Issuing a writ of error and accompanying papers, or a mandate or other process... .... Filing briefs, for each party appearing.. Copy of an opinion of the court, certified under seal, for each printed page (but not to exceed five dollars in the whole for any copy)...... Attorneys' docket fee.... 28. REHEARINGS. $ 5 00 5 00 1 00 20 00 A petition for rehearing after judgment can be presented only within. thirty days (at the same or succeeding term) after the day when the printed opinion of the court is filed, and can be obtained by counsel for the parties (which date the clerk will note upon the docket), unless by special leave granted during such thirty days by the court or a judge thereof, 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 judge who concurred in the judgment desires it and a majority of the court so determines. 29. MANDATE. In all cases finally determined in this court, a mandate, or other process in the nature of a procedendo, shall be issued to the court below, for the purpose of informing such court of the proceedings in this court, so that further proceedings may be had in such court as to law and justice may appertain. Such mandate shall not issue until time has elapsed for filing a petition to rehear, as defined by rule 28; and no mandate or other process of procedendo shall issue when a petition to rehear is pending, unless specially ordered. Every mandate shall be accompanied by a copy of the opinion filed in the cause in which it is issued, and the charge for the same shall be taxed in the costs of the case. In cases not requiring special form of process, the mandate (unless otherwise directed by the court or a judge thereof) shall be issued by the clerk upon the expiration of time for filing rehearing petition, or upon the denial of such petition, and as well in vacation as in term time. 30. PHYSICAL EXHIBITS. 1. Physical exhibits, not returned with the record but which are to be used on the hearing, shall be placed in the custody of the marshal of this court at least ten days before the case is heard or submitted. 2. All such physical exhibits shall be taken away by the parties promptly after the mandate issues. 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 reasonable time after the notice is given, he shall destroy them or make such other disposition of them as to him may seem best. 31. LIBRARY. All fees collected by the clerk, which are not by law required to be deposited by him in the treasury of the United States, shall constitute a fund to be expended by the clerk under the direction of the presiding judge, in the purchasing, repairing and rebinding of law books for the library of the court; and it shall be his duty to render to the court, for its examination and approval, an annual account of such fees received by him and of his disbursements thereof. 32. 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. 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. 3. Pending an appeal from the final decision of any court or judge discharging the prisoner, he shall be enlarged upon recognizance with surety for appearance to answer the judgment of the appellate court, except where, for special reasons, sureties ought not to be required. 33. MANDAMUS AND PROHIBITION. 1. The alternative writ of mandamus will not be issued, but, on proper showing, an order to show cause will be made. 2. The party desiring a writ of mandamus or prohibition shall file his petition therefor and showing in support thereof together with such brief or memorandum as he may desire. These need not be, at this time, printed, and notice need not be given. He shall deposit ten dollars with the clerk on account of fees. The clerk shall enter the application on his docket, and informally submit the papers to the court. 3. If the court is of opinion that the application justifies a hearing, an order to show cause will be entered returnable as promptly as the situation permits; if of contrary opinion, an order of denial will be made, and the clerk shall notify the applicant accordingly, enter the case on his docket as closed and return to the applicant the surplus, if any, of the fee deposited. 