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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.


Rule 25, as amended February 27, 1894, reads as follows:

ORAL ARGUMENTS. 1. The plaintiff in error or appellant in this court shall be entitled to open and conclude the argument of the case. But when there are cross appeals they shall be argued together as one case, and the plaintiff in the court below shall be entitled to open and conclude the argument.

2. Only two counsel will be heard for each party on the argument of a case.

3. One hour will be allowed for the plaintiff in error or appellant to open and present his case, and one hour will be allowed to the defendant in error or appellee to answer; thirty minutes will then be allowed to the plaintiff in error or appellant to reply. No more time will be allowed for argument without special leave of the court.


Ordered, that the following rule be adopted and published:



1. Writs of error to review criminal cases tried in any district or circuit court of the United States within this circuit, which may be reviewed under the provisions of the act of March 3, 1891, creating

1 For rule 2.5 originally adopted in the Fifth circuit, see 21 C. C. A. cxxiv., 78 Fed. cxxiv.

this court, and the act of congress amendatory thereof, approved January 20, 1897, may be allowed in term time or in vacation by the circuit justice assigned to this circuit, by either of the circuit judges, or by any district judge who presided on the trial, 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 proceedings pending the determination of such writ of error.

2. Where such writ of error is allowed in any criminal case as aforesaid, the circuit court or district court, before which the accused was tried, or the trial judge, or the circuit justice assigned to the circuit, or either of the circuit judges, shall have the power, after the citation has been duly served, to admit the accused to bail in such amount as may be ed, such bail bond to be, ear as may be, in the form prescribed in the appendix to these rules.

Promulgated June 11, 1897.

[Form of Appearance Bond on Writ of Error in Criminal Cases. ]
Know all men by these presents:
That we,

as principal, and as sureties, are held and firmly bound unto the United States of America in the full and just sum of dollars, to be paid to the said United States of America, to which payment well and truly to be made we bind ourselves, our heirs, executors, and administrators, jointly and severally, by these presents.

Sealed with our seals and dated this day of in the year of our Lord one thousand eight bundred and ninety

Whereas, lately at the term, A. D. 189—, of the court of the T'nited States for the - district of in a suit pending in said court between the l'nited States of America, plaintiff, and defendant, a judgment and sentence was rendered against the said

and the said has obtained a writ of error from the United States circuit court of appeals for the Fifth circuit, to reverse the judgment and sentence in the aforesaid suit, and a citation directed to the said United States of America, citing and admonishing the United States of America to be and appear in the United States circuit court of appeals for the Fifth circuit, at the city of New Orleans, Louisiana, sixty days from and after the date of said citation, which citation has been duly served.

Now, the condition of the above obligation is such that if the said shall appear in the United States circuit court of appeals for the Fifth cir. cuit on the first day of the next term thereof, to be held at the city of on the first Monday in —, A. D. 189—, and from day to day thereafter during said term, and from term to term, and from time to time, until finally discharged therefrom, and shall abide by and obey all orders made by the said United States circuit court of appeals for the Fifth circuit in said cause, and shall surrender himself in execution of the judgment and sentence appealed from as said court may direct, if the judgment and sentence of the said court against him shall be affirmed by the said United States circuit court of appeals for the Fifth circuit, then the above obligation to be void; else to remain in full force, virtue, and effect.


[Seal.] Approved:


Judge of the






Hon. HORACE GRAY, ircuit 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.
Hon. THOMAS L. NELSON, District Judge, Massachusetts.
Hon. GEORGE M. CARPENTER, District Judge, Rhode Island.1
Hon. ARTHUR L. BROWN, District Judge, Rhode Island.2


Hon. RUFUS W. PECKHAM, Circuit Justice.
Hon. WILLIAM J. WALLACE, Circuit Judge.
Hon. E. HENRY LACOMBE, Circuit Judge.
Hon. NATHANIEL SHIPMAN, Circuit Judge.
Hon. WILLIAM K. TOWNSEND, District Judge, Connecticut.
Hon. ALFRED C. COXE, District Judge, N. D. New York.
Hon. ADDISON BROWN, District Judge, S. D. New York.
Hon. CHARLES L. BENEDICT, District Judge, E. D. New York.
Hon. HOYT H. WHEELER, District Judge, Vermont.


