transcript on appeal, in a civil case, and request his certificate that the same is correct, and said attorney, upon such request, shall, for a period of five days, neglect or refuse to join in such certificate, or, if deemed incorrect, shall neglect or refuse, for the same time, to serve upon the party making the request, a written statement of the particulars in which the transcript is incorrect; or upon the presentation of the transcript corrected in the particulars thus specified, shall still neglect or refuse, for a period of two days, to join in such certificate, the costs of procuring the certificate to such transcript from the clerk of the proper court shall be taxed against the party whose attorney so neglects or refuses.

RULE X.

1. The written transcript in civil causes authenticated in the mode prescribed by Rule 9, together with sufficient funds to pay the expenses of printing the same, may be transmitted to the clerk of this court. The clerk, upon the receipt thereof, shall file the same and cause the transcript to be printed, and to a printed copy shall annex his certificate that the said printed transcript is a full and correct copy of the transcript furnished to him by the party; and said certificate shall be prima facie evidence that the same. is correct. The said printed copy so certified shall also be filed, and constitute the record of the cause in this court, subject to be corrected by reference to the written transcript on file. Printed copies thereof shall be furnished as provided in Rule 2; and the clerk shall also immediately transmit, by mail or express, copies to the attorneys of the adverse parties, and note such service on the original.

RULE XI.

1. The expense of printing transcripts on appeal in civil causes, and pleadings, affidavits, or other papers constituting the record in original proceedings upon which the case is heard in this court, required by these rules to be printed, shall be allowed as costs, and taxed in bills of costs in the usual mode.

RULE XII.

1. For the purpose of correcting any error or defect in the transcript, either party may suggest the same in writing,

and, upon good cause shown, obtain an order that the prope clerk certify to this court the whole or part of the record, as may be required, or may produce the same duly certified, without such order. If the attorney or counsel of the adverse party be absent, or the fact of the alleged error or defect be disputed, the suggestion, except when a certified copy of the omitted record is produced at the time, must be accompanied by an affidavit, showing the existence of the error or defect alleged.

RULE XIII.

1. Exceptions or objections to the transcript, statement, the bond or undertaking on appeal, the notice of appeal, or to its service, or any technical exception or objection to the record in civil causes affecting the right of the appellant to be heard on the points of error assigned, which might be cured on suggestion of diminution of the record, must be taken and noted in the printed points of the respondent, required to be filed and served under Rule 2, or otherwise. notified to the appellant in writing, at least five days before the hearing, or they will not be regarded; and when so noted, it shall be the duty of the appellant to present and file at the hearing of the cause such additional record, certificate, or other matter, if such there be, to remove or answer the objection or exception so taken; otherwise such objection or exception, if well taken, shall prevail.

RULE XIV.

1. Upon the death or other disability of a party pending an appeal, bis representative shall be substituted in the suit, by suggestion in writing, on the part of such representative, or of any party on the record. Upon the entry of such suggestion, an order of substitution shall be made, and the cause shall proceed as in other cases.

RULE XV.

1. One week before the commencement of the term, the clerk shall, unless ordered by the court, place on the calendar all causes which have been continued from the previous term; also, all causes in which the transcripts shall theretofore have been filed. Other causes in which the tran

A. T. REPS. I-2

tscripts have been filed may be placed on the calendar on the stipulation of the parties. Causes may be placed on the calendar on the motion of the respondent-five days' notice of the motion being given-when the appellant has failed to file the transcript, as prescribed by Rule 2. When the transcript in a criminal cause is filed, after the calendar is made up, the cause may be placed thereon by consent, or on the motion of the defendant.

RULE XVI.

1. In all cases where a paper or document is required by these rules to be printed, it shall be printed upon similar paper and in the same style and form (except the numbering of the folios in the margin) as is prescribed for the printing of transcripts.

RULE XVII.

1. No more than one counsel on a side will be heard upon the argument, except in peculiar and important cases; but each defendant who has appeared separately in the court below, may be heard through his own counsel. The counsel for each party will be allowed only one hour, unless an extension of time be obtained from the court before the argument is commenced.

