Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1845-02-06

Schr. Col. de Russy, Parker, Baltimore.
Steamer Pocahontas, Hollngshead, Baltimore.
New York, Feb 3-Cleared, schr. Manches-
ter, Worth, Richmond.
VIRGlNIA:-At a Court OF Appeals held at
Y the Capitol in The City OF Richmond, ON Sa-
lurlay, January 25lh, 1915:
RULES-It having become necessary 10 re-
wise and add 10 the former Rules of this Court,
they have been revised by the Court As follows,
and are ordered TO be published for the intor-
nation of the Bar, and Of the public.
No affidavls shall be read in support of or OPP
position 10, any motion hereafter made 10 the
Court, unless reasonable notice be given 10 the
opposite party of the time and place Of taking the
same or good cause be shown why such notice
has no, been given: and every motion which is
not motion OF course, shall be supported by afl-
davit.
A clear and concise state Of The case Of each
party, in an appeal writ of error or superscdeas.
with the points intended 10 be insisted on, signed
by his counsel and printed shall delivered toeach
OF The Judges of The Court time enough before the
hearing, for his consideration, according TO the act
OF Assembly passed January 9Th, 1873 and no
error, other than such as shall be pointed out and
insisted on in such statement on the part OF the
plaintiff or appellant, shall (wihout leave of the
Court) be admitted as ground for argument, on
the hearing Of the cause. No cause will be pro-
ceeded in without such statement. But party
who has prepared and filed a statement, may in
sist on hearing when the cause is regularly
called, although no statement shall have been
made on the part Of his adversary. IL no slate
men, be filed by either party, when cause IS call
ed il shall stand continued until the next term.
Where there are two or more counsel on Inc
same side, no orc OF them shall argue twice, e1
ac, l,a Cn, Oh all thai
two counsel representing The same interest oil one
or more party or pariies be pcrmllteu 10 argue oi
such party or parties.
! In chancery causes, il is unnecessary 10 read
The record 10 the Court; but the counsel MAJ refer
thereto, and safe what they consider as proved oy
the answer, or any dispositions or exhibits on when
they rely-and in all cases, it is recommended 10
the gentlemen Of the Bar TO select and cite OILY
the most pertinent authorities.
No oral argument will be permitted upon e3-
cep,ions 10 a Master Commissioners report, ex-
cept upon naked questions OF law, without refer
ence 10 details of evidence.
| Gases oil peculiar hardship or general incoh-
| vcniencc NAV be heard out of course, where Inc
reasons for so doing are extremely strong: 10 as
certain which, clear and candid state oil The case
and of the facts on which the reasons Tor depail,
ING from the regular course arc founded, shall !@
presented 10 the CouIt, verified BY affidavit where
such can be obtained or signed BY the counsel pre-
ferrino The petition: notice Of which, BY present.
ing copy oil the petition TO the counsel Tor .he
adverse party is TO be given al least tour days oc
fore the petition shall be presented And IN case
the petition is intended 10 be opposed Inc adverse
counsel shall present 10 The Court and The counsei
for The petitioner, in writing the reasons Tor sucn
opposilion; verifying or denying, in the same man
| ner, any facts which may he relied on IN support
Of or opposition TO- the petition, al least one day
before the petition shall be presented; which mat
| lers the Court will take into consideration, WIN
! out argument, and decide thereupon as 10 them
| shall seem most reasonable.
I Where any process 10 revive suit, on Tie
| death Of party either plaintiff or defendant,
shall be returned executed, there shall be al least
sixty days allowed 10 the party or parties, IN
whose name or names, such suit may be revived,
/ top prepare for the trial thereof
| No certificate Of judgment or decree of the
! Court of Appeals, shall, without the special d.
| recton Of the Court be transmitted TO any info
\ rior Court, in less than sixty days from The rem
dtion thereof unless The Court shall previously
! have adjourned for one or more weeks.
/ When judgment or decree is reversed neither
in whole nor in part, on the ground oil error
against the appellant or plaintiff, in any appeal,
writ Of error or snpersedeas, yet if error is per-
I ceived against the appellee or defendant, the
| Court will consider the whole record as before
them and will reverse the proceedings, either in
whole or in part, in The same manner as they
! would do, were the appellee or defendant 10 bring
| the same before them, either hy appeal, writ OF
! error or superscdeas unless such error be waived
| Nv The appellee or defendant; which waiver shall
be considered release of all error as 10 him.
No appeal which shall have been dimissed or
abaled by the Court, shall be renstated or revived
after the lapse Of sixty days from such dsmission
or abatement, except for good cause shown TO
The Court, verified BY aifiiavii and upon reason.
able notice 10 the adverse party of the time OF
making the motion; nor then, except in very spc-
cial cases, unless such motion be made within
one hundred and twenty days from the time OF
such dismission or abatement; provided, that il
the Court shall not be in session on the day TO
which such notice shall be given, farther time
OF Ten days shall he allowed the party 10 exhibit
his motion after the next meelin. Of the Court.
The officers attending this Court and receiy-
ing per diem therefor, shall furnish, at the end
4 OF each term an account Of the number of days
they have actually attended on the Court verified
BY affidavit; and the allowance will be made ac-
cordingly by the Court
When an appeal writ of error, or Supersedeas
shall be awarded by this Court it shall be the du-
ty Of the Clerk, either TO issue cerorari, or CO.
py Of the order allowing such appeal, writ OF error
s. OF SURPRISINGLY, VI CCltlIy tuS ldCl VI dlON-
ance thereof to the Court below.
Whenever il is necessary that an absent party
should have notice Of an order Of this Court, it
shall be published once week, for eight success
sive weeks in the manner prescribed by the act
Of Assembly in the case OF absent defendants.
The annual session of the Court Of Appeals,
directed by law 10 be held at The Capitol, in the
city of Richmond shall be divided into the follow
ing terms, viz: from the 18th Of October to The
10Th Of December, inclusive from the 9Th OF ia
nuary 10 the 9Th of March, inclusive; and from
the lst of April 10 the llh Of May, inclusive.
1t is not deemed expedienl, at present. TO divide
into separate terms the annual session of the
Court of Appeals, directed b. law TO be held at
Lewisburg. The Court will meet there at the
lime prescribed by law, and will continue in SEES
sion ninety days, unless the business be sooner
dispatched.
The Court on the second day in each term,
will commence calling the cases for argument,
in the order in which they stand on the docket,
and proceed, from day 10 day during the term, in
the same order; and if The parties, or either OF
them, shall be ready when the case is called the
same will be heard; and il neither party shall be
ready TO proceed in the argument, the cause shall
90 down TO the foot OF the docket Five causes
only shall be considered as liable to be called on
each day during the term, including the one that
may NC uitCi 4NO cause SlldI TIC Ia
ken up out OF the order OF the docket, or be sci
down for any particulard day. except causesw which,
from their own peculiar character or the man.
date of the law, are regarded as privileged ca
ses. Every cause which shall have been called
in its ORDER and passed, and put a, the foot of the
docket, shall, if not again reached during the
term ii was called, be continued 10 The next term
of the Court, and for the purpose of calling the
docket, and for that purpose only, the term OF
the Court at Richmond, shall be considered as
continuing from The meeting of the Conr, in DC.
tober, until the final adjournment in The succeed
ing spring or summer, without regard 10 The in
tervals of adjournment.
When cause shall be called for hearing, the
Court will receive printed or fairly written, argu,
men,s, "a copy for each Judse) il The counsel, on
either or both sides, shall chose so 10 submit the
and Tho ,ca chall Siand an tho foot.