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

lowed as costs, and taxed IN bills OF costs in the
usual mode
Rule l2.-For the purpose Of correcting any error
defect in the transcript, either party may suggest
the same ia writing, and upon good cause shown
obtain order that the proper clerk certify to this
Court the whole or part OF the record, may be
| quired, or may~produce the same duly certified,
without such order. Ii the attorney counsel of
the adverse party be absent, the TACT OF the al
legged error defect be disputed, the suggestion,
except when certified copy OF the omitted record
| is produced at the time must be accompanied by
affidavit showing the existence OF the defect
ALLEGED.
! Rule 1S.-EXceptions or objections 10 the tran
script, statement, the bond, or undertaking ap-
peal the notice of appeal or to its service or any
! technical exception 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 dminuton of the record,
must be taken and notified to the appellant in writ
ing, at least five days before the hearing or they
will not be regarded and when noted 1t shall BE
the duty OF the appellant to present and file at the
hearing OF the cause such additional record, certf
cate other matter, ii such there be, to remove or
answer the objection or exception taken; other
wise such objection exception if well TAKEN shall
prevail.
Rule II. Upon the death or other disability of
party, pending appeal his representative shall be
substituted i'll the suit by suggestion, writing,
the part OF such representative, OF any party
the record. Upon the entry OF such suggestion, an
order OF substitution shall be made ana the cause
shall proceed as in other cases.
kule lo.-One week before the commencement OF
term, the Clerk shall unless otherwise 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 have been file
| zen days. Other causes, in which the transcripts
have been filed may be placed 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 giyen-when
the appellant has failed to file the transcript as pre-
scribed by Rule 3 When the transcript in a criminal
cause Is fled after the calendar is made up, the
cause may be placed thereon by consent, or on the
motion of the defendant.
Rule 16.-Crminal causes shall be placed at the
head of the calendar Other causes shall be ar
ranged on the calendar as the Chief Justice OF the
Court may direct.
Rule l7-In all cases where paper or document
is required by these rules to be printed shall be
printed upon similar paper, and in the same style
and form Except the numbering of the olios in the
margin) as Is prescribed for the printing Of tran
SCRIPTS
Rule IS.-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 ap-
peared 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 ex.
tension of time be obtained from the Court before
the argument is commenced.
Rule 19.--An opinions delivered by the Court
after having been finally corrected, shall be recorded
! by the Clerk.
Rule 20.-In all cases where notice of a motion is
necessary, unless for good cause shown the time is
shortened by the Court, the notice shall be ten
days.
| Rule 2l.-When judgment is reversed or mod-
fled, certified copy OF the opinion in the shall
be transmitted, with the remittitur, to the Court
| below.
Rule D. No paper shall be taken from the Court
room or Clerks Office, except by order Of the Court
| NO order Will be made for leave TO withdraw a
transcript for examination except upon leaving with
! the Clerk a written receipt therefor.
Rule 23.-Writs of certiorari may be issued by the
Clerk upon the order of the Court on the filing Of
petition therefor and shall be reurnabe in thirty
| days.
Rule 24-when causes are placed upon the cal
endar parties shall be primarily liable for COSTS as
follows LIST. If by the appellant, he shall first be
! liable. I'd. Ii by the respondent, or by consent,
then both parties. civil cases the Clerk shall not
be required to remit the final papers until the
are paid in all cases in which the judgment or
der appealed from is reversed modified, and the
order of reversal modification contains direc.
ton as to costs OF appeal the Clerk VIII enter upon
the record aud insert in the remittitur judgment
that the appellants recover the costs Of the appeal
| Rule 25.-All causes regularly on the calendar
may be brought TO hearing by either party, when
called In their order, on the day Tor which they
set, soon thereafter they may be reached in
| the regular CALL without further notice. When the
appellant has failed to file the transcript, provided
by Rule 2, and the cause is put the calendar on
| the motion OF the respondent, the appeal will be
dismissed or judgment affirmed, in the discretion Of
! the Court, on motion Of respondent.
Rule 26.-An appeal or writ OF may be dis
! missed at any time, upon ana IN accordance with
the written stipulation Of thu attorneys of record of
tn resp ctive parties and upon and in accordance
/ with such stipulation, the Clerk shall enter such
dismissal, and the remitttur shall issue thereon in
accordance with the terms of said stipulation.
Rule 27.-When the inspection OF an original pa
per- which was offered Ill evidence III the Court be-
low, is shown to be necessary to correct decision
OF the appeal, the Court may order the Clerk Of the
Court below to transmit such original paper, ii in
! his possession, to the Clerk of this Court and if
such paper be in the possession of 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 i'll default thereof
the Court will intend the paper to be- in all respects
| as alleged by the opposite party.
Rule 2S-ln any application made to the Court for
writ Of mandamus, certiorari, prohibition, pro-
cedendo, or for any prerogave writ to be issued in
the exercise of its original jurisdiction, and for
which application might have been lawfully
made to some other Court the first instance, the
affidavit petition SHALL in addition to the Reces
sary matter requisite by the rules Of the law sup
port 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 suf-
fciency insutfciency OF such circumstance 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 pub
! lie character, be named in the application as re-
spondent, the application petition shall also dis
close the name names of the real party parties
if any, in interest, whose interest would be di-
rectly affected by the proceedings, and such
| II shall be the duty Of the applicant obtaining an
order for such writ to serve or cause to be
served upon such party parties in interest true
copy of the affidavit petition and OF the writ is
sued thereon in like manner as the same is required
TO be served upon the respondent named in the ap-
| pication and proceedings, and to produce and file
in the office of the Clerk of this Court the like evil
dence of such service.
Rule 29.-When the Judge before whom an action
was tried is dead, or is removed from office any I'M
settled bill of exceptions, statement on motion
for trial therein, may be settled and certified
by his successor in office or, if he be disqualified,
! by Judge of the same or an adjoining county.
And when the Judge before whom an action was
tried becomes disqualified is absent from the State,
refuses to settle the bill of exceptions or state
ment motion for trial, such bill of exceptions
or statement may be settled and certified before
| Judge of the same adjoinng county.
| Rule 30 Applications, made before or after judg
| ment pronounced by a Department, that a cause
shall be heard and decided by the Court in bank,
must be made upon printed petition, addressed to
the Chief Justice or the Court, setting forth the
question involved in the cause and the reasons why
it should be heard by the Court in bank. If made
before Judgment the petition must be filed with the
Clerk OF the Court at least ten days before the Clerk
makes up the calendar. And, ii made after judg-
ment pronounced by any Of the Departments, within
twenty days after such Judgment. The times herein
prescribed shaltnot be extended by the Chief Jus
tice any of the Associate Justices, the Court
and the Clerk shall not file petition after such
times have expired. In cases of judgments, the pc
ttion shall operate stay of proceedings until it
shall be determined.
1t is ordered that the foregoing rules be and the
same hereby adopted; that they be published in
accordance with the provisions of the statute in that
behalf and that they take effect on the 22d day Il
March, 1880, and that thereupor all rules heretofore
made be abrogated. MORRISON, c. j.,
THORNTON, j.,
Ross, j.,
MYRICK, j.,
AffE-