RULE XVIII.

1. All opinions delivered by the court, after having been finally corrected, shall be recorded by the clerk.

RULE XIX.

1. No motion for a rehearing shall be permitted in cases in which the remittitur shall have been ordered to be issued. All motions for rehearing shall be upon petition, which, in civil cases, shall be printed. The petition must be filed within twenty-five days after the judgment has been rendered. The time herein prescribed shall not be extended by the court, and the clerk shall not file a petition after such time has expired. The petition shall operate as a stay of proceedings until it has been determined. When it appears that a petition has been filed for delay only, or is frivolous, the court may impose such costs and damages as may be deemed proper.

RULE XX.

1. No remittitur shall issue until after the expiration of twenty-five days from the entry of the judgment or order, unless upon the order of the court, or of three of the justices; provided that when an appeal is dismissed for any cause, the remittitur in case the transcript shall have been filed in this court, shall issue forthwith, unless stayed by an order of the court or three justices thereof; and in case no transcript shall have been filed, then a certificate of dismissal shall be forthwith issued, as provided in subdivision five of Rule 4..

RULE XXI.

1. The proof of service of notice and affidavits, or writ and affidavits, shall be the same as the proof of service of summons in civil cases. After the return day has passed, upon filing due proof of service of notice and affidavits in an application for a peremptory mandate, or of the affidavits. and alternative writ, when the alternative writ has been issued, as provided by these rules, and that no answer has been served and filed as herein provided; upon application of the moving party, the clerk shall place the cause upon the calendar for hearing, on the first day of the term, or such other day as may be specially appointed by the court, upon the papers of the applicant; and the application shall be heard upon such papers, unless the court, upon motion. on notice and affidavits, shall relieve the respondent from his default, on the ground of mistake, inadvertence, surprise, or excusable neglect, and permit an answer to be filed.

RULE XXII.

1. When a peremptory writ of mandate is awarded it shall issue immediately, unless stayed by special order of court.

RULE XXIII.

1. An appeal or writ of error may be dismissed at any time, upon and in accordance with the written stipulation of the attorneys of record of the respective parties; and upon and in accordance with such stipulation, the clerk shall enter such dismissal, and the remittitur shall issue thereon in accordance with the terms of said stipulation.

RULE XXIV.

1. When the inspection of an original paper, which was offered in evidence in the court below, is shown to be necessary to a correct decision of the appeal, the court may order the clerk of the court below to transmit such original paper, if in his possession, to the clerk of this court; and if such paper be in the possession of a party to the action, he may produce the same on the hearing of the cause, or he may, upon motion and notice of the adverse party, be required to produce such paper on the hearing of the cause; and in default thereof, the court will intend the paper to be, in all respects, as alleged by the opposite party.

RULE XXV.

1. In any application made to the court for a writ of mandamus, certiorari, prohibition, procedendo, or for any prerogative writ to be issued in the exercise of its original jurisdiction, and for which an application might have been lawfully made to some other court in the first instance, the affidavit or petition shall, in addition to the necessary matter requisite by the rules of law to support the application, also set forth the circumstances which, in the opinion of the applicant, render it proper that the writ should issue originally from this court, and not from such other court-the sufficiency or insufficiency of such circumstances so set forth in that behalf will be determined by the court in awarding or refusing the application. In case any court, judge, or other officer, or any board or other tribunal in the discharge of duties of a public character, be named in the application as respondent, the affidavit or petition shall also disclose the name or names of the real party or parties, if any, in interest, or whose interest would be directly affected by the proceedings-and in such case it shall be the duty of the applicant obtaining an order for any such writ, to serve or cause to be served upon such party or parties in interest a true copy of the affidavit or petition and of the writ issued thereon, in like manner as the same is required to be served upon the respondent named in the application and proceedings, and to produce and file in the office of the clerk of this court the like evidence of such service.