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curity that the appellant shall prosecute his writ or appeal to effect, and answer all costs if he fail to make his plea good.

2. If the appeal or writ of error is to operate as a supersedeas, the court or judge shall

, in the allowance, order that it have such effect upon the filing of the required bond, and in such case, the bond shall be conditioned to answer all damages and costs. 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 suit, as in real actions and replevin, and in suits on mortgages, or where the property is in the custody of the marshal under admiralty process, or where the proceeds thereof, or a bond for the value thereof, are in the custody of the court, indemnity will be required only 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.

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1. All appeals, writs of error and citations must be made returnable not exceeding thirty days from the day of allowing the appeal in open court or signing the citation, whether the return fall in vacation or in term time, and must be served before the return day.

2. The clerk of the District Court shall make return to any writ of error to, or appeal from, that court, by transmitting, certified under his hand and the seal of the court, a transcript of the record in the District Court, prepared as directed by other provisions of this rule. He shall make such return on or before the return day, unless the time there for be extended as otherwise provided in these rules.

3. In all appeals, not in admiralty (and save in cases under general equity rule 77), the transcript—the contents of which are to be determined pursuant to clauses (a) and (c) of general equity rule 75 (note 1)-shall always include: (1) the statement of evidence; (2) the clerk's


AND PREPARATION. In case of appeal: (a) It shall be the duty of the appellant or his solicitor to file with the clerk of the court from which the appeal is prosecuted, together with proof or acknowledgment of service of a copy on the appellee or his solicitor, a præcipe which shall indicate the portions of the record to be incorporated into the transcript on such appeal. Should the appellee or his solicitor desire additional portions of the record incorporated into the transcript, he shall file with the clerk of the court his præcipe also within ten days thereafter, unless the time shall be enlarged by the court or a judge thereof, indicating such additional portions of the record desired by him.

(b) The evidence to be included in the record shall not be set forth in full, but shall be stated in simple and condensed form, all parts not essential to the decision of the questions presented by the appeal being omitted and the testimony of witnesses being stated only in narrative form, save that if either party desires it, and the court or judge so directs, any part of the testimony shall be reproduced in the exact words of the witness. The duty of so condensing and stating the evidence shall rest primarily on the appellant,

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wing what portions are included by request of each

opinion or memorandum filed by the judge pertaining involved in the appeal; (4) the pleadings affecting the : appealed from, and such order or decree; (5) all prog to the appeal and the security given thereon, together the citation, if one there was, and the evidence of seryes removed from the state court, the full transcript on 7) in bankruptcy, shall also contain the petition for adthe order thereon. It shall omit: (1) all formal prong into court parties who afterwards appear generally, oceedings are involved in the desired review; and (2) petitions filed and all affidavits in connection therewith, made and proceedings had thereon, unless such matters the desired review. It shall carry, at the beginning of name thereof, and the date when it was filed, omitting court and the cause and all formal endorsements (note i decrees shall carry a short, descriptive title with the and the name of the judge, but without other caption bits or documents shall not be duplicated, but a cross be made. it of error from this court, the contents of the tranetermined and the transcript made up in the same manclauses (a) and (c) of general equity rule 75 and clause both applied as near as may be to an action at law. shall contain also a copy of the bill of exceptions, the error and the writ of error. nal citation with proof of service and the original writ e filed with the clerk of the court below and be by him 1 the transcript to the clerk of this court. · it shall be necessary or proper, in the opinion of the e his statement thereof and lodge the same in the clerk's nination of the other parties at or before the time of filing

paragraph (a) of this rule. He shall also uotify the other licitors of such lodgment and shall name a time and place

the court or judge to approve the statement, the time so
ast ten days after such notice. At the expiration of the
h further time as the court or judge may allow, the state-
th any objections made or amendments proposed by any
esented to the court or the judge, and if the statement be
1 properly prepared, it shall be approved by the court or
e not true, complete or properly prepared, it shall be made
ction of the court or judge and shall then be approved.
t shall be filed in the clerk's office and become a part of

purposes of the appeal.
ence arise between the parties concerning directions as to
its of the record to be prepared on the appeal, such dif-
ubmitted to the court or judge in conformity with the pro-
ph (b) of this rule and shall be covered by the directions
judge may give on the subject.

Filed February 1, 1913."

Entered February 1, 1913,

by Judge

District Judge, that original papers or exhibits of any kind shall be inspected in this court upon review,, he may make such rule or order as to him may seem proper for the safe-keeping, transporting and return of such original papers and exhibits; and this court will receive and consider such originals in connection with the transcript.

7. The record, in cases of admiralty and maritime jurisdiction, shall be made up as provided in general admiralty rule 52.

8. On motion duly made, or on its own motion, this court will order portions to be stricken from the transcript, or additions to be made thereto by supplementary return, as may appear proper.




1. Whenever a party to a case pending in this court shall die, the personal representative may suggest the death upon the record, filing evidence of his representative capacity, and designating counsel, and thereupon the case shall stand as revived in behalf of or against the interest of the deceased party, and the cause shall proceed as in other

2. Where a party to a case pending in this court shall die and his personal representative does not, within sixty days after such death, appear under clause 1, any other party in interest may suggest such death upon the record, filing evidence of the due appointment of a personal representative, and thereupon, and without notice, the court or any judge thereof will make an order that such personal representative appear and designate counsel. In default of such appearance, within thirty days after service on such personal representative of a certified copy of such order, the adverse party, on proof of such service and without further notice, may have, from this court, an order either to revive the cause and direct that it proceed as to the interest held by the deceased party or to dismiss the case as to such interest, as may be by the court thought proper.

