The record-union., 1892-04-30
RULE VIII.

WIN an alphabetical Index, specifying the
/ folio of each separate paper, order or proceed
! Ing, and of the testimony of each witness; and
! the transcript shall have at least one blank
! hysheet cover. The ch7oHoIoyicGI tt9-rdnoe-
1leltt OF the several parts of the transcript and
a strict compliance with the herregl,irenae1ts
OF this rule, viii be exacted of the appellant or
party tIling the record here in ali cases, or 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 obstruct
| the examination OF the record, the appeal
may be dismissed.
RULE TX.
MAPS.
! Whenever a map or survey forms part of
the transcript it shall not be necessary to fur
! be annexed TO the transcript filed with and
! certified by the clerk, and reference thereto
shall be made III the other copies.
RULE X.
PENALTY.
! No transcript, or other paper or document,
which fails to conform 10 the requirements of
these rules, shall be filed by the clerk.
RULE XI.
! TRANSCRIPT, SERVICE AND CERTIFICATE.
Before the printed transcript (in cases in
which printed transcripts required) is filed,
/ a copy thereof shall be served upon the adj
verse party, and if there be more than one ad-
! verse party, appearing by different attorneys,
on the attorney OF each party appearing.
/ III party shall present 10 the attorney of the
adverse party transcript on appeal, in a
civil cause, and request his certificate that the
same Is correct, and said attorney, upon such
request, SHALL Tor a period OF five days, neglect
| OF refuse to join i'll such certificate, or. il
! deemed incorrect, shall neglect or refuse for
/ the same time, to serve upon the party max
/ ing the requesta written Statement of the par
ticularS 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 JON in such certificate the cost of
! procuring the certificate to such transcript
| from the clerk of the proper court shall be
|
| neglects or refuses.
RULE XII.
CLERK May PRINT TRANSCRIPTS AND GER
THY To SAME.
! /. The written transcript in civil causes
! authenticated in the mode prescribed by Rule
! XI., together with sufficient funds to pay the
! expenses of printing the same, may be trans
mitted 10 the clerk of this court. The clerk,
/ upon the receipt thereof, shall Tile the same
ana cause the transcript To be printed. and to
a printed copy shall annex his certificate that
| the said printed transcript is full and cor
! rect copy OF the transcript furnished TO him
| by the party; and said certificate shall be
priD1d facte 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 10 be corrected by refer
ence TO the written transcript on file. Printed
copies thereof shall be furnished as provided
in Rule H.; ana the clerk shall also immedi-
ateiy transmit, by mail or express, copies to
the attorneys of tie adverse parties, and note
such service on the original.
POINTS WHERE CLERK PRINTS RECORD.
! [2. The time for filing points and author-
ties in cases where the record is printed by
the clerk shall commence to run from the
filing of the printed copy Of the Transcript
RULE XIII.
COSTS OF PRINTING.
The expense of printing transcripts on ap-
| peal IN civil causes and pieadings, affidavts
! 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 cost in the usual mode.
RULE XIV.
SUGGESTION OF DIdINUTIoN OF RECORD
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 order that the proper
| clerk certify TO this court the whole CT part
! of the record, as may be required, or NAV
produce the same duly certified without such
| order. If the attorney or counsel of the adj
verse party be absent, or the fact or the al
! legged error or detect be disputed, the suggeS-
| tion, except when 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 XIV.
EXCEPTIONS TO TRANSCRIPT.
Exceptions or objections to the transcript
statement, the bond, or undertaking on APP
peal, the notice of appeal or to its service, or
any technical exception or objection to the
record in civil cases, affecting the right of the
appellant to be heard on the points of error
assigned, which might lie cured on SuggeS-
ton of diminution of the record, must be
taken and notified TO the appellant in writ
ing. al least five days before the hearing
| or they VIII not be regarded and when
| so noted, It shalt be the duty of the al pellant
! TO present ana file at the hearing of tine cause
! such additional record, certificate or other
matter, If such there be, to remove Or answer
| the objection or exception so taken; other
| wise such objection or exception, if well
| taken, snail prev All
RULE XVI.
| SUGGESTION OF DEATH OF PARTY.
Upon the death or other disability of
| party, pending an appeal, his representative
| In writing, on the part of such representative
| or of any party on the record. Upon the
entry of such suggestion an order OF substi-
! tuition shall De made, and the cause shall pro-
cesd as in other cases.
RULE XVII.
CALENDAR.
| Criminal 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 XVIII.
PRINTING OF POINTS, ETC.
! In all cases where q paper or document is
! required by these rules to be printed il shall
! be printed upon similar paper and in the
same style and form except the numbering of
! tue fOllos in the margin) as is prescribed for
| the printing OF transcripts.
RULE XIX.
ORAL ARGUMENT.
mo more than one counsel on side viii be
heard upon the argument, except in peculiar
| and important cases; but each defendant
! who has appeared separately in the court be-
! low may be heard through his own counsel
/ The counsel Of each party 10 a case appealed
shall be allowed only one hour, unless an ex-
/ tension of time be obtained from the court be-
fore the argument i commenced, and in an
I original proceeding such time as shall be fixed
/ by the court before the commencement of the
/ argument.
RULE Xxx.
VICE OF NOTICES.
H. 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.
HEARING OF MOTIONS AND OTHER APPI.ICA-
TIoNS.
! r.. For the purpose of hearing motions and
| other applications OF which notice is required
| to be given, each department will be IN ses-
! sion on the Ilrst Monuay Of each month at 10
RULE XXI.
I OPINION TRANSMITTED WITH REMiTTTTUE
( When judgment is reversed or modified
Ce.tiAed copy OF the opinion in the case shall
I be transmitted, with the remittitur, to the
! court below.
RULE XXI.
WITHDRAWAL OF TRANSCRIPTS, ETC.
! No paper shall be taken from the courtroom
{ or clerks Office, except by order OF the court
/ No order VIII be made for leave to withdraw
/ q transcript for examination except upon
/ leaving with the Clerk written receipt there
/ for.
RULE XIII
Costs
1 When causes ars placed upon the calendar
parties shall be primarily fable for costs. as
follows:
Eirst-If by the appellant, he shall first be
/ liable.
/ Second-If by the respondent, or by con-
sent, then bota parties.
/ Ia civil cases the clerk shall not be re-