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UNITED STATES
CIRCUIT COURTS OF APPEALS

REPORTS

CONTAINING THE

CASES DETERMINED IN ALL THE CIRCUITS

FROM THE ORGANIZATION OF THE COURTS

FULLY REPORTED WITH ANNOTATIONS

With TABLES OF C. C. A. CASES PUBLISHED IN Vols. 30, 32, 37, AND 38, UNITED STATES

APPEALS REPORTS.
Also, 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

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RULES OF COURT.

UNITED STATES CIRCUIT COURT OF APPEALS.

Fifth Circuit.

23."

Ordered, that rule 23 be amended so as to read as follows:

1. The clerk shall, upon the docketing of a case, forthwith cause an estimate to be made of the cost of printing the record and of his fee for preparing it for the printer and supervising the printing, and shall notify the party docketing the case the amount of the estimate. If he shall not pay it within a reasonable time, the clerk shall notify the adverse party, and he may pay it. If neither party shall pay it, and for want of such payment the record shall not have been printed when a case is reached for hearing on the regular call of the docket, the case shall be dismissed.

2. The clerk shall cause the record in all cases to be printed forthwith after the payment of such estimate, and shall immediately thereafter furnish to the counsel of each party whose appearance shall have been entered, three copies of the printed record, taking a receipt therefor, and the parties may, by written stipulation filed prior to the printing of the record, agree that only parts of the record shall be printed, and the same may be heard only on the parts so printed, but the court may direct the printing of other parts of the record.

3. The clerk shall not take to the printer the original transcript on file, but shall cause copies to be made for the printer of such original papers sent up under rule 14, or other original papers, as are necessary to be printed.

4. The clerk shall cause at least twenty-five copies of the record to be printed, and may print a larger number on the request of either party on payment of the amount necessary for the printing of such extra copies.

5. The clerk shall supervise the printing and see that the printed record is properly indexed. He shall distribute the printed copies to the judges of the court and to the reporter from time to time, as required. If the cost of printing the record, together with the clerk's

1For rule 23, originally adopted in the Fifth circuit, see 21 C. C. A. cxxii., 78 Fed. cxxii. 24 C.C.A.

(iii)

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