SESSIONS EN BANO AND IN DEPART

MENTS.

The Chief Justice may convene the court en banc at any time, and shall do so on the written request of three Associate Justices. Subject to this provision, or as limited by the Constitution, sessions of the court in departments for the purpose of hearing oral arguments, and designation of the Justices to hear such arguments shall be under the direction and control of the Chief Justice. In case of his absence or inability to act, such duties shall devolve upon the Judge who would next be entitled to become Chief Justice.

WRITS OF ERROR SUPERSEDEASPROCESS ON WRITS OF ERROR. Rule 1. Writs of error shall be directed to the clerk or keeper of the records of the court in which the judgment or decree complained of is entered, commanding him to certify a correct transcript of the record to this court. In any case where a transcript of the record, duly certified to be full and complete, has been filed or may be hereafter filed, in the office of the clerk of this court, before the issuance of a writ of error, it shall not be necessary, except in a case where a supersedeas may be allowed, to deliver such writ to the clerk of the inferior court; but the same may be filed in the office of the clerk of this court, and such transcript so filed with the clerk of this court shall be taken and considered to be a due return to said writ of error. In capital cases, in which a writ of error shall issue and be made to operate as a supersedeas to stay the execution of the judgment of the trial court, as provided by statute, such writ of error, as also the scire facias to hear the errors assigned, shall be made returnable forthwith. When a writ of error shall issue in a case where a supersedeas has been allowed after the filing of the transcript of the record, and shall be served on the clerk of the inferior court, he shall return upon said writ that the same has been served upon him and that it appears by the endorsement thereon that a transcript of the record has been filed in the office of the clerk of the Supreme Court.

Rule 2. A scire facias, or summons to hear errors in civil cases, and criminal cases not capital, if issued ten days or more before the first day of the term, shall be returnable to the first day of the term. If issued less than ten days before the first day of the term, it may be made returnable to any day in the term; provided, that in all cases, if such writ shall not be served ten days before the return day thereof, the defendant so served shall not be required to appear in obedience thereto until the first day of the term succeeding such return day.

A defendant upon whom process has not been served may enter his appearance, and, upon five days' notice to the plaintiff, may proceed in the same manner as if duly served with process..

Rule 3. If a scire facias, or summons to hear errors, shall not be served, an alias or pluries may be issued without an order of

court therefor.

Rule 4. No supersedeas will be granted unless the record upon which the application is made be complete and duly certified by the clerk of the court below, with assignments of error appended thereto, which assignments must be supported by a succinct printed or typewritten brief. No application for a supersedeas will be considered by the court, or by any justice in vacation, unless the cause shall have been first docketed.

Upon the docketing of the cause, as aforesaid, the sum of ten dollars shall be paid to the clerk, and upon the allowance of the writ, or upon further prosecution of the cause, an additional sum of ten dollars shall be advanced to the clerk.

Rule 5. When a writ of error shall be made a supersedeas the clerk shall endorse upon said writ the following words: "A transcript of the record in this cause having been filed in my office, with an order endorsed thereon that the writ of error herein be made a supersedeas according to law, this writ of error is therefore made a supersedeas, and shall operate accordingly;" which endorsement shall be signed by the clerk of this court.