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shall give bond in a sum to be fixed,10 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,11 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.12

6. MARSHAL, CRIER, AND OTHER OFFICERS.13

i. 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,14 and with sureties to be approved, by the court, for the faithful performance of said

10 In the Fifth Circuit, "in the sum of ten thousand dollars ($10,000)."

11 In the Second and Fourth Circuits, here are inserted the words "A copy of such bond shall be entered on the journal of the court.”

12 In the Second Circuit, the following is added : *4. He shall carefully preserve in his office one copy of the printed record in every case submitted to the court for its consideration, and of all printed motions, briefs, and arguments filed therein." In the Sixth Circuit, the following is added to subdivision 4 of this rule : “or a judge thereof." (202 Fed. vi.) In the Seventh Circuit the following is added to this rule: "5. All fees collected by the clerk which are not properly taxable as costs in any case and which are not by law required to be by him deposited in the treasury of the United States, shall constitute a fund to be expended by the clerk under the direction of the court in the purchase of law books for the library of the court. 6. The clerk shall keep an accurate and itemized account of all inoneys received by him oflicially, including costs and fees in cases in the court and fees and moneys collected on any account whatever, and shall deposit the same as received daily to his credit as clerk and separately from all individual accounts in a national bank designated by the senior judge; and at the end of each month and whenever required by the court or senior judge shall submit to the senior judge a detailed report showing by items all moneys received and all paid out during the month and the total balance on hand from each and all sources of receipt. Each report shall be accompanied by a statement over the signature of the cashier or other officer of the bank in which the deposit is kept of the amount in the bank to the credit of the clerk at the close of the last day included in the report.” (91 Fed. iv.) In the Ninth Circuit, the words "except as provided in Rule 23" are added.

18 In the First Circuit this rule was amended so as to read : "The marsbal shall be in attendance during the sessions of the court, with such number of bailiffs, messengers, and other officers as the court may from time to time order." In the Second Circuit this rule is omitted, and Rule 6 is general Rule 7. In the Third and Fourth Circuits, the first subdivision is omitted. In the Sixth Circuit, the first subdivision of this rule is divided into two subdivisions as follows: "1. The crier and bailiffs of the District Court of any district where this court may be in session, are hereby authorized to act also during such session as crier and bailiffs of this court. 2. A crier or bailiff specially appointed for this court shall, before be enters on his duties, take an oath in the form preseribed by Section 782 of the Revised Statutes." (202 Fed. vi.) In the Seventh Circuit; "The crier and bailiffs of the court, before entering upon their duties, shall take an oath in the form prescribed by Section 782 of the Revised Statutes." In the Eighth and Ninth Circuits the first subdivision is omitted.

14 In the Fifth Circuit the sumn is fixed at $10,000. (60 Fed. lxxxiv.)

duties by himself and his deputies. Said bond shall be filed and recorded in the office of the clerk of the court.

2. The marshal 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.16

7. ATTORNEYS AND COUNSELLORS.16

All attorneys and counsellors admitted to practice in the Supreme

15 In the Eighth Circuit this subdivision reads : "1. The inarshal of the district in which a term or session of the court is held and the 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.” (188 Fed. viii.)

16 In the Sccond Circuit this is Rule 6. In the fifth Circuit this rule reads as follows: "All attorneys and counsellors admitted to practice in the Supreme Court of the United States, or any Circuit Court of the United States, upon filing certificate of such admission with the clerk of this court, and upon taking an oath or affirmation in the following form, viz. : 'I,

