of the evidence taken in the court below, in any case pending in this court, on writ of error or appeal, shall be placed in the custody of the marshal of this court at least one month before the case is heard or submitted. 115 U. S. 701. 2. 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. 106 U. S. vii; 108 U. S. 592; 115 U. S. 701. 34.1 CUSTODY OF PRISONERS ON HABEAS CORPUS. 1. Pending an appeal from the final decision of any court or judge declining to grant the writ of habeas corpus, the custody of the prisoner shall not be disturbed. 117 U. S. 708. 2. Pending an appeal from the final decision of any court or judge discharging the writ after it has been issued, the prisoner shall be remanded to the custody from which he was taken by the writ, or shall, for good cause shown, be detained in custody of the court or judge, or be enlarged upon recognizance as hereinafter provided. 117 U. S. 708. 3. Pending an appeal from the final decision of any court or judge discharging the prisoner, he shall be enlarged upon a copy of his brief, on the adverse party, a notice of intention to submit, such as is required by Rule 6, to be given upon motions to dismiss writs of error and appeals. 111 U. S. v; 108 U. S. 591. 1 See § 765, Rev. Stat. recognizance, with surety, for appearance to answer the judgment of the appellate court, except where, for special reasons, sureties ought not to be required. 117 U. S. 708. 35.1 ASSIGNMENT OF ERRORS. 1. Where an appeal or a writ of error is taken from a District Court or a Circuit Court direct to this court, under § 5 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, 1891,2 the plaintiff in error or appellant shall file with the clerk of the court below, with his petition for the writ of error or appeal, an assignment of errors, which shall set out separately and particularly each error asserted and intended to be urged. No writ of error or appeal shall be allowed until such assignment of errors shall have been filed. When the error alleged is to the admission or to the rejection of evidence, the assignment of errors shall quote the full substance of the evidence admitted or rejected. When the error alleged is to the charge of the court, the assignment of errors shall set out the part referred to totidem verbis, whether it be in instructions given or in instructions refused. Such assignment of errors shall form part of the transcript of the record, and be printed with it. sel will not be heard, except at the request of the court; and errors not assigned according to this rule will be disregarded, but the court, at its option, may notice a plain error not assigned. 137 U. S. 709; 139 U. S. 705. When this is not done coun 2. The plaintiff in error or appellant shall cause the record 1 Originally adapted to writs of error under § 6 of the Act of February 6, 1889, c. 113, 25 Stat. 656. Rules 35, 36, 37, 38, were originally promulgated May 11, 1891, after the passage of the Circuit Court of Appeals Act; 139 U. S. 705, 707; see order, p. 707. 2 26 Stat. 826; and published at length, 138 U. S. 709. to be printed, according to the provisions of §§ 2, 3, 4, 5, 6, and 9, of Rule 10. 137 U. S. 709; 139 U. S. 705. 36. APPEALS AND WRITS OF ERROR. 1. An appeal or a writ of error from a Circuit Court or a District Court direct to this court, in the cases provided for in §§ 5 and 6 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, may be allowed, in term time or in vacation, by any justice of this court, or by any Circuit Judge within his circuit, or by any District Judge within his district, and the proper security be taken and the citation signed by him, and he may also grant a supersedeas and stay of execution or of proceedings, pending such writ of error or appeal. 139 U. S. 706. 2. Where such writ of error is allowed in the case of a conviction of an infamous crime, or in any other criminal case in which it will lie under said §§ 5 and 6, 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. 139 U. S. 706; see 3 Dall. 120; 1 Cranch, xvi; 1 Wheat. xv; 1 Pet. vi; 1 How. xxiv. 37. CASES FROM CIRCUIT COURT OF APPEALS. 1. Where, under § 6 of the said act, a Circuit Court of Appeals shall certify to this court a question or proposition of law, concerning which it desires the instruction of this court for its proper decision, the certificate shall contain a proper statement of the facts on which such question or proposition of law arises. 139 U. S. 706. 2. If application is thereupon made to this court that the whole record and cause may be sent up to it for its consideration, the party making such application shall, as a part thereof, furnish this court with a certified copy of the whole of said record. 139 U. S. 706. 3. Where application is made to this court under § 6 of the said act to require a case to be certified to it for its review and determination, a certified copy of the entire record of the case in the Circuit Court of Appeals shall be furnished to this court by the applicant, as part of the application. 139 U. S. 707. 38. INTEREST, COSTS, AND FEES. The provisions of Rules 23 and 24 of this court, in regard to interest and costs and fees, shall apply to writs of error and appeals and reviews under the provisions of §§ 5 and 6 of the said act. 139 U. S. 707. 39. MANDATES. Mandates shall issue as of course after the expiration of thirty days from the day the judgment or decree is entered, unless the time is enlarged by order of the court, or of a justice thereof when the court is not in session, but during the term. 159 U. S. 709. APPLICATIONS FOR CERTIORARI. OFFICE OF THE CLERK, SUPREME COURT OF THE UNITED STATES, INSTRUCTIONS AS TO APPLICATIONS FOR WRITS OF CERTIORARI UNDER ACT OF MARCH 3, 1891. The following are the requirements on applications for writs of certiorari under the act of March 3, 1891: v. Petitions are docketed in this court as Respondent. Petitioner, Before the petition will be docketed there must be furnished this office: 1. An original petition with written signature of counsel. 2. A certified copy of the transcript of the record, including all proceedings in the Circuit Court of Appeals. 3. An appearance of counsel for petitioner, signed by a member of the bar of this court. 4. A deposit of twenty-five dollars ($25) on account of costs. Before submission of the petition there must be furnished: 1. Proof of service of notice of date fixed for submission and of copies of petition and brief upon counsel for the respondent. About two weeks' notice should be given. 2. Twenty-five (25) printed copies of the petition. 3. Twenty-five (25) printed copies of brief in support of petition, if any such brief is to be filed. 4. At least nine (9) uncertified copies of record, which must contain all the proceedings in the Circuit Court of Appeals. These copies may be made up by using copies of the record as printed for the Circuit Court of Appeals and adding thereto printed copies of the proceedings in that court. If a sufficient number of records thus made up can not be obtained, making it necessary to reprint the record for use on the hearing of the |