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UNITED STATES

CIRCUIT COURTS OF APPEALS

REPORTS

WITH ANNOTATIONS

WITH TABLE OF CASES IN THE UNITED STATES CIRCUIT COURTS OF APPEALS WHICH
HAVE BEEN PASSED UPON BY THE SUPREME COURT OF THE UNITED STATES,
AND TABLE OF CASES IN THE UNITED STATES CIRCUIT COURTS
OF APPEALS IN WHICH REHEARINGS HAVE

BEEN GRANTED OR DENIED

VOLUME 40

LAWYERS' CO-OPERATIVE PUBLISHING CO.

ROCHESTER

1900

COPYRIGHT, 1900,

BY

LAWYERS' CO-OPERATIVE PUBLISHING CO.

Ree. Nov. 16, 1900.

COURT RULES.

UNITED STATES CIRCUIT COURT OF APPEALS.

Ninth Circuit.

RULES IN ADMIRALTY.

Adopted May 21, 1900.

1. APPEALS AND NEW PLEADINGS. An appeal to the circuit court of appeals shall be taken by filing in the office of the clerk of the district court, and serving on the proctor of the adverse party, a notice signed by the appellant or his proctor that the party appeals to the circuit court of appeals from the decree complained of.

The appeal shall be heard on the pleadings and evidence in the district court, unless the appellate court, on motion, otherwise order.

2.

NOTICE AND BOND. Section 1. When a notice of appeal is served, the appellant shall file in the clerk's office of the district court a bond for costs of the appeal, with sufficient surety, in the sum of $250, conditioned that the appellant shall prosecute his appeal to effect and pay the costs, if the appeal is not sustained. Such security shall be given within ten days after filing the notice, or the appeal shall be deemed abandoned, and the decree of the court below enforced, unless otherwise ordered by a judge of this court.

Sec. 2. And if the appellant desires to stay the execution of the decree of the court below, the bond which he shall give shall be a bond with sufficient surety in such further sum as the judge of the district court or a judge of this court shall order, conditioned that he will abide by and perform whatever decree may be rendered by this court in the cause, or on the mandate of this court by the court below. 40 C.C.A.

(iii)

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