desire to have it heard, they may file with the clerk their joint request to that effect, and the case shall then be by him reinstated for call ten cases after that under argument, or next to be called at the end of the day the request is filed. If the parties will not unite in such a request, either may move to take up the case, and it shall then be assigned to such place upon the docket as the court may direct.

10. No stipulation to pass a case without placing it at the foot of the docket will be recognized as binding upon the court. A case can only be so passed upon application made and leave granted in open court.

27.

ADJOURNMENT.

The court will, at every term, announce on what day it will adjourn at least ten days before the time which shall be fixed upon; and the court will take up no case for argument, nor receive any case upon printed briefs, within three days next before the day fixed upon for adjournment.

28.

DISMISSING CASES IN VACATION.

Whenever the plaintiff and defendant in a writ of error pending in this court, or the appellant and appellee in an ap peal, shall in vacation, by their attorneys of record, sign and file with the clerk an agreement in writing directing the case to be dismissed, and specifying the terms on which it is to be dismissed as to costs, and shall pay to the clerk any fees that may be due to him, it shall be the duty of the clerk to enter the case dismissed, and to give to either party requesting it a copy of the agreement filed; but no mandate or other process shall issue without an order of the court.

29.

SUPERSEDEAS.

Supersedeas bonds in the circuit courts must be taken, with good and sufficient security, that the plaintiff in error or appellant shall prosecute his writ or appeal to effect, and answer

all damages and costs if he fail to make his plea good. Such indemnity, where the judgment or decree is for the recovery of money not otherwise secured, must be for the whole amount of the judgment or decree, including just damages for delay, and costs and interest on the appeal; but in all suits where the property in controversy necessarily follows the event of the suit, as in real actions, replevin, and in suits on mortgages, or where the property is in the custody of the marshal under admiralty process, as in case of capture or seizure, or where the proceeds thereof, or a bond for the value thereof, is in the custody or control of the court, indemnity in all such cases is only required in an amount sufficient to secure the sum recovered for the use and detention of the property, and the costs of the suit, and just damages for delay, and costs and interest on the appeal.

30.

REHEARING.

A petition for rehearing after judgment can be presented only at the term at which judgment is entered, unless by special leave granted during the term; and must be printed, and briefly and distinctly state its grounds, and be supported by certificate of counsel; and will not be granted, or permitted to be argued, unless a justice who concurred in the judgment desires it, and a majority of the court so determines.

31.

FORM OF PRINTED RECORDS AND BRIEFS.

All records, arguments, and briefs printed for the use of the court must be in such form and size that they can be conveniently bound together, so as to make an ordinary octavo volume.

32.

WRITS OF ERROR AND APPEALS

UNDER SECTION 5 OF THE ACT OF MARCH 3D, 1875.

1. Writs of error and citations under section 5 of the act of March 3d, 1875, "to determine the jurisdiction of the circuit

courts of the United States, and to regulate the removal of causes from the State courts, and for other purposes," for the review of orders of the circuit courts dismissing suits, or remanding suits to a State court, must be made returnable within thirty days after date, and be served before the return-day.

2. In all cases where writ of error or appeal is brought to this court under the provisions of that act, it shall be the duty of the plaintiff in error or the appellant to docket the case and file the record in this court within thirty-six days after the date of the writ of error, or the taking of the appeal, if there shall be a term of the court pending at that time, and if not, then during the first six days of the next term. If default be made in this particular, proceedings to docket and dismiss may be had as in other cases.

3. All such cases will be advanced on motion, and heard under the rules prescribed by Rule 6 in regard to motions to dismiss writs of error and appeals.

4. As soon as such a case is docketed and advanced, the record shall be printed, unless the parties stipulate to the contrary, and file their stipulation with the clerk.

5. In all cases where a period of thirty days is included in the times fixed by this rule, it shall be extended to sixty days in writs of error and appeals from California, Oregon, or Nevada.

33.

MODELS, DIAGRAMS, AND EXHIBITS OF MATERIAL.

