Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1880-01-24
SUPREME COURT.

SUPREME COURT.
Rules Adopted in Bank January 16, 1880,
to Take Effect March %, 1880.
Rule Applicants for license practice as attor-
neys and counselors will be examined in open Court
on the first day Of each regular term and on that
day only. Until further orders the examination
will be based upon the following books: Black
stones Commentaries, kent's Commentaries, Green
leafs Evidence first yolume) Storys Equity Juris-
prudence, Goud's Pleading, Lube's Equity Pleading,
Parsons Contracts, Pomeroy's Introduction TO
Municipal Law, Code OF Civil Procedure. Persons
applying for admission, whether upon examination
or motion, must personally appear IN Court at the
time the application for admission is made No APP
plicant viii be examined unless there shall have
been filed with the Clerk of the Court, before the
first day OF the term at which the application is
made certificate, signed by at least two attorneys
Of the Court, each of whom shall have been regu-
larry engaged In practice such attorney for at
leastfour years next heretofore stating in substance
that they have, and each of them has, carefully and
diligently examined tre applicant touching the quail
ifcations Of such applicant in point OF leaning in
the law that it satisfactorily appeared to them and
each OF them, upon such examination, that the APP
plicant had been engaged in the study OF the law
for period OF time to be named in the certificate,
naming the place at which, and the person under
whom, if any, such study had been prosecuted
that the applicant had during that time, read GER
tain books OF law, which books shall be enumerated
III the certificate and stating aly other fact tend
ing to show the character OF the attainments of the
applicant, and also stating that in their opinion the
applicant possesses the requisite qualifications in
point OF learning in the law be entitled to be ad-
mtted to practice.
2 The fee for license must in all cases be depos-
tied with the Clerk OF the Court before the appca-
tion is made, to be returned to the applicant in
of rejection
8 No person rejected shall be al liberty to renew
the application earlier than the third regular term
next after such rejection
Rule 1.-The appellant in civil action SHALL
within forty days after the appeal is perfected, and
the bill of exceptions and the statement iii there De
any settled, and file the printed transcript
Of the record duly certified be correct by the at
torneys of the respective parties or by the Clerk Of
the Court from which the appeal is taken.
2. Written evidence of the service upon the adj
party of the transcript shall be filed there
with.
8. The time above limited may be extended by
stipulation, but snail not be extended by the Court
more than twenty days; and such extension OF time
shall be granted only upon good cause shown by al
fdavit.
A. ON or before the calling of a cause for argu-
ment, each party shall file with the Clerk his printed
points and authorities together with brief state
ment OF such OF the facts necessary to explain
the points made.
5. When an appeal involves the title to lands or
tenements, the attorneys OF the respective parties
appellant and respondent-shal, before the argu-
uent place in the hands of the Court written (or at
the option Of the party printed} schedules of the
title or deragument of title, chronologically ar
ranged, upon which they respectively rely; and a
failure 10 comply with this rule may, in the dis
erection of the Court operate waiver Of the right
of the party in default to orally argue the cause.
At the argument the Court may order briefs to be
filed by counsel for the respective parties. When
such order is made the briefs shall be printed, and
twenty-nine copies thereof shall be filed within
twenty days after the order.
6 In no case will the time for fling briefs be
tended.
:. Beside the original there shall be filed twenty
nine COPIES of the transcript and points and
authorities and statement of facts, which copies
shall be distributed by the Clerk in the manner
prescribed by law
s In crimina causes the written transcript OF the
record shall he prepared and filed within thirty days
after the appeal is taken.
Rule 3-if the transcript of the record be not
filed within the time prescribed, the appeal may be
dismissed, on motion, upon notice given. IL the
transcript, though not filed within the time pre-
scrbed, be on file at the time the notice Of the mo-
ton is given that fact shall be a sufficient
to the motion.