do solemnly swear (or affirm) that I will demean myself as an attorney or counsellor of this court uprightly, and according to law, and that I will support the Constitution of the United States' (a copy which shall be filed with the clerk), shall become attorneys and counsellors of this court; provided, however, that any attorney or counsellor eligible to admission as an attorney and counsellor of this court may be admitted to practice, on motion in open court, upon taking the oath or affirmation as prescribed and subscribing the roll." (90 Fed.) In the Sixth Circuit: "An attorney and counsellor admitted to practice and in good standing in the Supreme Court or in a District Court of the United States, or in the court of last resort in the state of his residence, may become attorney and counsellor in this court on taking an oath or affirmation as prescribed by Rule 2 of the Supreme Court of the United States, and upon subscribing the roll. On each admission the clerk will collect ten dollars ($10.00) to be applied to the purchase, repair, and rebinding of law books for the use of the court and bar. Every person taking the oath and paying such fee shall be entitled to a certificate of bis admission, signed by the clerk." (228 Fed.) In the Seventh Circuit: "All attorneys and counsellors, 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 a State in this circuit, may become attorneys and counsellors in this court on taking an oath or affirmation in the form prescribed by Rule 2 of the Supreme Court of the United States (3 Şup. Ct. vi), and on subscribing the roll.” (91 Fed, v.) In the Eighth Circuit this rule reads as follows: "1. All attorneys and counsellors admitted to practice in the Supreme Court of the United States, or in any Circuit Court or District 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 counsellors 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 2. And any attorney and counsellor admitted to practice in the Supreme Court of the United States or in the Supreme Court of any State or in the District or Circuit Courts of the United States for this circuit, may be admitted by order of this court to practice and may be enrolled as an attorney and coun. sellor of this court, thirty days after he furnishes to the clerk of this court a certificate of a clerk or judge of any one of the courts named that the applicant is an attorney of any one of said courts; and upon subscribing and forwarding to the clerk the following oath : 'I do solemnly swear (or affirm) that I will demean myself as an attorney and counsellor of the Circuit Court

Court of the United States, or in any Circuit Court 17 of the United States, shall become attorneys and counsellors 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.18

8. PRACTICE.19

The practice shall be the same as in the Supreme Court of the United States, as far as the same shall applicable.

9. PROCESS.

All process of this court shall be in the name of the President of the United States, and shall be in like form and tested in the same manner as process of the Supreme Court.20

of Appeals for the Eighth Circuit, uprightly and according to law; and that I will support the Constitution of the United States. So belp me God.'" (188 Fed. viii.) 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 District Court of the Ninth Circuii, 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 bighest court of any State or Territory, upon presenting satisfactory evidence of good moral cbaracter and fair profes. sional standing, may be admitted to practice in said court, upon taking the oath so prescribed, and subscribing the roll of attorneys."

17 in the Second Circuit, add the words “or District” after the word “Circuit." In the Fourth Circuit, the words “District Court" are inserted in place of the words "Circuit Court.” (233 Fed.)

18 In the Third Circuit the following clause is added to the rule : "And all attorneys and counsellors of the Circuit Court of the United States for the Third Circuit shall be attorneys and counsellors of this court without taking any further oath." In the fourth Circuit, the words "and paying to the clerk a fee of $5. The moneys received by the clerk under this rule shall be accounted for to the court and be expended under its direction for the purchase of law books for the court library," instead of the words "but no fee shall be charged thereof."

19 in the Second Circuit this is Rule 7.

20 In the Sirth Circuit, this rule is included in Rule 8, as subdivision 2. (118 C. C. A. ix.) And Rule 9 is as follows: "9. Service of Paper8--1. Copies of all papers or proceedings filed by any party in any cause shall, at or before the time of filing, be served upon counsel representing each adverse interest and proof or acknowledgment of such service shall be endorsed upon each paper filed. The clerk may insist upon such proof as a prerequisite to filing, or may file and require the prompt furnishing of such proof, as he may in each case think proper.

2. Service may be personal or by mail. If personal, it shall consist of delivery at his office to counsel or to a clerk. If by mail, it shall consist in depositing the case in the post-oflice with postage paid, addressed to the counsel at his post-office address, wbich address shall include bis street and number, unless the same are unknown. Each proof of service shall show a full compliance with this rule." (202 Fed. vii.)

10. BILL OF EXCEPTIONS.

The judges of the Circuit and District Courts shall not allow any bill of exceptions which shall contain the charge of the court at large to the jury in trials at common law upon any general exception to the whole of such charge. But the party excepting shall be required to state distinctly the several matters of law in such charge to which he excepts; and those matters of law, and those only, shall be inserted in the bill of exceptions, and allowed by the court.21