All models, diagrams, and exhibits of material, placed in the custody of the marshal for the inspection of the court on the hearing of a case, must be taken away by the parties within one month after the case is decided. When this is not done, it shall be the duty of the marshal to notify the counsel in the case, by mail or otherwise, of the requirements of this rule; and if the articles are not removed within a reasonable time after the notice is given, he shall destroy them, or make such other disposition of them as to him may seem best.

INDEX.

ADMINISTRATOR.

See EXECUTOR AND ADMINISTRATOR.

ADMIRALTY.

1. A final decree in a collision suit in admiralty where the res has been
surrendered, on a stipulation under the provisions of § 941, Rev.
Stat., may be entered against both principal and sureties at the time
of its rendition. The Belgenland, 153.

See CONTRACT, 1;

JURISDICTION, A, 17, 18;

SALVAGE, 1, 2;
SUPERSEDEAS, 1, 2.

AFFREIGHTMENT.

See CONTRACT, 1.

APPEAL.

1. Cross-appeals must be prosecuted like other appeals. When a party
making a cross-appeal fails, for a period long after the time allowed
by law, to perfect his cross-appeal, the court, of its own motion, will
dismiss it for want of prosecution. Hilton v. Dickinson, 165.

2. When it appears on the face of the record that the value of the matter
in dispute is not sufficient to give jurisdiction, the court will, of its
own motion, dismiss an appeal. Id.

See JURISDICTION, A, 4;
PRIZE, (1);
SUPERSEDEAS, 1, 2.

ASSIGNMENT FOR BENEFIT OF CREDITORS.

1. A general assignment for the benefit of creditors, made without intent
to hinder, delay, or defraud creditors, is valid for the purpose of
securing an equal distribution of the estate of the assignor among his
creditors, in proportion to their several demands, except as against
VOL. CVIII-38

proceedings instituted under the Bankrupt Act for the purpose of
securing the administration of the property in a bankruptcy court.
Boese v. King, 379.

2. A general assignment of a debtor's property made for the benefit of
creditors, purporting to be made under a State Insolvent Law, which
had, at the time of the assignment, been suspended in whole or in
part by a bankrupt act, may nevertheless be sustained as sufficient to
pass a title to assignees in the absence of proceedings in bankruptcy
impeaching it, or of appropriate steps by the assignor for its cancella-
tion. Id.

See CONFLICT OF LAW, 3.

BANK.

See INDICTMENT, 1, 2, 3, 4, 5.

BANKRUPTCY.

1. One of two partners files a voluntary petition in bankruptcy, alleging
that the other partner will not join him, and praying to have him de-
clared a bankrupt: Held, That this, as to the other partner, is a case
of involuntary bankruptcy within the meaning of the act of June 22d,
1874, ch. 130, § 10, 18 Stat. 180. Medsker v. Bonebrake, 66.

See ASSIGNMENT FOR BENEFIT OF CREDITORS, 1, 2;
CONFLICT OF Law, 3;

FRAUDULENT CONVEYANCE, 1, 2.

BOND.

1. The State of Rhode Island authorized the B. H. & E. Company, a Con-
necticut corporation, to extend within the limits of the State a road
acquired by lease. The act further contained the following proviso :
"This act shall not go into effect unless the said B. H. & E. Company
shall, within ninety days from the rising of this general assembly, de-
posit in the office of the general treasurer their bond, with sureties
satisfactory to the governor of this State, in the sum of $100,000, that
they will complete their said road before the first day of January, A. D.
1872." Within the time named the requisite bond was filed in the
sum of $100,000 conditioned as follows: "Now, therefore, if said B.
H. & E. Company shall complete their said railroad before the first
day of January, A. D. 1872, then the aforewritten obligation shall be
void; otherwise be and remain in full force and effect;" and as the
requisite security for the payment of the bond, a loan certificate of
the city of Boston for $100,000 was deposited with the State treasurer.
The B. H. & E. Company became bankrupt. The assignees in bank-
ruptcy filed a bill in equity to restrain the treasurer of the State from
collecting the certificate. The treasurer demurred on the ground