that the party appeals to the circuit court of appeals from the decree complained of. The appeal shall be heard on the pleadings and evidence in the district court, unless the appellate court, on motion, otherwise order. [Note. This rule so far modifies rule 11 of the general rules (see page xxvii) that a petition for an appeal and the allowance thereof is not required in an admiralty case, nor is the assignment of errors required to be filed with notice of appeal. The assignment of errors must, however, be sent up to the appellate court with the apostles, as required in rule 4 of the admiralty rules.] 2. NOTICE AND BOND. Section 1. When a notice of appeal is served, the appellant shall file in the clerk's office of the district court a bond for costs of the appeal, with sufficient surety, in the sum of $250, conditioned that the appellant shall prosecute his appeal to effect and pay the costs, if the appeal is not sustained. Such security shall be given within ten days after filing the notice, or the appeal shall be deemed abandoned, and the decree of the court below enforced, unless otherwise ordered by a judge of this court. Sec. 2. And if the appellant desires to stay the execution of the decree of the court below, the bond which he shall give shall be a bond with sufficient surety in such further sum as the judge of the district court or a judge of this court shall order, conditioned that he will abide by and perform whatever decree may be rendered by this court in the cause, or on the mandate of this court by the court below. Sec. 3. The appellant shall, on filing either of such bonds, give notice of such filing, and of the names and residences of the sureties, and if the appellee, within two days, excepts to the sureties, they shall justify, on notice, within two days after such exception. 3. REVIEW IN PART ONLY. The appellant may also, at his option, state in his notice of appeal that he desires only to review one or more questions involved in the cause, which questions must be clearly and succinctly stated; and he shall be concluded in this behalf by such notice, and the review upon such an appeal shall be limited to such question or questions. 4. APOSTLES ON APPEAL TO CONTAIN. Section 1. The apostles, on an appeal to this court, shall, in cases where a general notice of appeal is served, consist of the following: (1) A caption exhibiting the proper style of the court and the title of the cause, and a statement showing the time of the commencement of the suit; the names of the parties, setting forth the original parties and those who have become parties before the appeal, if any change has taken place; the several dates when the respective pleadings were filed; whether or not the defendant was arrested, or bail taken, or property attached, or arrested, and if so, an account of the proceedings thereunder; the time when the trial was had, and the name of the judge hearing the same; whether or not any question was referred to a commissioner, or commissioners, and if so, the result of the proceedings and report thereon; the date of the entry of the interlocutory and final decrees; and the date when the notice of appeal was filed. (2) All the pleadings, with the exhibits annexed thereto. (3) All the testimony and other proofs adduced in the cause. (4) The interlocutory decree and any order of the court which appellant may desire to have reviewed on the appeal. (5) Any report of a commissioner or commissioners to which exception may have been taken, with the order or orders of the court respecting the same, and the exceptions to the report, and so much of the testimony taken in the proceeding as may be necessary to a review of the exceptions. (6) All opinions of the court, whether upon interlocutory questions or finally deciding the cause. (7) The final decree, and the notice of appeal; and (8) The assignments of error. Sec. 2. All other papers shall be omitted unless otherwise ordered by the judge who heard the cause. Sec. 3. Where the appellant shall appeal specially and seek only to review one or more questions involved in the cause, the apostles may, by stipulation between the proctors for the respective parties, contain only such papers and proceedings and evidence as are necessary to review the questions raised by the appeal. 5. CERTIFYING RECORDS. The appellants shall, within thirty days after giving notice of appeal, procure to be filed in this court the apostles certified by the clerk of the district court, or in case of a special appeal, the stipulated record, with the certification by the said clerk of all papers contained therein on file in his office. 6. IF APPEARANCE OF APPELLEE NOT ENTERED. If the appellee does not cause his appearance to be entered in this court within ten days after service on his proctor of notice that the apostles are filed in this court, the appellant may proceed ex parte in the cause, and have such decree as the nature of the case may demand. 7. NEW ALLEGATIONS, ETC. Upon sufficient cause shown, this court or any judge thereof, may allow either appellant or appellee to make new allegations or pray dif ferent relief, or interpose a new defense, or make new proofs. Application for such leave may be made at any time after the perfecting of the appeal to this court, and within fifteen days after the filing in this court of the apostles, and upon at least four days' notice to the adverse party or his attorney of record. 