complete record, containing in itself, and not by reference, all the papers, exhibits, depositions, and other proceedings, which are necessary to the hearing in this court, shall be filed. 4. Whenever it shall be necessary or proper, in the opinion of the presiding judge in any circuit or district court, that original papers of any kind should be inspected in this court upon writ of error or appeal, such presiding judge may make such rule or order for the safekeeping, transporting, and return of such original papers as to him may seem proper; and this court will receive and consider such original papers in connection with the transcript of the proceedings. 5. All appeals, writs of error, and citations must be made returnable not exceeding sixty days from the day of signing the citation, whether the return day fall in vacation or in term time, and be served before the return day. 6. The record in cases of admiralty and maritime jurisdiction shall be made up as provided in general admiralty rule No. 52 of the supreme court. 15. [As originally adopted. See page xxix.] 16.11 [As originally adopted. See page xxix.] 17. [As originally adopted. See page xxx.] 18. CERTIORARI. No certiorari for diminution of the record will be awarded in any case, unless a motion therefor shall be made in writing, and the facts on which the same is founded shall, if not admitted by the other party, be verified by affidavit. And all motions for such certiorari must be made at the first term of the entry of the case; otherwise the same will not be granted, unless upon special cause shown to the court, accounting satisfactorily for the delay. 19. [As originally adopted. See page xxx.] 20. [As originally adopted. See page xxxi.] 21. [As originally adopted. See page xxxii.] 11 A deposit of $25 to secure clerk's costs is required before the record in a cause is filed and docketed. 150 F.-h 22. [Amended by the insertion of the words "in error or appellant" in the third line of the first paragraph.] PARTIES NOT READY. 1. Where no counsel appears, and no brief has been filed for the plaintiff in error or appellant, when the case is called for trial, the defendant may have the plaintiff in error or appellant called and the writ of error or appeal dismissed. 2. Where the defendant in error or appellee fails to appear when the case is called for trial, the court may proceed to hear an argument on the part of the plaintiff in error or appellant, and to give judgment according to the right of the case. 3. When a case is reached in the regular call of the docket, and there is no appearance for either party, the case shall be dismissed at the cost of the plaintiff in error or appellant. 23. PRINTING RECORDS. 1. The plaintiff in error or appellant may, within twenty days after the allowance of any writ of error or appeal, serve on the adverse party a copy of a statement of the parts of the record which he thinks necessary for the consideration of the errors assigned, and file the same, with proof of service thereof, with the clerk of this court; the adverse party, within twenty days thereafter, may designate in writing and file with the clerk additional parts of the record which he thinks material, and, if he shall not do so, he shall be held to have consented to a hearing on the parts designated by the plaintiff in error or appellant. If parts of the record shall be so designated by one or both of the parties, the clerk shall print those parts only; and the court will consider nothing but those parts of the record in determining the questions raised by the errors assigned. If at the hearing it shall appear that any material part of the record has not been printed, the writ of error or appeal may be dismissed, or such other order made as the circumstances may appear to the court to require. If the defendant in error or appellee shall have caused unnecessary parts of the record to be printed, such order as to costs may be made as the court shall think proper. 2. On the filing of the transcript in every case the clerk shall cause the same, or the parts thereof designated under this rule, to be printed, and shall furnish three copies of the record so printed to each party at least sixty days before the argument. 3. In cases brought to this court in which the record has been printed and used upon the hearing in the court below, and which substantially conform to the printed records in this court, the plaintiff in error or appellant upon application to and by leave of this court, may furnish to the clerk twenty-five copies of such record, used on the hearing in the court below, to be used in the preparation of the printed record in this court; and the clerk's fee for preparing the record for the printer, |