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and provided, a diminution of the record and proceedings of said cause has been suggested, to wit:

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You, therefore, are hereby commanded that, searching the record and proceedings in said cause, you certify what omissions, to the extent above enumerated, you shall find, to the said Supreme Court of the United States, so that you have the same, together with this writ, before the said Supreme Court forthwith.

Witness the Honorable

Chief Justice of the Supreme Court of the United States, the second Monday of October, A. D. 18.

Clerk of the Supreme Court of the United States.

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Mr.

death of

DEFENDANT IN ERROR.

of counsel for the defendant in error, suggested the the plaintiff in error in this cause, and moved the court for an order, under the 15th Rule, to make the proper representatives parties; whereupon it is now here ordered by the court, that unless the proper representatives of the said deceased as aforesaid, shall voluntarily become parties within the first ten days of the ensuing term of this court, the defendant in error shall be entitled to have the writ of error dismissed; provided, that a copy of this order shall be printed in some newspaper at the seat of government, of general circulation, for three successive weeks, at least sixty days before the beginning of the term of the Supreme Court next ensuing.

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In pursuance of the 28th Rule of this court, the plaintiff in error [or appellant] and the defendant in error [or appellee] now, in vacation and out of term-time, by their respective attorneys, who are entered as such on the record in this case, hereby agree that the above-entitled case shall be dismissed; and that the costs therein shall be paid as follows: [state how]; and that this agreement shall be filed with the clerk of this court in said case. And the clerk is hereby authorized and requested to enter said case dismissed accordingly.

[Date.]

Attorney for

Attorney for—.

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The said

APPELLEE.

comes now and respectfully petitions this honorable court for a rehearing of said cause, for the following reasons, to wit:

1. Because

2. Because

3. Because, &c.

And your petitioner prays, therefore, that an order may be made for a rehearing of the argument in this case, on a day to be appointed by this court, at the present term, and upon such points as the court may direct.

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his Counsel.

By

NEW RULES.

Amendment to Rule 8.

Ordered, That the 8th Rule of this court be amended by adding thereto the following paragraph, viz. :

"6. The record in causes of admiralty and maritime jurisdiction, when under the requirements of law the facts have been found in the court below, and our power of review is limited to the determination of questions of law arising on the record, shall be confined to the pleadings, the findings of fact and conclusions of law

thereon, the bills of exceptions, the final judgment or decree, and such interlocutory orders and decrees as may be necessary to a proper review of the case." (Promulgated May 2, 1881.)

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Rule 32.

WRITS OF ERROR AND APPEALS UNDER SECTION 5, OF THE ACT OF MARCH 3, 1875.

1. Writs of error and citations under section 5, of the act of March 3, 1875, “to determine the jurisdiction of the circuit courts of the United States, and to regulate the removal of causes from the State courts, and for other purposes," for the review of orders of the circuit courts dismissing suits, or remanding suits to a State court, must be made returnable within thirty days after date, and be served before the return day.

2. In all cases where a writ of error or appeal is brought to this court under the provisions of such act, it shall be the duty of the plaintiff in error or the appellant to docket the cause and file the record in this court within thirty-six days after the date of the writ, or the taking of the appeal, if there shall be a term of the court pending at that time, and if not, then during the first six days of the next term. If default be made in this particular, proceedings to docket and dismiss may be had as in other cases.

3. As soon as such a case is docketed the record shall be printed, unless the parties stipulate to the contrary, and file their stipulation with the clerk.

4. All such cases will be advanced on motion, and heard under the rules applicable to motions to dismiss.

5. When a writ of error or appeal has already been brought, or may hereafter be brought before this rule takes effect, the defendant in error or the appellee may docket the cause and file the record without waiting for the return day, and move under this rule.

6. In all cases where a period of thirty days is included in the times fixed by this rule it shall be extended to sixty days in writs of error and appeals from California, Oregon, and Nevada.

7. This rule shall take effect from and after the first day of May

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INDEX.

[NOTE. In this index, the figures which are not included within parentheses designate
For illustra-
pages, and the figures within parentheses denote subdivisions of pages.
tion: the number 27 standing alone refers to page 27; and 27 (72) refer to subdivision
72 of page 27.]

ABATEMENT,

of mandamus against officer of government, 27 (72).
by death of party, 58 (18, 19).

because representatives do not appear, 367 (11, 12).

ABSTRACT,

or statement of case, 372-377.

ACCOUNT,

when record should set forth, 118 (16).

АСТ,

of Sept. 24, 1789; supersedeas issued under, 391 (6).

of May 26, 1824; Attorney-General, 66 (11).

of 1821, as revived and re-enacted by Act of 1811, as to appeals from
district courts, 67 (15).

of Congress; Statute of Maryland, 1815, 22 (38, 39).

authorizing transfer, from Circuit to Supreme Court, unconstitutional,
111 (3, 4).

repealed, which gave Circuit Court powers to district court; appeal
dismissed, 96 (28).

of March 3, 1863, establishing Supreme Court, D. C., construed, 170
(27, 28, 29, 30).

of March 3, 1863, Sth section, carrying rulings from special to general
term of Supreme Court, D. C., 170 (31).

to reorganize courts, D. C.; bill of exceptions, 298 (53).

of March 3, 1863, authorizing appeals from Court of Claims, 174 (2).
giving right of appeal; organization; Court of Claims, 175 (6).

of June 25, 1868 (Sec. 707 Revised Statutes); special act; appeal from
Court of Claims, 177 (10, 11. 12).

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