21 In the Second Circuit this is Rule 9 and reads as follows: "The judges of the District Court shall not allow any bill of exceptions unless the same contain the whole charge of the court to the jury. No general exception to the whole of such charge shall be allowed, but the party excepting shall be required to state distinctly the several matters of law in such charge to which he excepts." In the Third Circuit the rule reads: "1. The judges of the District Courts shall not allow any general exception to the whole of the charge to the jury in a civil or a criminal trial at common law, nor shall a series of exceptions be allowed which produces the same result. But the party excepting shall state distinctly and separately the several matters in such charge to which he excepts, and only such matters shall be included in the bill of exceptions and allowed by the court. Exceptions to the charge or to the judge's action upon the requests for instruction shall be taken immediately on the conclusion of the charge before the jury retire, shall be specitied in writing or dictated to the stenographer, and shall be specific and not general. 2. Exceptions to the admission or rejection of evidence shall be specific and not general, and the bill of exceptions to such admission or rejection shall contain only so much of the evidence admitted or offered and rejected as is necessary for the presentation and decision of the questions saved for review. Unless there be saved a question which requires the consideration of all the evidence, a bill of exceptions containing all of it shall not be allowed.” In the four.h Circuit, the words, “Circuit and," in the first line of this rule, are omitted, and the following subdivision is added to the end of this rule : "2. Only so much of the evidence shall be embraced in a bill of excep ons as may be necessary to present clearly the questions of law involved in the rulings to which exceptions are reserved, and such evidence as is embraced therein shall be set forth in condensed and narrative form, save as a proper understanding of the questions presented may require that parts of it be set forth otherwise." (233 Fed.) In the Sixth Circuit, Rule 10 is as follows: *1. The assignments of error required by Rule 11 shall be filed at or before the settling of the bill of exceptions. The evidence in a bill of exceptions shall not be set forth in full, but shall be stated in simple and condensed form, all parts not essential to the decision of some one of the questions presented by the assignments of error being omitted and the testimony of witnesses being stated only in narrative form, save that, if either party desires it and the judge so directs, any part of the testimony shall be reproduced in the exact words of the witness. 2. No general exception to the whole of any charge to a jury on trials at law shall be allowed in any bill of exceptions. Exceptions to a charge, in order to be allowed in a bill of exceptions, must be taken before the jury retires and must state distinctly the several matters of law to which exception is taken. In cases where exception is taken to part of a charge, and such exception may be affected by other parts or by the charge as a whole, the entire charge shall be included in the bill of exceptions.” (202 Fed. vii.) In the Seventh Circuit the rule contains the following additions : “(2) A bill of exceptions shall contain of the evidence only such a statement as is necessary for the presentation and decision of questions saved for review, and unless there be saved a question which requires the consideration of all the evidence 11. ASSIGNMENT OF ERRORS.

The plaintiff in error or appellant shall file with the clerk of the court below, with 22 his petition for the writ of error or appeal, an assignment of errors,23 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.24 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 25 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.26 Such assignment of errors shall form part of the transcript of the record, and be printed with it.27 When this is not done, counsel 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.

12. OBJECTIONS TO EVIDENCE IN THE RECORD.28

In all cases of equity or admiralty jurisdiction, heard in this court, no objection shall be allowed to be taken to the admissibility of any deposition, deed, grant, exhibit, or translation, found in the record as

shall not be allowed. (3) No document shall be copied more than once in a bill of exceptions or in a transcript of the record of the case, but instead there shall be inserted a reference to the one copy set out. A motion for a new trial and orders and entries relating thereto shall not be set out in the transcript unless required by written praecipe, of which a copy shall also be set out. (4) The cost of unnecessary matter in the bill of exceptions or transcript or in the printed record shall not be recovered of the appellee or defendant in error, and in its discretion the court will in case of dispute appoint a referee to determine and report what was necessary therein, and will tax the cost of the reference as shall seem just."

22 In the Second Circuit this is Rule 10; the words “his petition for" are omitted. In the Sixth Circuit, the following change occurs in this rule : The words, “The appellant shall file with the clerk of the District Court at or before the time of filing," are inserted in place of the words, "The plaintiff in error or appellant shall file with the clerk of the court below, with." (202 Fed. viii.)

23 In the Third Circuit the words "as required by Section 997 of the Revised Statutes" are here inserted. 24 In the Third Circuit the sentence, “No writ of error

shall have been filed,” is omitted.

25 In the Sixth Circuit, the words "of the evidence" are omitted. (202 Fed. viii.)

26 In the Third Circuit the following is here inserted : “When the error alleged is based on the trial court's refusal to enter a judgment non obstante veredicto for the plaintiff in error on the whole record, the assignment sball state the reasons presented to the trial court for the entry of such judgment; when the error alleged is to a ruling upon the report of a master or referee, the assignment shall state the exception to the report and the action of the court upon it.”

In the screnth Circuit the words "and shall state distinctly the grounds of objection to an instruction given" are here inserted.

27 In the Sixth Circuit this sentence is omitted. (202 fed. viii.) 28 In the Second Circuit this is Rule 11.

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