8. NEW PLEADINGS-NEW TESTIMONY. If leave be granted to make new allegations, pray different relief or interpose a new defense, the moving party shall, within ten days thereafter, serve such new pleading, duly verified, on the adverse party, who shall, if such pleading be a libel, within twenty days answer on oath. If leave be given to take new testimony, the same may be taken and filed within thirty days after the entry of the order granting such leave, and the adverse party may take and file counter-testimony within twenty days after such filing. 9. NEW TESTIMONY-HOW TAKEN. Such testimony shall be taken by deposition before the clerk of this court, or any United States commissioner, or any clerk of a district or circuit court of the United States, or any notary public, upon reasonable notice, in writing, given to the opposite party or his attorney of record, either in this court or in the court below, which notice must state the name or names of the witness or witnesses and the time and place of taking his or their deposition or depositions; or by commission issued out of this court with interrogatories annexed. Upon sufficient cause shown, the court may grant an open commission. 10. PRINTING NEW PLEADINGS AND TESTIMONY. If new pleadings are filed or testimony taken in this court, the same shall also be printed and furnished by the clerk, as in the 23d general rule provided. 11. MOTIONS. All motions shall be made upon at least four days' notice. 12. EXTENSION OF TIME. The time specified in the foregoing rules for any proceeding may be extended by order of a judge of this court. These rules shall go into effect on the first Monday of October, 1900. TABLE OF FEES. Ordered, that the table of tees and costs in the circuit courts of appeals, established in pursuance of the act of congress of February 19, 1897, by order of January 10, 1898, be, and the same is hereby, amended as to the item for "Preparing the record for the printer, indexing the same, supervising the printing and distributing the copies, for each printed page of the record and index, .15," by substituting twenty-five cents in place of fifteen cents, for each printed page, so that said order as amended shall read as follows: 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: Docketing a case and filing the record.... Filing a motion, order, or other paper. Entering any rule, or making or copying any record or other paper, for each one hundred words... Entering a judgment or decree... Every search of the records of the court and certifying the same.. Making a manuscript copy of the record, when required by the rules, $ 5 00 Filing briefs, for each party appearing..... Issuing a writ of error and accompanying papers, or a mandate or other process.... 5.00 5.00 1.00 20 00 Copy of an opinion of the court, certified under seal, for each printed page (but not to exceed five dollars in the whole for any copy).... Attorney's docket fee. I, James M. McKenney, clerk of the supreme court of the United States, do hereby certify that the foregoing is a true copy of the order of said supreme court entered on February 28, 1898, in pursuance of the act of congress of February 19, 1897, as the same remains upon the files and records of said supreme court. In testimony whereof, I hereunto subscribe my name and affix the seal of said supreme court, at the city of Washington, this 11th day of March, A. D. 1898. [Seal.] 79 C.C.A. JAMES H. McKENNEY, (cxxxix) OFFICE OF THE CLERK, SUPREME COURT OF THE UNITED STATES WASHINGTON, D. C. INSTRUCTIONS AS TO APPLICATIONS FOR WRITS OF CERTIORARI UNDER ACT OF MARCH 3, 1891. The following are the requirements on applications for writs of certiorari under the act of March 3, 1891: Petitions are docketed in this court as Before the petition will be docketed there must be furnished this office: 1. An original petition, with written signature of counsel. 2. A certified copy of the transcript of the record, including all proceedings in the Circuit Court of Appeals. 3. An appearance of counsel for petitioner, signed by a member of the bar of this court. 4. A deposit of $25 on account of costs. Before submission of the petition there must be furnished: 1. Proof of service of notice of date fixed for submission and of copies of petition and brief upon counsel for the respondent. About two weeks' notice should be given. 2. Twenty-five printed copies of the petition. 3. Twenty-five printed copies of brief in support of petition, if any such brief is to be filed. 4. At least nine uncertified copies of record, which must contain all the proceedings in the Circuit Court of Appeals. These copies may be made up by using copies of the record as printed for the Circuit Court of Appeals and adding thereto printed copies of the proceedings in that court. If a sufficient number of records thus made up cannot be obtained, making it necessary to reprint the record for use on the hearing of the petition, fifty copies must be printed under my supervision, in order that, should the petition be granted, there may be a sufficient number for use on the final hearing. Monday being motion day, some Monday must be fixed upon for the submission of the petition. No oral argument is permitted on. such petitions, but they must be called up and submitted in open court by counsel for petitioner, or by some attorney in his behalf. All papers in the case must be filed not later than the Saturday preceding the Monday fixed for the submission of the Petition. 79 C.C.A. JAMES H. McKENNEY, Clerk of the Supreme Court of United States. (cxl) |