Hon. GEORGE SHIRAS, Jr., Circuit Justice.
Hon. MARCUS W. ACHESON, Circuit Judge.
Hon. GEORGE M. DALLAS, Circuit Judge.
Hon. LEONARD E. WALES, District Judge, Delaware.3
Hon. EDWARD G. BRADFORD, District Judge, Delaware. 4
Hon. EDWARD T. GREEN, District Judge, New Jersey.5
Hon. ANDREW KIRKPATRICK, District Judge, New Jersey,
Hon. WILLIAM BUTLER, District Judge, E. D. Pennsylvania.
Hon. JOSEPH BUFFINGTON, District Judge, W. D, Pennsylvania.


Confirmed December 15, 1896. Deceased.

24 C.C.A.

4 Confirmed May 11, 1897.
6 Deceased October 10, 1896.

Confirmed December 15, 1896.


Hon. MELVILLE W. FULLER, Circuit Justice.
Hon. NATHAN GOFF, Circuit Judge.
Hon. CHARLES H. SIMONTON, Circuit Judge.
Hon. THOMAS J. MORRIS, District Judge, Maryland.
Hon. AUGUSTUS S. SEYMOUR, District Judge, E. D. North Carolina.1
Ilon. THOMAS R. PURNELL, District Judge, E, D, North Carolina. 2
Hon. ROBERT P. DICK, District Judge, W. D. North Carolina.
Hon. WILLIAM H. BRAWLEY, District Judge, E. and W. D. South Carolina.
Hon. ROBERT W. HUGHES, District Judge, E. D. Virginia.
Hon. JOHN PAUL, District Judge, W. D. Virginia.
Hon. JOHN J. JACKSON, District Judge, West Virginia.


Hon. EDWARD D. WHITE, Circuit Justice.
Hon. DON A. PARDEE, Circuit Judge.
Hon. A. P. McCORMICK, Circuit Judge.
Hon. JOHN BRUCE, District Judge, M. and N. D. Alabama.
Hon. HARRY T. TOULMIN, District Judge, S. D. Alabama.
Hon. CHARLES SWAYNE, District Judge, N. D. Florida.
Hon. JAMES W. LOCKE, District Judge, S. D. Florida.
Hon. WILLIAM T. NEWMAN, District Judge, N. D. Georgia.
Hon. EMORY SPEER, District Judge, S. D. Georgia.
Hon. CHARLES PARLANGE, District Judge, E. D, Louisiana.
Hon. ALECK BOARMAN, District Judge, W. D. Louisiana.
Hon. HENRY C. NILES, District Judge, N. and S. D. Mississippi.
Hon. DAVID E. BRYANT, District Judge, E. D. Texas.
Hon. JOHN B. RECTOR, District Judge, W. D. Texas.
Hon. THOMAS S. MAXEY, District Judge, W. D. Texas.


Hon. JOHN M. HARLAN, Circuit Justice.
Hon. WILLIAM H. TAFT, Circuit Judge.
Hon. HORACE H. LURTON, Circuit Judge.
Hon. JOHN WATSON BARR, District Judge, Kentucky.
Hon. HENRY H. SWAN, District Judge, E. D. Michigan.
Hon. HENRY F. SEVERENS, District Judge, W. D. Michigan.
Hon. AUGUSTUS J. RICKS, District Judge, N. D. Ohio.
Hon. GEORGE R. SAGE, District Judge, S. D. Ohio.
Hon. CHARLES D. CLARK, District Judge, E, and M. D. Tennessee.
Hon. ELI S. HAMMOND, District Judge. W. D. Tennessee.

1 Deceased.

• Confirmed May 5, 1897.

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