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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

RULES OF COURT.

UNITED STATES CIRCUIT COURT OF APPEALS.

Fifth Circuit.

25.1

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 defendant 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 ERROR IN CRIMINAL 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.

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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:

as principal, and

as sureties, are held and firmly

day of

in the year of our

That we,
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 ad-
ministrators, jointly and severally, by these presents.
Sealed with our seals and dated this

Lord one thousand eight hundred 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

suit, 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 Or-

leans, 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 clr-

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 said 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 the judgment and sentence ap-

pealed 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.

Approved:

[Seal.]

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