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31, [As originally adopted. See, also, order of the supreme court establishing a table of fees for the circuit courts of appeals, page cxxxix.]
[Ordered, January 12, 1905, that rule 32 be amended so as to read as follows:]
MAXDATE. Mandates shall issue at any time after twenty-one days from the date of the decision, unless an application for a rehearing has been granted or is pending. A copy of the opinion of this court shali accompany the mandate when a new trial or further proceedings are to be had in the lower court, and the charge for such copy shall be taxed in the costs of the case.
Provided, that in all cases entitled to precedence in this court under section 7 of the act approved March 3, 1891, and amendments thereto, the mandate or other proper process shall issue after the expiration of seven days from the date of the decision, unless otherwise ordered by the court or one of the judges.
[As originally adopted. See page xxxyi.]
35. [Ordered, January 12, 190.5, that rule 35, adopted June 23. 1892, be amended so as to read as follows:] ORDER IN RELATION TO ASSIGNMENT OF CASES FOR HEARING.
Unless otherwise ordered by the senior circuit judge, thirty days prior to the opening of a regular session of this court the clerk is directed to assign cases for hearing as follows:
At Atlanta, Georgia, four cases per day for the first three days of each week;
At Montgomery, Alabama, four cases per day for the first three days of each week;
At Ft. Worth, Texas, four cases per day for the first three days of each week;
At New Orleans, Louisiana, two cases per day for the first three days of each week.
The above assignments shall be made in accordance with existing law regulating the return of appeals, writs of error and other appellate proceedings in the Fifth judicial circuit, provided that cases entitled by law to preference in hearing and bankruptcy cases shall be first assigned, and cases whether preference or not may, upon stipulation of the parties filed with the clerk, be assigned for hearing at any other place or session of this court designated in such stipulation.
Except as hereinabove provided, the assignment of cases at New Orleans, Louisiana, shall be grouped by states, so as to permit the hearing of cases from one state before the cases from the next state in order shall be called.
[The following rule was adopted June 23, 1892:]
ASSIGNMENT OF JUDGES. It is ordered that, whenever a full bench of three judges shall not be made up by the attendance of the associate justice of the supreme court assigned to the circuit and of the circuit judges, so many of the district judges in the order of the seniority of their respective cominissions, and qualified to sit, as may be necessary to make up a full court of three judges, are hereby designated and assigned to sit in this court: provided, however, that the court may at any time, by particular assignment, designate any district judge to sit as aforesaid.
[The following rule was adopted June 11, 1897:]
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 Varch 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, by either of the circuit judges, or by any district judge who presided on the trial, and the proper security be taken, and the citation be 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 any criminal case as aforesaid, the circuit court or district court, before which the accused was tried, or the trial judge, or the circuit justice assigned to the circuit, or either of the circuit judges, 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.
APPENDIX TO RULE 37.
[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 said United States of America, to which payment
well and truly to be made we bind ourselves, our heirs, executors, and ad. ministrators, jointly and severally, by these presents. Sealed with our seals and dated this
day of , in the year of our Lord one thousand eight hundred and ninety Whereas, lately at the — term, A. D. 189—, of the
court of the United States for the
district of -, in a suit pending in said court between the United States of America, plaintiff, and
defendant, a judgment and sentence was rendered against the said
and the said has obtained a writ of error from the United States circuit court of appeals for the Fifth 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 Fifth circuit, at the city of New Orleans, Louisiana, thirty 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 in the United States circuit court of appeals for the Fifth circuit on the first day of the next term thereof, to be held at the city of — on the first Monday in , A. D. 189, and from day to day thereafter during said term, and from term to term, and from time to time, until finally discharged therefrom, and shall abide by and obey all orders made by the said United States circuit court of appeals for the Fifth 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 of the said - court against him shall be affirmed by the said United States circuit court of appeals for the Fifth circuit, then the above obligation to be void ; else to remain in full force, virtue, and effect.
[Seal.] Approved :
Judge of the
[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.]
[As originally adopted. See page xxv.]
[As originally adopted. See page xxv.]
[This rule, as originally adopted, appears in 11 C. C. A., page lxv, with amendments made before the preparation of that volume. See 47 Fed. iv, and 59 Fed. iv. It was further amended October 8, 1894 (see 67 Fed. viii, 14 C. C. A. iv), April 2, 1895 (see 66 Fed. v, 12 C. C. A. iv), February 10, 1896 (see 76 Fed. iii) and December 2, 1902. The rule, after these several amendments, reads as follows:]
TERMS, HEARING AND CONTINUING OF CASES.
1. One term of this court shall be held annually on the Tuesday after the first Monday of October, and adjourned sessions on the Tuesday after the first Monday of each other month in the year except August and September. At the July session no causes will be heard, except upon special order of the court.
A printed docket containing all cases docketed and not heard shall be made by the clerk for the October, January and April sessions.
2. All sessions of the court shall be held at Cincinnati unless otherwise specially ordered by the court.
3. The court, on the first day of each session, except the July session, will begin calling the cases for argument in the order in which they stand on the docket, and proceed from day to day during the session in the same way.
4. If the parties, or either of them, shall be ready when the case is called, the same will be heard, provided that the time within which to file briefs has expired.
But a case may be continued once by agreement of counsel in open court or by stipulation filed in the clerk's office to any session during the term. Subsequent continuances must be made by the court on motion for cause shown; and engagements of counsel in other courts will not be considered good cause for continuance.
5. Each day's calendar shall consist of the six cases next in order after the case last submitted on the previous day, but the calendar will not include any case continued or passed by the court or stipulation of counsel before the adjournment of court on the previous day. The calendar for each day shall be exhibited in the clerk's office at the adjournment of court on the previous day. Counsel choosing to rely on the judgment of the clerk as to the probable time of hearing of any. case, otherwise than as shown in the day's calendar above provided for, must do so at their own risk.
6. Two or more cases involving the same question may by leave of the court or by its order be heard together, but they must be argued as one case.
7. For good cause shown, on motion of either party, the court may advance any cause upon the docket to be heard at any session, even though the time permitted under the rules for the filing of briefs may not have expired at the day set for hearing. Such motion for the advancement of causes will be heard only upon five days' previous notice to opposing counsel.
[Promulgated December 2, 1902.]
[As originally adopted. See page xxv.]
[As originally adopted. See page xxvi.]
[This rule was amended October 22, 1894, so as to read as follows:)
MARSHAL, CRIER, AND OTHER OFFICERS. 1. The crier and bailiffs of the court shall, before they enter on their duties, take an oath in the form prescribed by section 782 of the Revised Statutes.
2. 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.
17. [This rule, as originally adopted, appears in 47 Fed. v, and 11 C. C. A. lxvi. It was amended October 2, 1894, and further amended November 21, 1898. so as to read as follows:]
ATTORNEYS AND COUNSELORS. All attorneys and counselors permitted 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 as prescribed by rule ? of the supreme court of the United States and upon subscribing the roll. The fee for such admission shall be ten dollars.
Every person taking the oath and paying such fee shall be entitled to a certificate of his admission, signed by the clerk.