Rule 4-Un motion to dismiss an appeal, for a
failure to file the transcript within the prescribed
time there shall be presented the certificate OF the
Clerk below, under the seal of the Court, certifying
the amount or character of the judgment order
appealed from, the date of its rendition, the fact
and date of the filing of the notice of appeal to-
gether with the fact and date OF service thereof on
the adverse party and the character OF the evidence
by which said service appears the fact and date OF
filing the undertaking on appeal, and that the same
is il due form; the fact and time of the settlement
OF the bill OF exceptions and the statement of ap-
peal if there be any; and also that the appellant
has received duly certified transcript, that he
has not requested the Clerk to certify to correct
transcript of the record, or if he has made such
hail hal mott Nai1 tha faaS ,l,a
same have been demanded.
2 On motion to dismiss the appeal on any other
ground than the failure to file the transcript thin
the prescribed time, the moving papers shall con-
sist Of the certificate of the Clerk of the Court be-
low, as to any of the matters above mentioned or
of aftayits or both such certificate and affdayits
g. Copies Of the moving papers, except the tran
script shall be served with notice of the motion.
T. II an appeal be taken and perfected in the form
required by statute after the expiration of the time
limited by law for the taking of such appeal, the
respondent may under the provisions of this rule,
move to dismiss such appeal on that ground, whether
the time for filing the transcript has expired or not
;. When an appeal has been dismissed, under the
provisions of this rule certificate of that fact shall
be transmitted to the Clerk of the Court below,
forthwith, under the seal OF this Court, unless
stayed by order of the Court.
Rule 5.-All transcripts of record in civil cases
shall be printed .pn unruled writing paper, ten
inches long by seven inches wide, with a margin on
the outer edge of not less than two inches wide
The printed page, exclusive of any marginal note or
reference, shall be inches long and three and
one-half inches wide. The folios, embracing ten
lines each, shall be numbered from the commence
ment to the end, and the numbering of the folio
shall be printed on the left margin of the page
Small plea solid, is the smallest letter. and most
compact mode of composition allowed.
9. Transcripts in criminal cases may be printed
in like mlnner prescribed for civil cases or if
not printed shall be written one side only of
transcript paper, sixteen inches long by ten and
half in hes a mai in of
than one and one-half inches vide, fastened or
bound together the left PACED and prefaced with
an alphabetical index, and arranged in the manner
prescribed in Rule 6, for civil cases.
Rule 6.-The pleadings, proceedings and state
ment shall be chronologically arranged in the
transcript, and each transcript shall be prefaced
with an alphabetical index, specifying the folio
OF each separate paper order proceeding, and of
the testimony Of each witness and the transcript
shall have at least one blank fiy-sheet cover.
The chronological arrangement OF the several
parts of the transcript and strict compliance with
the other requirements of this rule will be exacted
of the appellant party filing the record here in
all cases. by the Court, whether objection by the
opposite party be made or not and for any failure
or neglect in these respects, which is found to OBJ
struct the examination of the record, the appeal
may be dismissed
Rule 7-Whatever map or survey forms part of
the transcript, it shall not be necessary to furnish
more than one copy thereof which shall be annexed
to the transcript filed with and certified by the
copies.
Rule s-No transcript, or other paper or docu
ment which fails to conform to the requirements of
these rules shall be filed by the Clerk.
Rule Before the printed transcript Gin cases
in which printed transcript is absolutely reaured)
is fled copy thereof shall be served on the adj
verse party, and if there be more than one adverse
party, appearing by different attorneys on the at
torney OF each party appearing. Ii party shall
present to the attorney of the adverse party
transcript on appeal, in civil cause and request
his certificate that the is correct and said at
torney, upon request, SHALL for period of five
days. neglect refuse to join III such certificate or
if deemed incorrect, shall neglect Iefuse for the
same time, 10 serve upon the party making the re-
quest written statement of the particulars in which
the transcript is incorrect upon the presentation
of the transcr corrected in the particulars thus
specified shall still neglect Iefuse for period OF
two DAYS to Join in such certificate the costs of pro-
curing the Ger ifcate to such transcript from the
Clerk of the proper Court shall be taxed against
the party whose attorney negiects refuses.
Rule 10 The written transcript in civil cases. au
thenticsted in the mode prescribed by Rule g. to-
gether 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 the transcript to be
printed and to printed copy shall annex his certif
cate that the slid printed transcript a full and
,I.a int ht