whether it be in instructions given or in instructions refused. Such assignment of errors shall form part of the transcript of the record, and be printed with it. When this is not done counsel will not be heard, except at the request of the court; and errors not assigned according to this rule will be disregarded, but the court, at its option, may notice a plain error not assigned.

2. The plaintiff in error or appellant shall cause the record to be printed, according to the provisions of sections 2, 3, 4, 5, 6 and 9 of Rule 10.

RULE 36.

APPEALS AND WRITS OF ERROR.

1. An appeal or a writ of error from a Circuit Court or a District Court direct to this court, in the cases provided for in sections 5 and 6 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 3, 1891, may be allowed, in term time or in vacation, by any Justice of this court, or by any Circuit Judge within his circuit, or by any District Judge within his District, and the proper security be taken and the citation signed by him, and he may also grant a supersedeas and stay of execution or of proceedings, pending such writ of error or appeal.

2. Where such writ of error is allowed in the case of a conviction of an infamous crime, or in any other criminal case in which it will lie under said sections 5 and 6, the Circuit Court or District Court, or any Justice or Judge thereof, shall have power, after the citation is served, to admit the accused to bail in such amount as may be fixed.

RULE 37.

CASES FROM CIRCUIT COURT OF APPEALS.

1. Where, under section 6 of the said act, a circuit court of appeals shall certify to this court a question or proposition of law, concerning which it desires the instruction of this court for its proper decision, the certificate shall contain a proper statement of the facts on which such question or proposition of law arises.

2. If application is thereupon made to this court that the whole record and cause may be sent up to it for its consideration, the

party making such application shall, as a part thereof, furnish this court with a certified copy of the whole of said record.

3. Where application is made to this court under section 6 of the said act to require a case to be certified to it for its review and determination, a certified copy of the entire record of the case in the Circuit Court of Appeals shall be furnished to this court by the applicant, as part of the application.

RULE 38.

INTEREST, COSTS, AND FEES.

The provisions of Rules 23 and 24 of this court, in regard to interest and costs and fees, shall apply to writs of error and appeals and reviews under the provisions of sections 5 and 6 of the said act.

The following orders are hereby promulgated by this court:

ORDERED, That, under section 15 of the act approved March 3, 1891, 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," the Territories of Alaska and Arizona are assigned to the Ninth Judicial Circuit, and the Territories of New Mexico, Oklahoma, and Utah are assigned to the Eighth Judicial Circuit.

ORDERED, That Rule 67 of the Rules of Practice in Equity, as amended at December term, 1861, be amended by inserting after the words "in special instances" the words "in which instances it shall be taken down by a stenographer and be put into typewriting or other writing"; and by adding the following at the end of the amendment to Rule 67 of the Rules of Practice in Equity promulgated at December term, 1869: "The expense of the taking down of depositions by a stenographer and of putting them into typewriting or other writing shall be paid in the first instance by the party who makes the examination or cross-examination of the witness, as the case may be, and shall be imposed by the court, as part of the costs, upon such party as the court shall adjudge should ultimately bear them."

INDEX.

ABSENT DEFENDANT.

1. A provision in a statute authorizing notice to be given to an absent defendant to appear, by publishing the same in a newspaper once a week for four months, is not satisfied by a publication once a week for four lunar months; but the word "month" when so used signifies a calendar month. Guaranty Trust &c. Co. v. Green Cove Springs &c. Railroad Co., 137.

2. To support a decree for foreclosure against an absent defendant brought in by publication, publication for the full period required is necessary. Ib.

ADMIRALTY.

See JURISDICTION, A, 7.

ASSIGNMENT FOR BENEFIT OF CREDITORS.

1, A deed of assignment for the benefit of creditors, recited the indebtedness of the assignor, his inability to pay his debts with punctuality or in full and his desire to make "a fair and equitable distribution of his property among all his creditors," and provided that the assignor "has bargained, sold and assigned, and does hereby grant, convey and assign," unto the assignee "all the lands and all the personal property of every name and nature whatsoever of the said party of the first part, more particularly enumerated and described in the schedule hereto annexed, marked Schedule A, or intended so to be. . . . Schedule B, hereto annexed, contains, as near as I can state, a list of all my creditors and the amount of their respective demands, and both of said Schedules A and B are hereby made part of this assignment.' Schedule A, annexed to the assignment, contained an inventory of certain real estate, and a list of persons indebted to the assignor, and was verified by his oath to the effect that it contained a true list of the assignor's creditors and the amount of their respective demands. But it contained no clause or provision which, by any construction, embraced a stock of goods worth about $10,000, and constituting, at the time, the bulk of the assignor's estate. Held, That the title to these goods did not pass to the assignee, and remained subject to attachment as the property of the assignor. The general description in the assignment of the property conveyed is limited by the particular.

description immediately following in the same clause referring to
Schedule A. Bock v. Perkins, 628.

2. The statutes of Iowa relating to assignments for the benefit of creditors
refer to general assignments, by which the assignor makes a disposi-
tion of all his property for the benefit of all his creditors. They do
not relate to partial assignments which are permissible under the laws
of that State. Ib.

BILL OF EXCHANGE AND PROMISSORY NOTE.

1. The mere renewal of a negotiable promissory note does not, as between
the original parties, affect the essential nature of the transaction rep-
resented by it. King v. Doane, 166.

2. If, in an action by an endorsee against the maker of a negotiable promis-
sory note, the note is shown to have been obtained by fraud, the pre-
sumption, arising merely from the possession of the instrument, that
the holder in good faith paid value, is so far overcome that he cannot
have judgment unless it appears affirmatively from all the evidence,
whether produced by the one side or the other, that he in fact pur-
chased for value. Ib.

3. The rule which protects a bona fide holder for value of commercial paper
against defences or equities, that might be good, as between the orig-
inal parties, does not require that the holder shall have paid full value:
but if the amount paid is greatly disproportioned to the real value, the
security may be regarded as having been obtained without paying
anything for it. Ib.

4. King agreed to take $10,000, par value, of the capital stock of a cor-
poration being organized, and to pay $6666.66 for it. He executed
his promissory note for the latter amount that it might be discounted
and the proceeds applied on his subscription, his stock to be held as
security until the note should be paid. Doane, who had already sub-
scribed and paid his subscription, surrendered 100 shares to the com-
pany, which were allotted to King, and a certificate issued to him
therefor, which certificate, being endorsed by him in blank, was given,
with the note, to Doane as security for the payment of it, in considera-
tion of his surrender of the 100 shares. At maturity the note not
being paid, a note of $7118.50 was given in renewal. King being
sued on the renewal note, set up that he had been induced to make
the subscription by false and fraudulent representation on the part of
an agent of the company, and that Doane had not paid full value for
the note. Held, that Doane had purchased the original note for value,
and without knowledge or notice of any fraud or bad faith in the
transaction, and could recover. Ib.

CASES AFFIRMED OR APPLIED.

1. Buck v. Colbath, 3 Wall. 334. Etheridge v. Sperry, 266.