THE FEDERAL REPORTER. VOLUME 91 CASES ARGUED AND DETERMINED IN THE CIRCUIT COURTS OF APPEALS AND CIRCUIT PERMANENT EDITION. FEBRUARY-APRIL, 1899. ST. PAUL: 1899. AMENDMENTS TO RULES. UNITED STATES CIRCUIT COURT OF APPEALS. Seventh Circuit. WITH AMENDMENTS TO FEBRUARY 10, 1899.1 [The attention of attorneys is called to these rules, and especially to rules 10, 11 and 24 (post), as amended, concerning bills of exception, assignments of error and briefs. Without compliance with the rules designated a case cannot be properly prepared for submission to the court, and for the failure may be dismissed.] 1. NAME. The title of the court shall be "United States Circuit Court of Appeals for the Seventh Circuit." 2. SEAL. The seal shall contain the words "United States" on the upper part of the outer edge, and the words "Circuit Court of Appeals," on the lower part of the outer edge, running from left to right, and the words "Seventh Circuit" in two lines, in the center, with a dash beneath. 3. TERMS. A term of this court shall be held annually at the city of Chicago on the first Tuesday in October, and continue until the first Tuesday in October of the succeeding year. Every term shall be adjourned to such times and places as the court may from time to time designate. Unless otherwise specially ordered, the court will hold at Chicago three sessions for the hearing of causes during each term, beginning on the first Tuesdays in October, January and May, respectively. 4. QUORUM. 1. If, at any term or session, a quorum does not attend on any day appointed for holding it, any judge who does attend may adjourn the 1 For original rules, see 31 C. C. A. cxliii., 90 Fed. cxlill. For amended rules of Seventh circuit, see 31 C. C. A. cxi., 90 Fed. cxi. court from time to time, or, in the absence of any judge, the clerk may adjourn the court from day to day. If, during a term or session, after a quorum has assembled, less than that number attend on any day, any judge attending may adjourn the court from day to day or until there is a quorum or may adjourn without day. 2. Any judge attending when less than a quorum is present may make all necessary orders touching any suit, proceeding, or process depending in or returned to the court preparatory to hearing, trial or decision thereof. 5. CLERK. 1. The clerk's office shall be kept at Chicago. 2. The clerk shall not practice either as attorney or counselor, in this court or in any other court. 3. He shall, before he enters on the execution of his office, take an oath in the form prescribed by section 794 of the Revised Statutes, and shall give bond in a sum to be fixed 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. A copy of such bond shall be entered on the journal of the court, and the bond shall be deposited for safe-keeping as the court shall 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. 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 moneys received by him officially, 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 balances 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. 6. MARSHAL, CRIER AND OTHER OFFICERS. 1. The crier and bailiffs of the court, before entering upon their Mties, shall take an oath in the form prescribed by section 782 of the Revised Statutes. 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. 7. ATTORNEYS AND COUNSELORS. All attorneys and counselors, 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 counselors 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 Sup. Ct. v.), and on subscribing the roll. 8. PRACTICE. The practice, so far as may be, shall be the same as in the supreme court of the United States. 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. 10. BILL OF EXCEPTIONS AND TRANSCRIPT. 1. 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, and upon any general exception to the whole of said charge. But the party excepting shall be required to state distinctly the several matters of law in the 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. 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, a bill of exceptions containing all the evidence 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 precipe, 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 unnecessary therein, and will tax the cost of the reference as shall seem just. |