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THE

FEDERAL REPORTER

VOLUME 47.

CASES ARGUED AND DETERMINED

IN THE

CIRCUIT COURTS OF APPEALS AND CIRCUIT
AND DISTRICT COURTS OF THE

UNITED STATES.

PERMANENT EDITION.

SEPTEMBER-DECEMBER, 1891.

KF
105
.F42
8.47-45

ST. PAUL:
WEST PUBLISHING CO.

COPYRIGAT, 1892,

BY

WEST PUBLISHING COMPANL
RULES

OF THB

United States Circuit Court of Appeals.

The following are the rules of the United States circuit court of appeals, adopted in each of the nine circuits. The rules are substantially identical in all the circuits, the points of difference being indicated by foot-notes.

1.

NAME.

The court adopts "United States Circuit Court of Appeals for the Circuit” as the title of the court.

2.

SEAL.

The seal shall contain the words “United States” on the upper part of the outer edge; and the words “Circuit Court of Appeals” on the lower part of the outer edge, running from left to right; and the words“ 1 Circuit" in two lines, in the center, with a dash beneath.

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* First, second, third, fourth, fifth, sixth, seventh, eighth, and ninth, respectively.

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TERMS. One term of this court shall be held annually at the city of sand shall be adjourned to such times and places as the court may from time to time designate.

4.

QUORUM. 1. If at any term a quorum does not attend on any day appointed for holding it, any judge who does attend may adjourn the court from time to time, or, in the absence of any judge, the clerk may adjourn the court from day to day. If, during a term, after a quorum has assembled, less than that num. ber attend on any day, any judge attending may adjourn the court from day to day until there is a quorum, or may adjourn without day.

2. Any judge attending when less than a quorum is present may make all necessary orders touching any suit, proceeding, or process, depending in or returned to the court, preparatory to hearing, trial, or decision thereof.

6.

CLERK. 1. The clerk's office shall be kept at the place designated in the act creating - the court at which a term shall be held annually.4

2. The clerk shall not practice, either as attorney or counselor, in this court, or in any other court, while he shall continue to be clerk of this court.

3. He shall, before he enters on the execution of his office, take an oath in the form prescribed by section 794 of the Revised Statutes, and shall give bond in a sum to be fixed, and with sureties to be approved, by the court, faithfully to discharge the duties of his office, and seasonably to record the decrees, judgments, and determinations of the court. A copy of such bond shall be entered on the journal of the court, and the bond shall be deposited for safe-keeping as the court may direct.

4. He shall not permit any original record or paper to be taken from the court-room or from the office without an order from the court.

This rule reads as follows in the third circuit: "Terms. The terms of this court shall commence and be held on the third Tuesday of March and the third Tuesday of September in each year, except the present term, at the city of Philadelphia.”

In the seventh circuit it reads: “Terms. A term of this court shall be held annually at the city of Chicago on the first Monday in October, and continue until the first Monday in October of the succeeding year. Each term shall be adjourned to such times and places as the court may from time to time designate. The first regular term shall commence on the first Monday in October, 1891."

8 In the first circuit, "at the city of Boston on the first Tuesday of October;” in the second circuit, “at the city of New York on the last Tuesday of October;” in the fourth circuit, “at the city of Richmond on the — ;" in the fifth circuit, «at the city of New Orleans on the third Monday of November;" in the sixth circuit, “at the city of Cincinnati on the first Monday of October;" in the eighth circuit, “at the city of St. Louis on the second Monday of October;" in the ninth circuit, “at the city of San Francisco on the first Monday of October. "

* In the fifth circuit, subdivision 1 of rule 5 reads: “The clerk's office shall be kept at the city of New Orleans.”

In the fifth circuit, "in the sum of ten thousand dollars, ($10,000.) *

MARSHAL, CRIER, AND OTHER OFFICERS.

1. Every marshal and deputy-marshal shall, before he enters on the duties of his appointment, take an oath in the form prescribed by section 782 of the Revised Statutes, and the marshal shall, before he enters on the duties of his office, give bond in a sum to be fixed, and with sureties to be approved, by the court, for the faithful performance of said duties by himself and his deputies. Said bond shall be tiled and recorded in the office of the clerk of the court.

2. The marsbal and crier shall be in attendance during the sessions of the court, with such number of bailiffs and messengers as the court may, from time to time, order.

ATTORNEYS AND COUNSELORS."

All attorneys and counselors admitted to practice in the supreme court of the United States, or in any circuit court of the United States, shall become attorneys and counselors in this court on taking an oath or affirmation in the form prescribed by rule 2 of the supreme court of the United States, and on subscribing the roll; but no fee shall be charged therefor.8

PRACTICE.

The practice shall be the same as in the supreme court of the United States, as far as the same shall be applicable.

.See note 5.

In the eighth circuit, this rule reads as follows: "All attorneys and counselors admitted to practice in the supreme court of the United States, or in any circuit court of the United States, or in the supreme court of any state in this circuit, may, upon motion of some member of the bar of this court, be admitted as attorneys and counselors in this court on taking an oath or afirmation in the for

ion in the form prescribed by rule 2 of the supreme court of the United States, and on subscribing the roll; but no fee shall be charged therefor."

In the ninth circuit, rule 7 reads as follows: "All attorneys admitted to practice in the supreme court of the United States, or in any circuit court of the ninth circuit, shall be deemed attorneys of the circuit court of appeals for the ninth circuit; but such attorneys, on or before their first appearance in open court in said court, shall take an oath or affirmation, in the form prescribed by rule 2 of the supreme court of the United States, and subscribe the roll of attorneys. All other persons who have been admitted to practice in the highest court of any state or territory, upon presenting satisfactory evidence of good moral character and fair professional standing, may be admitted to practice in said court, upon taking the oath so prescribed, and subscribing the roll of attorneys." 8 In the third ci

third circuit. the following clause is added to the rule: "And all attorneys and counselors of the circuit court of the United States for the third circuit shall be attorneys and counselors of this court without taking any further oath.”

In the sixth circuit, the following sentence is added: "A certificate of such admission, if demanded, shall be furnished upon the payment of a clerk's fee of two dollars and fifty cents.”

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