provided further, That the court below may in its discretion require as a condition of the appeal, an additional injunction bond." Approved February 18, 1895. 43 An order so modifying an interlocutory decree for a broad perpetual injunction against infringement of a patent as to permit defendant to manufacture and sell, for a limited time, certain infringing machines, is an order dissolving pro tanto the original injunction, and is consequently an appealable interlocutory decree, in the meaning of this section. Bissell Carpet-Sweeper Co. v. Goshen Sweeper Co. (6th Circuit) 19 C. C. A. 25, 72 Fed. 545. On appeal from an order denying a preliminary injunction, as well as from an order granting such injunction, the decision of the judge below will not be reversed unless it appears from a consideration of the case, as presented to him, that his legal discretion to grant or withhold the injunction was improvidently exercised. Thompson v. Nelson (6th Circuit) 18 C. C. A. 137, 71 Fed. 339. [PUBLIC NO. 18.] An act to withdraw from the supreme court jurisdiction of criminal cases not capital, and confer the same on the circuit courts of appeals. Be it enacted by the senate and house of representatives of the United States of America in congress assembled, That so much of section five of 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, as reads "in cases of conviction of a capital or otherwise infamous crime," be amended by striking out the words "or otherwise infamous," so that the same will read "in cases of conviction of a capital crime;" and that appeals or writs of error may be taken from the district courts or circuit courts to the proper circuit court of appeals in cases of conviction of an infamous crime not capital: Provided, that no case now pending in the supreme court or in which an appeal or writ of error shall have been taken or sued out before the passage of this act shall be hereby affected, but in all such cases the jurisdiction of the supreme court shall remain, and said supreme court shall proceed therein as if this act had not been passed. Approved January 20, 1897. RULES OF THE UNITED STATES CIRCUIT COURTS OF APPEALS. AS ORIGINALLY ADOPTED AND SUBSEQUENTLY AMENDED With Annotations from Decisions Rendered by the Supreme AMENDED RULES. [Subsequent amendments to the rules of the United States Circuit Courts of Appeals will be published in future volumes of these reports.] FIRST CIRCUIT. [The rules as originally adopted, where identical with those of the other circuits, will be found at pages cix-cxxvii. Only such originally adopted rules as were not identical with those of the other circuits, and amendments, changes, and repeals of the rules as originally adopted, are given under this head, reference being made to others in their proper places.] 1. [As originally adopted. See page cix.] 2. [As originally adopted. See page cix.] 3. [This rule as originally adopted read as follows: "Terms. One term of this court shall be held annually at the city of Boston on the first Tuesday of October, and shall be adjourned to such times and places as the court may from time to time designate." It was amended, September 15, 1892, to take effect the first Tuesday in November following, Mr. Justice Gray, Judge Colt, and Judge Putnam being present, so as to read as follows:] TERMS AND SESSIONS. One term of this court shall be held annually at the city of Boston at ten o'clock in the forenoon on the first Tuesday of October. Stated sessions thereof shall be there held at the same hour on the first Tuesday of every month, and may be adjourned to such times and places as the court may from time to time designate. But, unless otherwise ordered, any adjournment shall be held to have been made to the first day of the next stated session. |