the objections in advance of the trial, or in connection therewith, as it may in each case determine, and without oral argument, and will order suppressed, evidence not rightfully taken. The party taking the evidence so suppressed shall pay the costs arising therefrom, including the printing thereof."15 [d] application for or objections to the taking allowed in advance. "Nothing herein shall exclude applications for leave to take further proof, or objections thereto, in advance of the taking thereof, or objections touching the formalities of taking it; but the latter must be brought to the attention of the court forthwith after the evidence is filed."16 [e] Second and ninth circuits-allowance of further proof etc. The following rule is in force in the second circuit: "Upon sufficient cause shown, this court, or any judge thereof, may allow either appellant or appellee to make new allegations, or pray different relief, or interpose a new defense, or take new proofs. Application for such lease must be made within fifteen days after the filing of the apostles, and upon at least four days notice to be adverse party."17 A similar rule obtains in the ninth circuit also: "Upon sufficient cause shown, this court or any judge thereof, may allow either appellant or appellee to make new obligations or pray different relief, or interpose a new defense or make new proofs. Application for such leave may be made at any time after the perfecting of the appeal in this court, and within fifteen days after the filing in this court of the apostles, and upon at least four days notice to the adverse party or his attorney of record."18 [f] - new pleadings-new testimony. In the second and ninth circuits the rule is that: "If leave be granted to make new allegations, pray different relief, or interpose a new defense, the moving party shall, within ten days thereafter, serve such new pleading, duly verified, on the adverse party, who shall, if such pleading be a libel, within twenty days answer on oath. "If leave be given to take new testimony, the same may be taken and filed within thirty days after the entry of the order granting such leave, and the adverse party may take and file counter testimony within twenty days after such filing."20 In the 2nd circuit the rule provides that: "Such testimony shall be taken by deposition before any United States commissioner or notary public, upon reasonable notice in writing given to the opposite party; or by commission 15 Par. 9 C. C. A. Rule 14. 1st circuit promulgated, Feb. 23, 1894. 16 Par. 10 C. C. A. Rule 14. 1st circuit promulgated Feb. 23, 1894. 17 Adm. Rule vii. C. C. A. 2nd circuit adopted May 20, 1892. 18 Adm. Rule 7 C. C. A. 9th circuit adopted May 21, 1900. 20 Adm. Rule, viii. C. C. A. 2nd circuit adopted May 20, 1812, and Rule 8. C. C. A. 9th circuit adopted May 21, 1900. issued out of this court, with interrogatories annexed. Upon proper cause shown, the court may grant an open commission."2 A similar rule in the ninth circuit provides that: "Such testimony shall be taken by deposition before the clerk of the court, or any United States commissioner, or any clerk of a district or circuit court of the United States, or any notary public, upon reasonable notice, in writing, given to the opposite party or his attorney of record, either in this court or in the court below, which notice must state the name or names of the witness or witnesses and the time and place of taking his or their deposition or depositions; or by commission issued out of this court with interrogatories annexed. Upon sufficient cause shown, the court may grant an open commission."3 [b] Sixth circuit-further testimony in admiralty causes. "In admiralty appeals no testimony shall be taken except under a commission issued from this court to a clerk of a United States court or a United States commissioner, by direction of the court, the circuit justice, or either circuit judge, qualified to sit on appeal in said case, after cause shown to such court, justice, or judge that such evidence is material and necessary, and could not by due diligence have been produced at the original hearing. Such testimony shall be taken only on interrogatories settled by such court, justice or judge, upon at least ten days' previous notice to the opposing party or his attorney (accompanied by a copy of the proposed interrogatories), and upon cross-interrogatories to be settled at the same time after five days' previous notice of the same, with copy thereof, to be served upon counsel offering testimony."4 § 2091. Use of books in Supreme Court law library how regulated. During the session of the court, any gentleman of