The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1895-07-04

proved, and that the statement of facts
as prepared is the result of the fault of
the counsel for the opposite party, such
as his failure or refusal to agree to a
proper statement presented to him; the
costs of printing the statement, if order
ed, shall be taxed against the appellee,
or defendant in error, as the case may
be.
53a. If after the submission of the
cause the court find that the transcript
is not prepared as required by the rules,
and that it contains matter which should
not have been incorporated therein, the
court may lin their discretion decline
to proceed further with the case, until
the appellant or plaintiff in error presents
a copy of the transcript from which all for
| eign matters have been omitted, and the
court may in addition thereto require
that such copy shall be printed, and in
| case of the failure of such party to
comply with the courts order within a
| reasonable time, to be specified in such
order, the case shall be dismissed.
56. Gases, while under submission,
either on the merits of the appeal or on
motion, are no longer under the control
of the attorneys, and while so under sub
mission the clerk will not let the tran
scripts of such cases go out of his office,
except on the order of one of the justices
of the court. While not under submission,
either before submission or after decision,
the parties or their attorneys may, by
complying with rules 90 and GO, obtain
possession of the transcript Provided,
however, that when a case has been de-
cided upon the merits of the appeal, no
one, except the losing party or his attor-
ney, shall be allowed to take the iran
script out of the clerks Office until after
nrtu hnS
hearing, or until after the time for filing
such motion has expired.
GA. Where a court of civil appeals ad
iourns for the term within less than 10
days after the rendition of judgment, the
issuance of the mandate shall, unless
otherwise ordered, be withheld until the
expiration of said period; and if, within
that period, an application for rehearing
shall be presented to the clerk Of the court
at that place, the issuance of mandate
shall be further withheld to await the ac
ton of the court on said application.
65. Upon the rendering of the judg-
ment in THE court of civil appeals, as
we'll as upon the making of an order over
ruling the motion for a reheartng, the
clerk shall Immediately give notice by
postal card to the attorneys of the re-
spective parties of the disposition made of
lhC NhuSC VI VI LlOllOu, iuS lllc Gust
may be; for which service he shall tax the
usual fee as a part of the costs in the
case. But the mailing of sudh notices
shall not relieve the parties of the re-
sponsibility of taking notice of the DISPOSE
tion of the cause or motion, and the failure
to receive a notice so mailed shall be no
excuse for delay in taking such future
action as may be desired in reference to
the case, within the time prescribed by
tn statutes and rules.
66. Upon the presentation to him of an
application for a writ of error the clerk
of the court of civil appeals shall withhold
THE mandate until properly advised of the
disposition of the case by the supreme
court
The amended rules for the government
of the supreme court shall DE in force
from the day on which the act of the last
legislature, amendatory of article 1011b
of the Revised Statutes, approved May 6,
1895, shall take effect.
Rule 10 of supreme court rules and
rule GA of rules for the court of civil
appeals shall take effect Immediately.
All other of the amended and new rules
for the government of the courts of civil
appeals shall go into effect on the first
Monday in September next.
-o-
KILLED, BY LIGHTNING.
Fort Worth, July 1.-(Special)-News