146

-2875 0.15 c.3

An act to amend the act entitled "An act to establish circuit courts of appeals and to define and regulate in certain cases the jurisdiction of the courts of the United States, and for other purposes," approved March third, eighteen hundred and ninety-one.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the seventh section of the act of congress entitled "An act to establish circuit courts of appeals and to define and regulate in certain cases the jurisdiction of the courts of the United States, and for other purposes," approved March third, eighteen hundred and ninety-one, be, and the same is hereby, amended to read as follows:

"That where, upon a hearing in equity in a district court or a circuit court, an injunction shall be granted, continued, refused, or dissolved by an interlocutory order or decree or v. 15 s. c.

an application to dissolve an injunction shall be refused in a case in which an appeal from a final decree may be taken under the provisions of this act to the circuit court of appeals, an appeal may be taken from such interlocutory order or decree granting, continuing, refusing, dissolving, or refusing to dissolve an injunction to the circuit court of appeals: Provided, That the appeal must be taken within thirty days from the entry of such order or decree, and it shall take precedence in the appellate court; and the proceedings in other respects in the court below shall not be stayed unless otherwise ordered by that court during the pendency of such appeal: And provided further, That the court below may in its discretion require as a condition of the appeal, an additional injunction bond."

SECOND CIRCUIT.

Rules in Admiralty.

XIX.

[The portion of the rule in brackets was added by amendment October 5, 1892. Otherwise the rule reads as originally adopted.]

WHAT GENERAL RULES SHALL BE DEEMED ADMIRALTY RULES.

The following of the general rules of this court, and no others, shall be deemed admiralty rules, viz.: Rules 3, 4, 5, 6, 7, 9, 11, 12; section 4 of rule 14; rules 15, 16, 17, 18, 19, 20, 21, 22; amended rule 23; [section 5 of rule 24;] rules 25, 26, 27, 28, 29; section 4 of rule 30; rules 31, 32, and 34.

[Paragraph 5 of this rule was amended June 20, 1895, so as to read as follows; the amendment consisting in adding to it the proviso:]

5. All appeals, writs of error, and citations must be made returnable not exceeding 30 days from the day of signing the citation, whether the term day fall in vacation or term time, and be served before the term day. [Provided, however, that all appeals taken from interlocutory decrees under the 7th section of the act entitled, “An act to establish circuit courts of appeal, and define and regulate in certain cases the jurisdiction of the courts of the United States

1891, as said 7th section is amended by an act approved February 18, 1895, shall be made returnable not exceeding ten days from the day of taking the same.]

RULE 16.

[This rule was amended April 23, 1895, by adding to it the following section:]

"4. In all cases the plaintiff in error or appellant, on docketing a case and filing the record, shall enter into an undertaking to the clerk, with surety to his satisfaction for the payment of his fees, or otherwise satisfy him in that behalf."

[The rule was further amended June 20, 1895, by changing section 1 so as to read as follows:]

"1. It shall be the duty of the plaintiff in error or appellant to docket the case and file the record thereof with the clerk of this court by or before the return day, whether in vacation or in term time. But for good cause shown, any judge of this court may enlarge the time by or before its expiration, the order of enlargement to be filed with the clerk of this court. If the plaintiff in error or appellant shall fail to comply with this rule, the defendant in error or appellee may have the cause docketed and dismissed upon producing a certificate, whether in term time or vacation, from the clerk of the court wherein the judgment or decree was rendered, stating the case and certifying that such writ of error or appeal has been duly sued out or allowed. And in no case shall the plaintiff in error or appellant be entitled to docket the case and file the record after the same shall have been docketed and dismissed under this rule, unless by order of the court."

32.

[The portion of the rule in brackets was added

by amendment January 16, 1893. Otherwise the rule reads as originally adopted.]

MANDATE.

In all cases finally determined in this court,