CIRCUIT COURTS OF APPEALS

REPORTS

WITH ANNOTATIONS

WITH TABLE OF CASES IN THE UNITED STATES CIRCUIT COURTS OF APPEALS IN WHICH
REHEARINGS HAVE BEEN GRANTED or DENIED

VOLUME 36

LAWYERS' CO-OPERATIVE PUBLISHING CO.

ROCHESTER

1899

AMENDMENTS TO RULES.

UNITED STATES CIRCUIT COURT OF APPEALS.

Sixth Circuit.

3.1

[Paragraphs 5, 6, and 7 of rule 3 were amended November 21, 1898, so as to read as follows:]

At other than calendar sessions the court, on motion, will also hear appeals from interlocutory orders granting or refusing preliminary injunctions, appeals, or writs of error in any cause given priority by the statutes of the United States, and appeals from orders in habeas corpus proceedings where the petitioner is in jail, provided that the record has been printed and the brief of the moving party and due notice of the motion have been filed with opposing counsel at least six days before the opening day of the session.

Appeals in habeas corpus or criminal cases when the petitioner or appellant is in jail will be heard at any time when the court is in session after the record has been printed and the brief for the petitioner has been filed with opposing counsel six days before the day set for the hearing of the motion.

At other than calendar sessions, the court will also hear all motions and miscellaneous business, and will announce opinions. For good cause shown, on motion of either party, the court may advance any cause upon the docket to be heard at any session, whether calendar or otherwise, even though the time permitted under the rules for the filing of briefs may not have expired at the day set for hearing. Such motions for the advancements of causes will be heard only by the court upon five days' previous notice to opposing counsel.

[Rule 7 was 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

1 For rule 3, as amended, see 31 C. C. A. xcviii., 90 Fed. xcviii.

2 For rule 7, as amended October 2, 1894, see 31 C. C. A. xcix., 90 Fed. xcix. 36 C.C.A. (iii)

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an oath or affirmation as prescribed by rule 2 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.

16.3

[Paragraph 1 of rule 16 was amended November 21, 1898, so as to read as follows:]

DOCKETING CASES.

1. It shall be the duty of plaintiff in error or appellant to docket the case and file the record thereof with the clerk of this court by or before the return day, whether in vacation or in term time, and at the time of filing the record the plaintiff in error or appellant shall deposit with the clerk the sum of thirty-five dollars as security for costs, except in cases in which the proper showing is made and an order of this court is entered thereon allowing the cause to proceed in forma pauperis. But for good cause shown, the justice or judge who signed the citation, or any judge of this court, may enlarge the time by or before its expiration, the order of enlargement to be filed with the clerk of this court. If the plaintiff in error or appellant shall fail to comply with this rule, the defendant in error or appellee may have the cause docketed and dismissed, upon producing a certificate, whether in term time or vacation, from the clerk of the court wherein the said judgment or decree was rendered, stating the case and certifying that such writ of error or appeal has been duly sued out or allowed. And in no case shall the plaintiff in error or appellant be entitled to docket the case and file the record, after the same shall have been docketed and dismissed under this rule, unless by order of the court.

17.

[Rule 17 was amended November 21, 1898, so as to read as follows:]

DOCKET.

The clerk shall enter upon a docket all cases brought to and pending in the court in their proper chronological order, and such docket shall be called at every calendar session, as provided in rules 3 and 37. And if a case is called for hearing at two calendar sessions successively, and upon the call at the second session neither party is prepared to argue it, it will be dismissed at the cost of the plaintiff in error or appellant, unless sufficient cause is shown for further postponement.

3 For rule 16, as amended, see 31 C. C. A. c., 90 Fed. c.

4 For rule 17, as amended October 22, 1894, see 31 C. C. A. cl., 90 Fed. cl.

23.5

[Paragraph 6 of rule 23 was amended November 21, 1898, so as to read as follows:]

6. In any case where the record shall have been printed in the court below, either circuit judge may, on the written application of the plaintiff in error or appellant, order that such printed record be used in this court. In such case the judge shall require, as a condition of making the order, a certificate of the clerk of this court that the record is in accordance with the printing rules and is properly indexed, in which case the supervision fee provided in table of costs," rule 31, shall be charged and collected by the clerk.

5 For rule 23, as amended, see 31 C. C. A. cii., 90 Fed. cii.

• See 31 C. C. A. clxxi., 90 Fed. clxxi.