THE FEDERAL REPORTER. VOLUME 79. CASES ARGUED AND DETERMINED IN THE CIRCUIT COURTS OF APPEALS AND CIRCUIT PERMANENT EDITION. APRIL-JUNE, 1897. ST. PAUL: 1897. RULES OF COURT. UNITED STATES CIRCUIT COURT OF APPEALS. Second Circuit. 35. 1. An appeal or writ of error from a circuit court or a district court to this court in the cases provided for in sections 6 and 7 of the act 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 3, 1891, and acts to amend said act approved February 18, 1895, and January 20, 1897, may be allowed in term time or vacation by the circuit justice or by any circuit judge within the circuit, or by any district judge within his district, 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 of proceedings, pending such writ of error or appeal. 2. Where such writ of error to this court is allowed in the case of a conviction of an infamous crime or in any other criminal case in which it will lie, the circuit court or district court, or any justice or judge thereof, shall have power, after the citation is served, to admit the accused to bail in such amount as may be fixed. WM. J. WALLACE. Adopted May 3, 1897. Fifth Circuit. 23. Ordered, that rule 23 be amended so as to read as follows: 1. The clerk shall, upon the docketing of a case, forthwith cause an estimate to be made of the cost of printing the record and of his fee for preparing it for the printer and supervising the printing, and shall notify the party docketing the case the amount of the estimate. If he shall not pay it within a reasonable time, the clerk shall notify the adverse party, and he may pay it. If neither party shall pay it, 1 For rule 23, originally adopted in the Fifth circuit, see 21 C. C. A. cxxii., 78 Fed. cxxii. and for want of such payment the record shall not have been printed when a case is reached for hearing on the regular call of the docket, the case shall be dismissed. 2. The clerk shall cause the record in all cases to be printed forthwith after the payment of such estimate, and shall immediately thereafter furnish to the counsel of each party whose appearance shall have been entered, three copies of the printed record, taking a receipt therefor, and the parties may, by written stipulation filed prior to the printing of the record; agree that only parts of the record shall be printed, and the same may be heard only on the parts so printed, but the court may direct the printing of other parts of the record. 3. The clerk shall not take to the printer the original transcript on file, but shall cause copies to be made for the printer of such original papers sent up under rule 14, or other original papers, as are necessary to be printed. 4. The clerk shall cause at least twenty-five copies of the record to be printed, and may print a larger number on the request of either party on payment of the amount necessary for the printing of such extra copies. 5. The clerk shall supervise the printing and see that the printed record is properly indexed. He shall distribute the printed copies to the judges of the court and to the reporter from time to time, as required. If the cost of printing the record, together with the clerk's fee for supervising the same, shall be less than the amount estimated and paid, the difference shall be refunded by the clerk to the party paying the same. If the actual cost and the clerk's fee shall exceed the clerk's estimate, the amount of such excess shall be paid to the clerk before he shall deliver or file the printed record or any copies thereof. 6. In case of reversal, affirmance or dismissal with costs, the amount of the costs of the printing of the record and of the clerk's fee for supervising the same shall be taxed against the party against whom costs are given, and shall be inserted in the body of the mandate or other proper process. 7. The clerk shall receive from either party, and use as parts of the printed record so far as the same may be of proper size and type, any portions which may have been printed in any other court, and also printed copies of patents and exhibits, allowing the party furnishing the same such sum therefor as the clerk deems reasonable, to be added to and form a part of the costs of printing. Adopted May 11, 1897. JUDGES OF THE UNITED STATES CIRCUIT COURTS OF APPEALS AND THE CIRCUIT AND DISTRICT COURTS. FIRST CIRCUIT. Hon. HORACE GRAY, Circuit Justice. Hon. LE BARON B. COLT, Circuit Judge. Hon. WILLIAM L. PUTNAM, Circuit Judge. Hon. NATHAN WEBB, District Judge, Maine. Hon. EDGAR ALDRICH, District Judge, New Hampshire. SECOND CIRCUIT. Hon. RUFUS W. PECKHAM, Circuit Justice. Hon. NATHANIEL SHIPMAN, Circuit Judge. Hon. WILLIAM K. TOWNSEND, District Judge, Connecticut. Hon. ADDISON BROWN, District Judge, S. D. New York. THIRD CIRCUIT. Hon. GEORGE SHIRAS, Jr., Circuit Justice. Hon. GEORGE M. DALLAS, Circuit Judge. Hon. LEONARD E. WALES, District Judge, Delaware.8 |