3. Petitions for review assigned by the clerk in their regular order as provided in section 1 of this rule, when such assignment is for a day near the close of the session, may be advanced by order of the court and set for an earlier day, upon good cause shown therefor by either of the parties.

43.

COSTS.

1. The costs and fees now provided by law in cases upon appeal or writ of error, shall, so far as the same are applicable, be taxed on petitions for review.

2. Upon the determination of a petition for review such order as to costs will be made as the court may deem necessary.

44. PROCEDENDO.

1. In all cases on a petition for review wherein the action or judgment of the district court, complained of, is disapproved by this court. the clerk shall, at the expiration of ten days from and after the date of entering judgment in this court, issue process in the nature of a procedendo to the said district court for the purpose of informing such court of the proceedings in this court, so that further proceedings may be had in such district court in conformity with the judgment of this court.

2. In all cases on petition for review, wherein the action or judgment of the district court, complained of, is approved or confirmed or said petition dismissed by this court the clerk shall forthwith certify that fact to the district court.

45.

APPEALS AND WRITS OF ERROR IN BANKRUPTCY CASES.

1. The appeals and writs of error provided for by section 25 of the bankruptcy law, approved July 1, 1898, shall be governed by the same rules and regulations as to costs and procedure as are provided by this court for appeals and writs of error in other cases.

ADDENDA.

[Form of Writ of Error for Use in the United States Circuit Court of Appeals, Eighth Circuit.]

United States of America, ss.

The President of the United States of America,

To the Honorable Judges of the (1)....

Greeting:

Because, in the records and proceedings, as also in the rendition of the judgment of a plea which is in the said..........Court, before

you, at the....

Term, 19..., therecf, between (2)...

a manifest error hath happened, to the great damage of the said (3)..

complaint appears.

as by

We being willing that error, if any hath been, should be duly corrected, and full and speedy justice done to the parties aforesaid in this behalf, do command you, if judgment be therein given, that then, under your seal, distinctly and openly, you send the record and proceedings aforesaid, with all things concerning the same, to the United States Circuit Court of Appeals, for the Eighth Circuit, together with this writ, so that you have the said record and proceedings aforesaid at the City of St. Louis, Missouri, and filed in the office of the Clerk of the United States Circuit Court of Appeals, for the Eighth Circuit, on or before the (4).... ...day of........... ...19..., to the end that the record and proceedings aforesaid being inspected, the United States Circuit Court of Appeals may cause further to be done therein to correct that error, what of right, and according to the laws and customs of the United States, should be done. Witness, the Honorable MELVILLE W. FULLER, Chief Justice of the Supreme Court of the United States, this. ....day of

.in the year of our Lord one thousand nine

[Form of Return to be Endorsed on Writ of Error by the Clerk of the Court to Which the Writ is Addressed.]

United States of America,

SS.

In obedience to the command of the within Writ, I herewith transmit to the United States Circuit Court of Appeals, a duly certified transscript of the record and proceedings in the within entitled case, with all things concerning the same.

In Witness Whereof, I hereto subscribe my name and affix the seal of (6).......

Clerk of..

Notes. (1) Here insert correct name of the court to which the writ is addressed and whose judgment is to be reviewed.

(2) Here insert correct style of cause showing who was plaintiff and who defendant in court below.

(3) Here insert name of party who sues out writ of error.

(4) Rule XIV, subdivision 5, requires writs of error and appeals to be made returnable sixty days after citation is signed.

This blank must be filled accordingly, naming a day not more than sixty days after the date of the citation.

(5) See section 1004, Rev. St. and section 11, Act March 3, 1891. This blank should be so filled as to show whether the writ is issued by the clerk of a United States Circuit Court or by the clerk of the Circuit Court of Appeals. (6) Here describe the court to which the writ is addressed.

United States of America,

To.....

[Form of Citation.]