3. If the death of a party is brought to the attention of this court, and proceedings are not taken under clause 1 or clause 2 sufficiently to dispose of the resulting situation, the court will, on its own motion, direct such steps to be taken as are proper to dispose of the case or expedite the hearing.

4. Whenever any party to a suit pending in a District Court shall die, and because of such death and because of the absence of any personal representative of the deceased within the jurisdiction of the District Court and any means of compelling the appointment of such a representative within such jurisdiction the adverse party is not able to have the case revived in the District Court and to proceed with the desired review in this court, the adverse party desiring a review may proceed as if such death had not occurred, and may have supersedeas as in other cases, serving all required papers and notices upon such persons as, in the judgment of the District Court, will be most likely to give notice to all persons interested in the estate, and as may be directed by the District Court. When the record in such a case has

been filed in this court, the same proceedings shall be had as specified in clauses two and three, or the Court will take such proceedings as may to it seem advisable to bring in the proper parties.


PROCEEDINGS IN FORMA PAUPERIS. 1. Applications for leave to proceed in this court pursuant to the act of July 20, 1892, as amended June 25, 1910, must be by special motion with notice under rule 24. If made before return is filed in this court, notice shall be served upon the adverse counsel in the District Court. The showing by affidavit must be sufficient to satisfy this court that the appellant is entitled to the benefit of the act.

2. If appellant was plaintiff or complainant below, he must, with his application to this court, make it appear whether or not any other person--attorney, counsel, or otherwise-is beneficially interested in the recovery sought, and, if so, that every such person is, because of his poverty, unable to pay, or give security for, the costs from which appellant seeks to be excused.

18. THE DOCKET-DOCKETING-DISMISSING. 1. The clerk shall enter upon the docket in their proper chronological order all cases brought to or in this court.

2. The appellant shall docket the case and file the record thereof with the clerk of this court by or before the return day, whether in vacation or in term time, and at the time of filing the record, the appellant shall deposit with the clerk the sum of thirty-five dollars as security for costs, except in cases in which the proper showing is made and an order of this court is entered thereon allowing the cause to proceed in forma pauperis, and except in the cases where, by statute, advance payment of costs is not required. For good cause shown, the justice or judge who signed the citation, or any judge of this court, may enlarge the time for return at or before its expiration, the order of enlargement to be returned with the record and filed with the clerk of this court. If the appellant fail to comply with this rule, the appellee may have the cause docketed and dismissed, upon producing a certificate from the clerk of the court wherein the said judgment or decree was rendered, stating the case and certifying that such writ of error or appeal has been duly sued out or allowed. In no case shall the appellant be entitled to docket the case and file the record after the same shall have been docketed and dismissed under this rule, unless by order of the court.

3. The appellee may, at his option, docket the case and file a copy of the record with the clerk of this court; and if the case is docketed and a copy of the record filed with the clerk of this court by the appellant within the period of time above limited and prescribed by this rule, or by the appellee at any time thereafter, the case shall stand for argument.

4. The appearance of the counsel docketing the case shall thereupon be entered upon the docket.

5. All subsequent papers filed, orders made and proceedings had, shall be noted upon the docket.

6. Whenever counsel for appellant and appellee shall, in vacation, sign and file with the clerk an agreement in writing directing the case to be dismissed and specifying the terms as to costs, on which terms it is to be dismissed, and shall pay to the clerk any fees due, he shall enter the case on his docket as dismissed and give to either party requesting it a copy of the agreement filed; but no mandate or other process on such dismissal shall be issued without the order of the court.


PRINTING RECORDS. 1. In cases where the record is printed by the appellant under act of February 13, 1911, he shall file with the clerk twenty-five printed copies thereof within the time as limited or extended for making return to writ of error or appeal. The clerk shall examine the printed records so offered to ascertain whether the transcript complies with rule 15, and also, whether the printed records comply with the statute and are properly indexed. If, in his judgment, they are insufficient in any particular, he shall bring the matter to the attention of the court, which will thereupon make such order as to it may seem proper for corrected or supplementary return and printed records. As soon as the printed records are approved as filed or perfected as ordered, the clerk shall deliver one copy to each counsel or group of counsel representing a separate interest, and shall continue such distribution as counsel' subsequently appear.

2. The clerk shall, from time to time and as directed by the senior Circuit Judge, receive proposals for printing such records as are to be printed by the clerk, which proposals shall be submitted to such judge, who will, in his discretion, award such printing to the most satisfactory bidder; and the same shall be done, during the period of such award, by the person to whom it is made.

3. In cases where appellant is not proceeding under such statute, the clerk shall at once, upon the docketing of the case, cause an estimate to be made of the cost of printing the record, including his supervising fee as provided in the table of costs following rule 27, and notify counsel for appellant of the estimated amount, which shall be paid to the clerk within ten days after such notice. If not so paid, the case may be dismissed upon motion or by the court upon its own motion. Supplemental estimates and payments thereof shall be made, if necessary; any excess payment shall be refunded, when the printing is finished. When the record was printed upon a former review of the same case, and enough old records to be reasonably sufficient for use upon the hearing are on file or available, the use of such old records, in lieu of printing, will be permitted, upon the order of the presîding judge, and to the extent specified in such order.

4. At once, upon the payment of such estimate, the clerk shall cause twenty-five copies of the record to be printed forthwith, shall file the same and shall distribute three copies of the same to counsel for each separate adverse interest then or thereafter appearing. Be

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