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THE

FEDERAL REPORTER.

VOLUME 80.

CASES ARGUED AND DETERMINED

IN THE

CIRCUIT COURTS OF APPEALS AND CIRCUIT
AND DISTRICT COURTS OF THE

UNITED STATES.

PERMANENT EDITION,

JUNE JULY, 1897.

ST. PAUL:
WEST PUBLISHING CO.

1897.

COPYRIGHT, 1897,

BY

WEST PUBLISHING CO.

JURISPRUDENCE

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Rule 25, as amended February 27, 1894, reads as follows:

ORAL ARGUMENTS. 1. The plaintiff in error or appellant in this court shall be entitled to open and conclude the argument of the case. But when there are cross appeals they shall be argued together as one case, and the plaintiff in the court below shall be entitled to open and conclude the argument.

2. Only two counsel will be heard for each party on the argument of a case.

3. One hour will be allowed for the plaintiff in error or appellant to open and present his case, and one hour will be allowed to the defend. ant in error or appellee to answer; thirty minutes will then be allowed to the plaintiff in error or appellant to reply. No more time will be allowed for argument without special leave of the court.

37.

Ordered, that the following rule be adopted and published:

RULE XXXVII.

WRITS OF DRROR IN ORIMINAL CASES. 1. Writs of error to review criminal cases tried in any district or circuit court of the United States within this circuit, which may be reviewed under the provisions of the act of March 3, 1891, creating this court, and the act of congress amendatory thereof, approved January 20, 1897, may be allowed in term time or in vacation by the circuit justice assigned to this circuit, by either of the circuit judges, or by any district judge who presided on the trial, and the

1 For rule 25 originally adopted in the Fifth circuit, see 21 C. C. A. cxxiv., 78 Fed, cxxiv.

856342

proper security be taken, and the citation be signed by him, and he may also grant a supersedeas and stay of execution or proceedings pending the determination of such writ of error.

2. Where such writ of error is allowed in any criminal case as aforesaid, the circuit court or district court, before which the accused was tried, or the trial judge, or the circuit justice assigned to the circuit, or either of the circuit judges, shall have the power, after the citation has been duly served, to admit the accused to bail in such amount as may be fixed, such bail bond to be, as near as may be, in the form prescribed in the appendix to these rules.

Promulgated June 11, 1897.

APPENDIX.
(Form of Appearance Bond on Writ of Error in Criminal Cases.)
Know all men by these presents:
That we,

as principal, and as sureties, are held and Armly bound unto the United States of America in the full and just sum of dollars, to be paid to the said United States of America, to which payment well and truly to be made we bind ourselves, our heirs, executors, and administrators, jointly and severally, by these presents.

Sealed with our seals and dated this day of in the year of our Lord one thousand eight bundred and ninety

Whereas, lately at the term, A. D. 189—, of the court of the United States for the - district of in a suit pending In said court between the United States of America, plaintiff, and defendant, a judg. ment and sentence was rendered against the said

and the said has obtained a writ of error from the United States circuit court of appeals for the Fifth circuit, to reverse the judgment and sentence in the aforesaid sult, and a citation directed to the said United States of America, citing and admonishing the United States of America to be and appear in the United States circuit court of appeals for the Fifth, circuit, at the city of New Orleans, Louisiana, sixty days from and after the date of said citation, which citation has been duly served.

Now, the condition of the above obligation is such that if the said shall appear in the United States circuit court of appeals for the Fifth cir. cuit on the first day of the next term thereof, to be held at the city of on the first Monday in , A. D. 189—, and from day to day thereafter during såid term, and from term to term, and from time to time, until finally discharged therefrom, and shall abide by and obey all orders made by the said United States circuit court of appeals for the Fifth circuit in said cause, and shall surrender himself in execution of tbe judgment and sentence appealed from as said court may direct, if the judgment and sentence of the said court against him shall be affirmed by the said United States cir. cuit court of appeals for the Fifth circuit, then the above obligation to be void; else to remain in full force, virtue, and effect

(Seal.]

[Seal.) Approved:

(Seal.]

Judge of the

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