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incurred by him in transporting from his office in New Orleans, Louisiana, to Montgomery, Alabama, and in transporting from Montgomery, Alabama, to New Orleans, Louisiana, the records, books, papers, files,

and supplies necessary for the use of the court at its terms to be held in Montgomery, Alabama; (second) an allowance for actual expenses not exceeding ten dollars per day to cover travel and subsistence for each day he may be required to be present at Montgomery, Alabama, on business connected with his said office, such expenses and allowance to be approved and allowed by the senior circuit judge of the fifth judicial circuit.

Act Jan. 30, 1903, c. 335, § 5, 32 Stat. 784.

ACT MARCH 4, 1904, 0. 395. (H. R. 10,145.]
An Act to Provide for Appeals, Writs of Error, and Other Appellate

Proceedings from the Circuit and District Courts of Beaumont, in

the Eastern District of Texas. (33 Stat. 59.) Place of hearing appeals, writs of error, eto.

Be it enacted, &c., That all appeals, writs of error, and other appellate proceedings which may hereafter be taken or prosecuted from the circuit or district courts of the United States from the courts at Beaumont, Jefferson County, Texas, in the eastern judicial district of Texas, to the court of appeals of the fifth circuit shall be heard and disposed of by said court of appeals at the terms of court held in the city of New Orleans, in the State of Louisiana: Provided, That nothing herein contained shall prevent the court from hearing appeals or writs of error wherever the said court shall sit in cases of injunctions and in all other cases which under the statutes and the rules or in the opinion of the court are entitled to be brought to a speedy hearing

Act March 4, 1904, c. 395, 33 Stat. 59.

AOT MAROH 3, 1905, c. 1479, § 12. (H. R. 17,474.]
Appeals and writs of error from court of appeals in Indian Territory

to circuit court of appoals for eighth circuit. That hereafter all appeals and writs of error shall be taken from the United States courts in the Indian Territory to the United States court of appeals in the Indian Territory, and from the United States court of appeals in the Indian Territory to the United States circuit court of appeals for the eighth circuit in the same manner as is now provided for in cases taken by appeal or writ of error from the circuit courts of the United States to the circuit court of appeals of the United States for the eighth circuit.

Act March 3, 1905, c. 1479, § 12, 33 Stat. 1081.

This section is part of the Indian appropriation act for the fiscal year ending June 30, 1906.

ACT APRIL 14, 1906.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the seventh section of the Act of Congress entitled "An Act to establish circuit courts of appeals and to define and regulate in certain cases the jurisdiction of the courts of the United States, and for other purposes," approved March third, eighteen hundred and ninety-one, as amended by Act approved June sixth, nineteen hundred, be, and it is hereby, amended to read as follows:

"Sec. 7. That where, upon a hearing in equity in a district or in a circuit court, or by a judge thereof in vacation, an injunction shall be granted or continued, or a receiver appointed by an interlocutory order or decree, in any cause an appeal may be taken from such interlocutory order or decree granting or continuing such injunction, or appointing such receiver, to the circuit court of appeals: Provided, That the appeal must be taken within thirty days from entry of such order or decree, and it shall take precedence in the appellate court; and the proceedings in other respects in the court below shall not be stayed unless otherwise ordered by that court, or by the appellate court, or a judge thereof, during the pendency of such appeal: Provided further, That the court below may, in its discretion, require as a condition of the appeal an additional bond."

34 Stat. 116.






Together with order of Supreme Court providing Table
of Fees and Instructions as to Applications for Writs

of Certiorari under Act of March 3, 1901.

79 C.C.A.


[The rules of the circuit courts of appeals as originally adopted were substantially the same in the different circuits, and are here printed in full. Where the rule as originally adopted differed from the rule as here given, it will be found printed in full under its respective circuit; and all amendments, repeals, and additions are likewise shown under the head of the re spective circuits.)


NAME. The court adopts "United States Circuit Court of Appeals for the

-1 Circuit' as the title of the court.


SEAL. The seal shall contain the words “United States” on the upper part of the outer edge; and the words “Circuit Court of Appeals” on the lower part of the outer edge, running from left to right; and the words - Circuit" in two lines, in the center, with a dash beneath.








TERMS. [See this rule under the head of the particular circuit.]


QUORUM. 1. If at any term a quorum does not attend on any day appointed for holding it, any judge who does attend may adjourn the court from

1 (First, second, third, fourth, fifth, sixth, seventh, eighth, and ninth, respectively.) 79 C.C.A.


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