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[This rule was added by amendment October 5, 1892.]
WHAT GENERAL RULES SHALL BE DEEMED ADMIRALTY RULES.
The following of the general rules of this court, and no others, shall be deemed admiralty rules, viz.: Rules 3, 4, 5, 6, 7, 9, 11, 12; section 4 of rule 14; rules 15, 16, 17, 18, 19, 20, 21, 22, 23; section 5 of general rule 24; rules 25, 26, 27, 28, 29; section 4 of rule 30; rules 31, 32, 31, and 36.
[The following announcement was made May 9, 1893:]
Hereafter the provision contained in subdivision 6 of section 1 of rule IV in admiralty, that “all opinions of the court, whether upon interlocutory questions or finally deciding the cause," shall be certified up with the apostles, must be strictly complied with, and such opinions must be printed.
[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 others in their proper places.]
[As originally adopted. See page xxv.]
[As originally adopted. See page xxv.]
The terms of this court shall commence and be held on the first Tuesday in March, and the first Tuesday in October, at the city of Philadelphia.
[Amended June 15, 1901.]
(As originally adopted. See page xxv.]
(As originally adopted. See page xxvl.]
[As originally adopted. See page xxvi.]
[This rule as originally adopted reads as follows:]
ATTORNEYS AND COUNSELORS. All attorneys and counselors admitted to practice in the supreme court of the United States, or in any circuit court of the United States, shall become 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; and all attorneys and counselors of the circuit court of the United States for the Third circuit shall be attorneys and counselors of this court without taking any further oath.
[As originally adopted. See page xxvil.)
[As originally adopted. See page xxvil.]
[As originally adopted. See page xxviL]
[As originally adopted. See page xxvii.]
[As originally adopted. See page xxvill.]
[As originally adopted. See page xxviil.]
[The rule as originally adopted reads as follows:]
WRITS OF ERROR, APPEALS, RETURN, AND RECORD. 1. The clerk of the court to which any writ of error may be directed, upon being paid or tendered his fees therefor, 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.
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 safe-keeping, 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 thirty 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.
17. [And now, March 12, 1900, it is ordered that the following additional rule be adopted :)
In making up the docket for argument for the term cases continued at former terms and all remanets shall be placed at the head of the argument list in the order with respect to each other in which they stood on the docket at the last preceding term.
[The following order was made December 7, 1892:]
It is ordered that hereafter there shall be but a single court docket, and no “special docket," and cases shall be placed thereon as follows:
I. Those cases on the trial or hearing of which both of the circuit judges shall be competent to sit.
II. Those cases on the trial or hearing of which the circuit judge oldest in commission, shall be competent to sit.
III. Those cases on the trial or hearing of which the circuit judge youngest in commission, but not the other circuit judge, shall be competent to sit.
Under and with respect to each of these three general divisions, there shall be placed first in order upon the docket those cases in which the district judge assigned for the term shall be competent to sit, and immediately thereafter the cases in which he shall not be competent to sit.
Subject to the foregoing, cases shall be arranged in proper chronological order as heretofore.
[As originally adopted. See page xxx.)
[As originally adopted. See page xxx.)
[As originally adopted. See page xxxl.]
[As originally adopted. See page xxxll.]
[As originally adopted. See page xxxil.)
[This rule as originally adopted was the same as rule 23, on page xxxii, except that it read “ten copies of the record,” in place of "twenty copies of the record.” It was amended September 22, 1892, by substituting “twenty” for "ten." It was again amended December 7, 1893, so as to read as follow:]
1. On the filing of the transcript, the clerk shall forthwith cause twenty copies of the record to be printed, and shall furnish three copies thereof to each party at least six days before the case is called for argument, and shall file fourteen copies thereof in his office. The parties may stipulate in writing that parts only of the record shall be printed, and the case may be heard on the parts so printed, but the court may direct the printing of other parts of the record. The clerk may demand of the plaintiff in error or appellant the cost of printing the record before ordering the same to be done. If the record shall not have been printed when the case is reached in the regular call of the docket because of the failure of a party to advance the cost of printing, the case may be dismissed. 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.
2. The clerk shall receive from either party, and use as parts of the printed record, so far as the same may be of proper and convenient size and type, any portions which may have been printed in any other court, and also printed copies of patents and other exhibits, allowing the party furnishing the same such sum therefor as the clerk deems reasonable, to be added to and form a part of the cost of printing.
[March 18, 1895, the following order was made:]
Ordered that, except upon special allowance by the court or a judge, no cause shall be placed on the docket for argument unless the transcript shall have been filed with the clerk, under rule 23, at least 10 days before the first day of the term.
[This rule as originally adopted was the same as rule 24, on page xxxiii, except that it read “ten" for "twenty," in sections 1 and 3. It was amended September 22, 1892, by changing “ten” to “twenty,” so as to conform to such rule.]