Know all Men by these Presents: as principal, and That we, 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 year of our Lord one thousand nine hundred and Whereas, lately at the day of term, A. D. 190-, of the district of in the Court of the United States for the in a suit pending in said court, between the United 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, thirty 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 Circuit, on the first day of the next term thereof, to be held at the city of on the first Monday in A. D. 190-, 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. Approved: Judge of the -[Seal] [Seal] [Seal] The Seventh Circuit has no Rule 37. Eighth Circuit-Order of Court. (1) Before the filing of a petition to revise (in Bankruptcy), the same shall be presented to the court, or one of the circuit judges, for leave to file the same and for an order fixing the return-day to the notice required by law. (2) When such petition is accompanied by a written. consent that the petition to revise may be filed and a waiver by the respondent or respondents, or their counsel, of such notice, no notice will be issued. In such cases the case will be docketed by the clerk. Ninth Circuit-Photograph of Chinese to be Attached to Bail Bond. Whenever, in cases of deportation of Chinese, the defendant be admitted to bail pending appeal, before the bond be approved and the party released from custody a photograph of defendant shall be attached to said bond. RULE XXXVIII-Review of Orders in Bankruptcy Second Circuit-Petitions to review orders in bankruptcy, filed under the provisions of sec. 24 (b) of the Bankruptcy Act, must be filed and served within ten days after the entry of the order sought to be reviewed, and a transcript of the record of the proceedings in the bankruptcy court of the matter to be reviewed must be filed and the cause docketed within thirty days thereafter, but the judge of the bankruptcy court may for good cause shown enlarge the time for filing the petition or record, the order of enlargement to be made and filed with the clerk of this court before the expiration of the times hereby limited for filing the petition and record respectively. Fourth Circuit-See Rule 36, page 347. Eighth Circuit-Notice. (1) The notice to be given as provided by law (upon a petition to revise) shall be issued by the clerk of this court, under the seal thereof, and shall be addressed to the defendant or defendants, and be served by the marshal of this court, unless an acknowledgment or acceptance of service thereof is made by the defendant or defendants, or their counsel.1 Ninth Circuit-No Rule 38. RULE XXXIX-Response Eighth Circuit-The response to the petition (upon a petition to revise) when the respondent elects to make a 1 See Rule 36, page 349. written response, shall be filed within thirty days after the service of the notice or the filing of a waiver thereof. RULE XL-Printing of Record Eighth Circuit-(1) The clerk shall cause the petition and exhibits thereto if any and the order notice, and response, if any, to be printed as soon as convenient after the response is filed or the time for filing such response has expired and shall distribute the printed copies of same to counsel for the respective parties as soon as the same are printed. RULE XLI-Briefs and Arguments Eighth Circuit-(1) Twenty copies of the brief and argument in behalf of petitioner shall be printed and filed twenty days before the date set for the hearing, and twenty copies of the brief and argument for the respondent or respondents shall be printed and filed eight days before the date of hearing. RULE XLII-Hearing Eighth Circuit-(1) Petitions to revise filed in vacation shall be assigned by the clerk for hearing in their regular order at the next session or term of the court in the same manner as appeals and writs of error in other cases. (2) Petitions to revise filed during a session of the court, when a sufficient showing of urgency is presented, may be set for hearing at that term and upon such terms and conditions as the court may direct. (3) Petitions to revise assigned by the clerk in their regular order as provided in sec. 1 of this rule, when such assignment is for a day near the close of the session, may be advanced by order of the court and set for an earlier day, upon good cause shown therefor by either of the parties. RULE XLIII-Costs Eighth Circuit-(1) The costs and fees now provided by law in cases upon appeal or writ of error, shall, so far as the same are applicable, be taxed on petitions to revise. (2) Upon the determination of a petition to revise such order as to costs will be made as the court may deem necessary. RULE XLIV-Procedendo Eighth Circuit-(1) In all cases on a petition to revise, wherein the action or judgment of the District Court, complained of, is disapproved by this court, the clerk shall, at the expiration of thirty days from and after the date of entering the decree in this court, issue process in the nature of a procedendo to the said District Court for the purpose of informing such court of the proceedings in this court, so that further proceedings may be had in such District Court, in conformity with the decree of this court. (2) In all cases on petition to revise, wherein the action or decree of the District Court, complained of, is approved and confirmed, or said petition dismissed by this court, the clerk shall at the expiration of 30 days certify a copy of such decree to the District Court. RULE XLV-Appeals and Writs of Error in Bankruptcy Cases Eighth Circuit-(1) The appeals and writs of error provided for by sec. 25 of the bankruptcy law, approved July 1, 1898, shall be governed by the same rules and regulations as to costs and procedure as are provided by this court for appeals and writs of error in other cases. RULES IN ADMIRALTY IN THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT RULE I-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.1 RULE II-Notice and Bond SEC. 1-When a notice of appeal is served, the appellant shall file in the clerk's office of the District Court, a bond for costs of the appeal, with sufficient surety in the sum of two hundred and fifty dollars, conditioned that the appellant shall prosecute 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.1 SEC. 2-And if the appellant desires to stay the execution 1 Held in the Ninth Circuit that this rule so far modified Rule 11 of the General Rules that a petition for an appeal and the allowance thereof is not required in an admiralty case, nor is the assignment of errors required to be filed with notice of appeal. Held further, the assignment of errors must be sent up to the Appellate Court with the apostles as required by Rule 4 of the Admiralty Rules. Kenney v. Louie, No. 939. (Motion to dismiss appeal denied, May 6, 1903. No opinion filed.) |