indexing same, supervising the printing and distributing the copies, shall be computed as if said record so furnished had been printed under his supervision.

4. The clerk shall be entitled to demand of the plaintiff in error or appellant the cost of printing the record before ordering the same to be done.

5. If the record shall not have been printed when the case is reached for argument, for failure of the party to advance the costs of printing, the case may be dismissed.

6. In case of reversal, affirmance or dismissal with costs, the amount paid for printing the record shall be taxed against the party against whom costs are given.

24.

[This rule as originally adopted reads as follows:]

BRIEFS.

1. The counsel for the plaintiff in error or appellant shall file with the clerk of this court, at least forty days before the case is called for argument, twenty copies of a printed brief, one of which shall, on application, be furnished to each of the counsel engaged upon the opposite side.

2.. This brief shall contain, in order here stated:

(1) A concise abstract or statement of the case, presenting succinctly the questions involved, in the manner in which they are raised.

(2) A specification of the errors relied upon, which, in cases brought up by writ of error, shall set out separately and particularly each error asserted and intended to be urged; and, in cases brought up by appeal the specification shall state, as particularly as may be, in what the decree is alleged to be erroneous. When the error alleged is to the admission or to the rejection of evidence, the specification shall quote the full substance of the evidence admitted or rejected. When the error alleged is to the charge of the court, the specification shall set out the part referred to totidem verbis, whether it be in instructions given or in instructions refused. When the error alleged is to a ruling upon the report of a master, the specification shall state the exception to the report and the action of the court upon it.

(3) A brief of the argument, exhibiting a clear statement of the points of law or fact to be discussed, with a reference to the pages of the record and the authorities relied upon in support of each point. When a statute of a state is cited, so much thereof as may be deemed necessary to the decision of the case shall be printed at length.

3. The counsel for a defendant in error or an appellee shall file with the clerk twenty printed copies of his brief, at least ten days before the case is called for hearing. His brief shall be of a like character with that required of the plaintiff in error or appellant, except that no specification of errors shall be required, and no statement of the case, unless that presented by the plaintiff in error or appellant is controverted.

4. When there is no assignment of errors, as required by section 997 of the Revised Statutes, counsel will not be heard, except at the request of the court; and errors not specified according to this rule

will be disregarded; but the court, at its option, may notice a plain error not assigned or specified.

5. When, according to this rule, a plaintiff in error or an appellant is in default, the case may be dismissed on motion; and when a defendant in error or an appellee is in default he will not be heard, except on consent of his adversary, and by request of the court.

6. When no counsel appears for one of the parties, and no printed brief or argument is filed, only one counsel will be heard for the adverse party; but if a printed brief or argument is filed, the adverse party will be entitled to be heard by two counsel.

25.

[As originally adopted. See page xxxiv.]

26.

FORM OF PRINTED RECORDS, ARGUMENTS, AND BRIEFS.

All records, arguments and briefs for the use of the court must be printer on paper not less than 6 inches wide by 93% inches long, including margin, so that they can be conveniently bound together to make an ordinary octavo volume. Arguments and briefs not conforming to this rule will not be accepted or filed.

27.

[As originally adopted. See page xxxiv.]

28.

[As originally adopted. See page xxxiv.]

29. REHEARING.

1. A petition for rehearing after judgment, can be presented .only at the term at which judgment is entered and before the issuance of a mandate to the court below, except in cases in which the judgment of this court is entered within thirty days prior to the final adjournment of the term, and in such cases a petition for rehearing may be filed at the succeeding term within thirty days after the date of the final adjournment of the term at which the judgment was entered.

2. Such petition for rehearing must be printed and twenty copies thereof filed with the clerk and must briefly and distinctly state its grounds, and be supported by a certificate of counsel, and will not be granted or permitted to be argued, unless a judge who concurred in the judgment desires it, and a majority of the court so determines.

30.

[As originally adopted. See page xxxv.]

31.

[This rule as originally adopted reads as follows. See, also, order of the supreme court establishing a table of fees for the circuit courts of appeals, page cxxxix.]

COSTS.

1. In all cases where any suit shall be dismissed in this court, costs shall be allowed to the defendant in error or appellee, unless otherwise agreed by the parties.