Greeting:

You are hereby cited and admonished to be and appear in the United States Circuit Court of Appeals for the Eighth Circuit, at the City of St. Louis, Missouri, sixty days from and after the day this citation bears date, pursuant to (1). filed in the Clerk's Office of the (2)....

and you are (4).

(5)...

said (7)....

wherein...

.is (3)....

to show cause, if any there be, why the rendered against the said (6). mentioned should not be corrected, and why

speedy justice should not be done the parties in that behalf.

Witness, the Honorable (8).....

.as in

Judge of....

..this...

...day of

.A. D. 19....

Judge of..

Notes.-(1) Insert (a writ of error) or (an appeal allowed and).

(2) Insert name of court to which writ of error is addressed, or from which appeal is allowed.

(3) Insert plaintiff in error or appellant.

(4) Insert defendant in error or appellee.

(5) Insert judgment or decree.

(6) Insert plaintiff in error or appellant.

(7) Insert writ of error or appeal.

(8) As to whom may sign citation, see sections 998 and 999. Rev. St. U. S.. and section 11, Act March 3, 1891, establishing Circuit Courts of Appeals.

executors, administrators or assigns, to which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, jointly and severally by these presents.

Sealed with our seals, and

in the year of our

..term of the.....

in a suit depending in said Court

plaintiff, and.....

between.

defendant..

against the said.

. was rendered ..and the said.....

has obtained...

.in the aforesaid suit, ...citing

of the said Court to reverse the..... and a citation directed to the said. and admonishing.... to be and appear in the United States Circuit Court of Appeals for the Eighth Circuit, at the City of St. Louis, Missouri, sixty days from and after the date of said citation. Now, the condition of the above obligation is such, that if the said.. .shall prosecute said..

..to effect, and answer all damages and costs if fail to make good.. .plea, then the above obligation to be void, else to remain in full force and virtue. Sealed and delivered in presence of

Approved by

[Seal.]

The foregoing bond and citation is adapted for appeals in equity cases as well as in cases of writs of error in actions at law.]

[Form of Appearance Bond on Writ of Error in Criminal Cases.] Know All Men By These Presents,

That we,...

as principal, and..

as sureties, are held and firmly bound unto the United States of America in the full and just sum of.

....Dollars, to be paid to the United States of America, to which payment well and truly to be made we bind ourselves, our heirs, executors and administrators jointly and severally by these presents.

...day of.....

Sealed with our seals and dated this.. in the year of our Lord, One Thousand Nine Hundred. Whereas, lately at the.. ...Term, A. D. 190 of the.... Court of the United States for the.. ...District in a suit depending in said Court between the United States of America, plaintiff, and.

of...

a judgment and sentence was rendered against the said.

defendant

and the said

ha obtained a writ of error from the United States Circuit Court of Appeals for the Eighth Circuit, to reverse the judgment and sentence in the aforesaid suit, and a citation directed to the said United States of America, citing and admonishing the United States of America to be and appear in the United States Circuit Court of Appeals for the Eighth Circuit, at the City of St. Louis, Missouri, sixty days from and after the date of said citation, which citation has been duly served. Now the condition of the above obligation is such that if the said

shall appear either in person or by attorney in the United States Circuit Court of Appeals for the Eighth Circuit on such day or days as may be

appointed for the hearing of said cause in said Court and prosecute his said writ of error and shall abide by and obey all orders made by the United States Circuit Court of Appeals for the Eighth Circuit in. said cause, and shall surrender himself in execution of the judgment and sentence appealed from as said Court may direct, if the judgment and sentence against him shall be affirmed; and if he shall appear for trial in the... Court of the United States

on such day or days as may be appointed for a retrial by said.

Court and abide by and obey all orders made by said Court provided the judgment and sentence against him shall be reversed by the United States Circuit Court of Appeals for the Eighth Circuit; then the above obligation to be void, otherwise to remain in full force, virtue and effect.

Approved:

Judge of the.

[Seal.]

[Seal.]

[Seal.]