the bar having a case on the docket, and wishing to use any book or books in the law library, shall be at liberty, upon application to the clerk of the court, to receive an order to take the same (not exceeding at any one time three) from the library, he being thereby responsible for the due return of the same within a reasonable time, or when required by the clerk. It shall be the duty of the clerk to keep, in a book for that purpose, a record of all books so delivered, which are to be charged against the party receiving the same. And in case the same shall not be so returned, the party receiving the same shall be responsible for, and forfeit and pay twice the value thereof; and also one dollar per day for each day's detention beyond the limited time. First clause Supreme court rule 7, revised and corrected Dec. term, 1858.7 2 Adm. Rule ix. C. C. A. 2nd cir cuit adopted May 20, 1892. 3 Adm. rule 9, C. C. A. 9th circuit, adopted, May 21, 1900. 4Rule 35 C. C. A. 6th circuit adoped June 22, 1893. 721 How. vi. § 2092. Copy of records, motions, and briefs to be deposited in law library. The clerk shall deposit in the law library, to be there carefully preserved, one copy of the printed record in every case submitted to the court for its consideration, and of all printed motions, briefs or arguments filed therein. Second clause Supreme Court rule 7, promulgated Oct. 25, 1875.8 § 2093. Books of the court to be kept in conference room. The marshal shall take charge of the books of the court, together with such of the duplicate law books as Congress may direct to be transferred to the court, and arrange them in the conference room, which he shall have fitted up in a proper manner, and he shall not permit such books to be taken therefrom by any one except the justices of the court. Clause 3, Supreme Court rule 7, as revised Dec. term, 1858.10 § 2094. Supreme Court's adjournment day-no argument or brief three days prior thereto. The court will, at every term, announce on what day it will adjourn at least ten days before the time which shall be fixed upon; and the court will take up no case for argument, nor receive any case upon printed briefs, within three days next before the day fixed upon for adjournment. Supreme Court rule 27, revised Dec. term, 1858.11 § 2095. Appellate proceedings from Porto Rico courts to be in English. All such proceedings in the Supreme Court of the United States [i. e., appeals and writs of error from Porto Rico courts] shall be conducted in the English language. Part of § 35 of act April 12, 1900, c. 191, 31 Stat. 85. § 2096. On what papers appeals in admiralty heard-review in part only. The appeal shall be heard on the pleadings and evidence in the district court, unless the appellate court, on motion, otherwise order. 891 U. S. vii. 1021 How. vi. 1121 How. xv. The appellant may also, at his option, state in his notice of appeal that he desires only to review one or more questions involved in the cause, which questions must be clearly and succinctly stated; and he shall be concluded in this behalf by such notice, and the review upon such an appeal shall be limited to such question or questions. Clause 2 of rule 1 and rule 3 in admiralty in force in second and ninth circuits. § 2097. When appellant in admiralty may proceed to hearing. -ex parte. If the appellee does not cause his appearance to be entered in this court within ten days after service on his proctor of notice that the apostles are filed in this court, the appellant may proceed ex parte in the cause, and have such decree as the nature of the case may demand. 6th admiralty rule in second and ninth circuits. CHAPTER 62. DECISION, DISPOSAL OF CAUSE AND MANDATE. § 2105. Opinions of Supreme Court to be recorded and delivered to re § 2109. § 2110. Dismissal in vacation on written agreement in Supreme Court. -in circuit court of appeals. § 2111. Dismissal or affirmance where no appearance for plaintiff in error in Supreme Court. § 2115. § 2116. Judgment may be rendered on nonappearance of defendant. -rule in circuit courts of appeal. § 2117. Dismissal at second term in Supreme Court if neither party § 2119. Nature of decree and relief awarded by appellate court-not to issue execution. § 2120. § 2121. § 2122. Disposition of causes brought up on error to State court. Remand by circuit court of appeals after decision. § 2123. § 2124. Interest in Supreme Court and circuit courts of appeals on affirmance of judgment below. § 2128. foregoing provisions apply to review under act of 1891. § 2133. Mandate on determination of cases in circuit court of appeals. § 2134. Entry of decrees in second circuit-bill of costs submitted. |