2. In all cases of affirmance of any judgment or decree in this court, costs shall be allowed to the defendant in error or appellee, unless otherwise ordered by the court.

3. In cases of reversal of any judgment or decree in this court, costs shall be allowed to the plaintiff in error or appellant, unless otherwise ordered by the court. The cost of the transcript of the record from the court below shall be taxable in that court as costs in the case.

4. Neither of the foregoing sections shall apply to cases where the United States are a party; but in such cases no costs shall be allowed in this court for or against the United States.

5. When costs are allowed in this court, it shall be the duty of the clerk to insert the amount thereof in the body of the mandate, or other proper process, sent to the court below, and annex to the same the bill of items taxed in detail.

6. In all cases certified to the supreme court or removed thereto by certiorari or otherwise, the fees of the clerk of this court shall be paid before a transcript of the record shall be transmitted to the supreme

court.

32. MANDATE.

In all cases finally determined in this court, a mandate or other proper process in the nature of a procedendo shall be issued on the order of this court, to the court below, for the purpose of informing such court of the proceedings in this court, so that further proceedings may be had in such court as to law and justice may appertain.

[Note. By an order entered February 20, 1893, the clerk is directed to issue a mandate or other proper process, to the court below, in all cases, 60 days after the final disposition thereof, excepting in cases dismissed under the provisions of rule 20, and section 1 of rule 16, and except in cases where it shall be otherwise expressly ordered.]

33.

[As originally adopted. See page xxxvi.]

34.

MODELS. DIAGRAMS, AND EXHIBITS OF MATERIAL.

1. Models, diagrams and exhibits of material forming part of the evidence taken in the court below, in any case pending in this court,

on writ of error or appeal, shall be placed in the custody of the marshal of this court at least ten days before the case is heard or submitted. 2. All models, diagrams and exhibits of material placed in the custody of the marshal for the inspection of the court on the hearing of a case, 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 rcquirements of this 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.

35.

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, or by either of the circuit judges within the circuit, or by any district judge within his district, and the proper security be taken, and the citation 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 the criminal cases aforesaid, the circuit court or district court before which the accused was tried, or the district judge of the district wherein he was tried, within the district, or the circuit justice assigned to the circuit, or either of the circuit judges within the circuit, 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. [Promulgated February 23, 1897.]

36.

PETITIONS FOR REVIEW.

A petition for review under the provisions of section 24b of the bankruptcy law, approved July 1, 1898, shall be filed and docketed as an original action in this court, and be entitled "In re — -, Petitioner," and shall specifically designate the person or persons upon whom the petitioner desires notice to be served.

37.

ORDER OF COURT.

1. Upon the filing of a petition for review, the same shall be presented to the court, or one of the circuit judges, for an order fixing the return day to the notice required by law.

2. When such petition is accompanied by a written consent that the petition for review may be filed and a waiver by the defendant or defendants, or their counsel, of such notice, no notice will be issued. In such cases the case will be docketed by the clerk pursuant to rules forty and forty-two.

38. NOTICE.

The notice to be given, as provided by law, shall be issued by the clerk of this court, under the seal thereof, and shall be addressed to the defendant or defendants and be served by the marshal of this court, unless an acknowledgment or acceptance of service thereof is made by the defendant or defendants, or their counsel.

39.

RESPONSE.

The response to the petition, when the defendant elects to make a written response, shall be filed at least fifteen days before the day set for the hearing.

40.

PRINTING OF RECORD.

The clerk shall cause the petition and exhibits thereto, if any, and the order, notice and response, if any, to be printed, and shall distribute the printed copies of same to counsel for the respective parties, as soon as the same are printed.

41.

BRIEFS AND ARGUMENTS.

Twenty copies of the brief and argument in behalf of petitioner shall be printed and filed ten days before the day set for the hearing and twenty copies of the brief and argument for the defendant or defendants shall be printed and filed on or before the day of hearing.

42. HEARING.

1. Petitions for review filed in vacation, shall be assigned by the clerk for hearing in their regular order at the next session or term of the court in the same manner as appeals and writs of error in other

cases.

2. Petitions for review filed during a session of the court, when a sufficient showing of urgency is presented, may be set for hearing at that term and upon such terms and conditions as the court may direct.