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INTEREST. 1. In cases where a writ of error is prosecuted in this court, and the judgment of the inferior court is affirmed, the interest shall be calculated and levied from the date of the judgment below until the same is paid, at the same rate that similar judgments bear interest in the courts of the state where such judgment was rendered.
2. In all cases where a writ of error shall delay the proceedings on the judgment of the inferior court, and shall appear to have been sued out merely for delay, damages at a rate not exceeding ten per cent. in addition to interest shall be awarded upon the amount of the judgment.
3. The same rule shall be applied to decrees for the payment of money in cases in equity, unless otherwise ordered by this court.
4. In cases in admiralty damages and interest may be allowed, if specially directed by the court.
COSTS. 1. In all cases where any suit shall be dismissed in this court, except where the dismissal shall be for want of jurisdiction, 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 orúered 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.
TABLE OF COSTS. Ordered, in pursuance of the act of Congress of February 19, 1897 (29 Stat. 536, c. 263), that the following table of fees and costs in the Circuit Courts of Appeals be, and the same is hereby, established, to take effect on the first day of March, A. D. 1898, and no other fees and costs than those therein named shall thereafter be charged:'
9 See page cxxxix.
32. [This rule as amended June 22, 1893, appears in 11 C. C. A. Ixxi, 66 Fed. vil. It was further amended October 2, 1891, so as to read as follows:]
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.
Such mandate shall not issue until time has elapsed for filing a petition to rehear as defined by rule 29; and no mandate or other process of procedendo shall issue when a petition to rehear is pending, unless specially ordered.
Every mandate shall be accompanied by a copy of the opinion filed in the cause in which it is issued, and the charge for the same shall be taxed in the costs of the case.
[As originally adopted. See page xxxvi.]
[As originally adopted. See page xxxvi.]
35. [This additional rule was adopted June 22, 1893 :]
TESTIMONY IN ADMIRALTY CASES 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.
[As originally adopted. See page xxxii.]
23. [Ordered, January 12, 1905, that paragraph 1 of rule 23 be amended so as to read as follow's:]
PRINTING RECORDS. 1. The clerk shall, upon the docketing of a case, forth with cause an estimate to be made of the cost of printing the record and of his fee for preparing it for the printer and supervising the printing, and shall notify the party docketing the case of the amount of the estimate. If he shall not pay it within fifteen days in ordinary cases, and within three days in preference cases, after the date of such notice, the clerk shall notify the adverse party, and he may pay it. If neither party shall pay it, and for want of such payment the record shall not have been printed when a case is reached for hearing, the case may be dismissed at the discretion of the court.
[Paragraphs 2-4, inclusive, as amended May 11, 1897.]
2. The clerk shall cause the record in all cases to be printed forthwith after the payment of such estimate, and shall immediately thereafter furnish to the counsel of each party whose appearance shall have been entered, three copies of the printed record, taking a receipt therefor, and the parties may, by written stipulation filed prior to the printing of the record, agree that only parts of the record shall be printed, and the same may be heard only on the parts so printed, but the court may direct the printing of other parts of the record.
3. The clerk shall not take to the printer the original transcript on file, but shall cause copies to be made for the printer of such original papers sent up under rule 14, or other original papers, as are necessary to be printed.
4. The clerk shall cause at least twenty-five copies of the record to be printed, and may print a larger number on the request of either party on payment of the amount necessary for the printing of such extra copies.
[Ordered, December 8, 1903, that paragraph 5 of rule 23 be amended so as to read as follows:]
5. The clerk shall supervise the printing and see that the printed record is properly indexed. There shall be omitted from the printed transcripts the following:
(1) Commissions to take testimony, and the formal captions to all depositions and the certificates of commissioners as to the taking of the depositions, except in cases where objections have been made to the depositions on account of defects in caption or certificate.
(2) ` All process in the nature of subpoenas, citations, summons and subpænas in chancery, unless from the assignment of errors it appears that some issue is raised which makes it necessary for the court to inspect such writs, and then only such as are involved.
In every transcript wherein any pleading, exhibit or other paper appears at more than one place, such pleading, exhibit or other paper shall be printed at the place it first appears in said transcript and not thereafter; but the omission shall be indicated by apt notations and references to the pages of the printed record where it appears.
The clerk shall distribute the printed copies to the judges of the court and to the reporter from time to time, as required. If the cost of printing the record, together with the clerk's fee for supervising the same, shall be less than the amount estimated and paid, the difference shall be refunded by the clerk to the party paying the same. If the actual cost and the clerk's fee shall exceed the clerk's estimate, the amount of such excess shall be paid to the clerk before he shall deliver or file the printed record or any copies thereof.
[Paragraphs 6 and 7 as amended May 11, 1897.]
6. In case of reversal, affirmance or dismissal with costs, the amount of the costs of the printing of the record and of the clerk's fee for supervising the same shall be taxed against the party against whom costs are given, and shall be inserted in the body of the mandate or other proper process.
7. The clerk shall receive from either party, and use as parts of the printed record so far as the same may be of proper size and type, any portions which may have been printed in any other court, and also printed copies of patents and 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 costs of printing.
[Ordered, January 12, 1903, that paragraph 1 of rule 24 be amended so as to read as follow's:]
BRIEFS. 1. The counsel for the plaintiff in error, appellant or petitioner shall file with the clerk of this court, at least fifteen days in ordinary cases, and in five days in preference cases, before the case is called for argument, twenty copies of a printed brief, one to be signed in handwriting by an attorney of this court, who has entered an appearance in the case. One copy of the brief shall, on application, be furnished to each of the counsel engaged upon the opposite side.
[Paragraph 2 stands as originally adopted. See page xxxiii.] [Ordered that paragraph 3 of rule 24 be amended so as to read as follows :)
3. The counsel for defendant in error, appellee or respondent shall file with the clerk of this court, at least five days before the case is called for argument in ordinary cases, and before the case is called for argument in preference cases, twenty copies of a printed brief. His brief shall be of a like character with that required of the plaintiff in error, appellant or petitioner, except that no specification of errors shall be required and no statement of the case, unless that presented by the plaintiff in error, appellant or petitioner is controverted.
[Paragraphs 4, 5, and 6 stand as originally adopted. See page xxxiii.]
[This rule was amended February 27, 1894, so as to read as follows:]
ORAL ARGUMENTS. 1. The plaintiff in error or appellant in this court shall be entitled to open and conclude the argument of the case. But when there are cross appeals they shall be argued together as one case, and the plaintiff in the court below shall be entitled to open and conclude the argument.
2. Only two counsel will be heard for each party on the argument of a case.
3. One hour will be allowed for the plaintiff in error or appellant to open and present his case, and one hour will be allowed to the defendant in error or appellee to answer; thirty minutes will then be allowed to the plaintiff in error or appellant to reply. No more time will be allowed for argument without special leave of the court.
26. FORM OF PRINTED ARGUMENTS AND BRIEFS. All arguments, briefs, motions and petitions for rehearing printed for the use of the court must be printed on white book paper, size of paper page, trimmed, to be 61x91 inches; size of type page to be 4x7 inches, exclusive of folio line; margin to be properly arranged with view of rebinding. Type must not be smaller than long primer.
[As amended May 29, 1900.]
[As originally adopted. See page xxxiv.]
[Ordered, January 12, 1905, that rule 29 be amended so as to read as follows:]
REHEARING. A petition for a rehearing after judgment can be presented only during the term at which judgment is entered, and within twenty days after such entry, unless by special leave granted by the court, or one of the judges, and must be printed and briefly and distinctly state its grounds without argument, and be supported by 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.
[As originally adopted. See page xxxv.)