4. If such order to show cause is made, the clerk shall deliver a certified copy to the applicant, who shall cause the same to be served within the time and in the manner fixed in the order. An answer or return shall be filed on or before the return day as specified in the order or as extended by a judge of this court. Unless within ten days after the filing of such answer or return the appellant makes special motion to award and frame an issue, or, if an issue is framed, then upon the return of the proceedings thereon, and unless the court orders a hearing as upon motion, the matter shall stand for hearing upon the calendar, and the clerk shall receive the remaining twenty-five dollars of the usual fee deposit, estimate and require a deposit for printing and print the record, briefs shall be filed and the matter, in all respects proceed like other docketed causes. 34. PETITIONS TO REVISE IN BANKRUPTCY. 1. A petition to revise shall contain: First, a concise history of so much of the proceedings before the referee and the District Court as may be necessary to make plain the errors assigned; second, an assignment of the errors in respect to which revision in matter of law is sought; third, as exhibits to the petition, copies certified by the Clerk of the District Court of each paper or proceeding relied upon to support the errors assigned; and fourth, any findings of fact that may be filed pursuant to clause 2 hereof; but a petition to revise shall not be filed so late as to delay the hearing of any appeal that may have been taken in the same matter; and it may incorporate, by reference and without repeating, any parts of the return in such appeal. 2. Whenever the District Court has made any order in a proceeding in bankruptcy which involves or depends upon facts made to appear otherwise than solely by the pleadings in the matter, and the District Judge is notified in writing by any party that he intends to file a petition to revise and deems findings of fact to be necessary, it shall be the duty of the District Judge, as soon as possible, to make and file with the clerk of the District Court his findings of fact in such matter. 3. At or before the filing of such petition, a complete copy thereof shall be served upon counsel for each separate, adverse interest, and the petition, when offered for filing, shall contain due proof or acknowledgment of such service. 4. Unless within ten days after the filing of such petition an adverse party in interest shall file an answer denying the accuracy of the exhibits to the petition, or setting out as exhibits certified copies of additional papers or proceedings which are thought to bear upon the errors assigned, the accuracy and completeness of the exhibits shall be presumed to be admitted. Such answer may also incorporate by reference any orders or records in any co-pending appeal. 5. Upon the coming in of such answers or the expiration of such ten days, such petition shall stand for hearing, and the clerk shall estimate and require deposit for and cause the record to be printed, and briefs shall be filed, all as in other causes. JUDGES OF THE UNITED STATES CIRCUIT COURTS OF APPEALS THE DISTRICT COURTS, AND THE COMMERCE COURT FIRST CIRCUIT Hon. OLIVER WENDELL HOLMES, Circuit Justice... Hon. LE BARON B. COLT, Circuit Judge1.......... Hon. WILLIAM L. PUTNAM, Circuit Judge.. Hon. FREDERIC DODGE, Circuit Judge.. Hon. CLARENCE HALE, District Judge, Maine.... Washington, D. C. ..Portland, Me. .Boston, Mass. .Portland, Me. Hon. JAS. M. MORTON, Jr., District Judge, Massachusetts............................................... ..Boston, Mass. Hon. EDGAR ALDRICH, District Judge, New Hampshire.......................................... ..Littleton, N. H. Hon. ARTHUR L. BROWN, District Judge, Rhode Island.. SECOND CIRCUIT Hon. CHARLES E. HUGHES, Circuit Justice..... Hon. E. HENRY LACOMBE, Circuit Judge.... Hon. ALFRED C. COXE, Circuit Judge.... ...... .Providence, R. I. .Washington, D. C. ......New York, N. Y. New York, N. Y. ...New York, N. Y. ........New Haven, Conn. .......Norwich, N. Y. ........New York, N. Y. .......New York, N. Y. Hon. THOMAS I. CHATFIELD, District Judge, E. D. New York................................... ....New York, N. Y. ............New York, N. Y. ....Buffalo, N. Y. ...Brattleboro, Vt. THIRD CIRCUIT Hon. MAHLON PITNEY, Circuit Justice.. Hon. JOHN B. MCPHERSON, Circuit Judge.. Hon. EDWARD G. BRADFORD, District Judge, Delaware.. Hon. JOHN RELLSTAB, District Judge, New Jersey.. Hon. JOSEPH CROSS, District Judge, New Jersey.. Hon. JAMES B. HOLLAND, District Judge, E. D. Pennsylvania... .Washington, D. C. .Wilmington, Del. .Pittsburg, Pa. .Philadelphia, Pa. .Wilmington, Del. .................... Trenton, N. J. .Elizabeth, N. J. .Philadelphia, Pa. .Philadelphia, Pa. ..Sunbury, Pa. .Pittsburg, Pa. ..Pittsburg, Pa. ............... 1 Resigned February 7, 1913. (xxiii) |