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RULES IN ADMIRALTY
1. Appeals and new pleadings.
New testimony; how taken.
Rule 1. Appeals and new pleadings An appeal to the Circuit Court of Appeals shall be taken by filing in the office of the clerk of the District Court, and serving on the proctor of the adverse party a notice signed by the appellant or his proctor, 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.
Rule 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
Review; apostles on appeal — Rules 3, 4
bond for costs of the appeal, with sufficient surety in the sum of $250, conditioned that the appellant shall prosecuto 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 security in such further sum as the judge of the District Court or a judge of this court shall order, conditioned that he shall 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 residence 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.
Rule 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.
Rule 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 properly 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