for the several pleadings, processes and orders in the suit; for the depositions and testimony of each witness by name, and not by general reference to the testimony; for the note of evidence, and for each document, giving the latter its correct title, or some sufficient designation, showing its nature and character, and not merely by the letters, marks or figures endorsed thereon.

Seventh. Provided, that when records of other suits are included in the transcript, as indicated above in the third requirement, a like index to each of such records is to follow the general index and be mentioned therein.

Eighth. Upon the cover of the transcript of appeal the clerk of the Court of first instance must inscribe the correct title and number of the case, with the designation of the lower Court, the name of the judge who tried the case, and the names of the counsel representing the respective parties.

2. Any neglect or omission to observe this rule strictly will subject clerks to the cost of repairing such neglect or omission.

3. Parties in interest prosecuting subsequent appeals will be permitted, upon application to this Court, to use transcripts in previous appeals when such appeals are branches of the same case, omitting from their copy the portions included in preceding transcripts.

RULE II.-Costs.

1. The party applying for the filing of a transcript of the record in this Court must first tender to the clerk his bond with satisfactory security in the sum of fifty dollars, for the payment of such fees as may accrue to the clerk, or deposit with the latter, in place of such bond, the sum of twenty dollars.

2. The clerk is authorized to require from the applicant, previous to docketing, numbering and filing any motion or proceeding in a civil case, a bond or deposit, in compliance with Sec. 1 of this rule; provided that, in cases of motions to extend the time for filing transcripts, it will be sufficient for the party in question to deposit an amount to meet the attending costs thereof.

3. The clerk is authorized to charge a fee of ten cents for filing each document or brief in a civil case, and for filing and docketing petitions for mandamus and the like, the same fees allowed by the law for filing and docketing transcripts of appeal..

4. In all cases wherein bonds for costs may be given, the clerk shall be entitled to demand the payment of his costs every sixty

days. In case of non-payment, the clerk shall have the right to refuse further proceedings in the case.

5. No attorney will be accepted as security for costs.

RULE III.-Docketing.

1. Cases will be docketed in the order of filing.

2. No motion or proceeding will be entertained by the Court unless previously filed, numbered and docketed by the clerk.

3. Motions for extension of time to file transcripts must be supported by affidavit of the clerk of the lower court, or of counsel, or of the mover. Such affidavit must state specifically the causes which prevented the completion of the transcript, within the legal delay.

RULE IV.-Withdrawal of Transcripts.

1. For the three days allowed by law within which motions to dismiss may be filed, counsel for appellee may withdraw the transcript. At all times, with the exception provided for by Sec. 3 of this rule, it shall be permissible for counsel of record to withdraw the transcript.

2. Transcripts shall, in all cases, be receipted for on withdrawal. They will be returnable to the clerk's office within a reasonable time, and must be returned on the requisition of the clerk.

3. No transcript shall be withdrawn from the clerk's office after a cause has been submitted, or after final decree therein made has become executory.

4. Whenever the transcript of appeal which has been filed in the clerk's office of this Court is lost, mislaid, or has been removed from that office, either party to said appeal may supply its place by another transcript, which shall be considered as filed of the same date as the filing of the lost, mislaid or removed transcript; and any cause in which said substituted transcript shall be filed, will be heard in its regular place on the calendar, notwithstanding the absence of the transcript filed in this Court.

RULE V.-Court Week.

Court will be held to hear causes every day, legal holidays excepted, of each alternate week of the session.

RULE VI.-Assignment of Cases for Hearing.

1. Cases shall be fixed for hearing by the clerk in his office, and shall be posted on Monday at the court-room door. This posting shall be notice to all parties.

2. Cases entitled to preference shall be fixed on motion of counsel, and opposing counsel shall be notified by the clerk.

3. All cases on the docket which have not been submitted to the Court, after having been twice duly fixed for hearing, shall be removed from the trial docket and placed upon a docket to be called the Delay Docket, and shall not be again put upon the trial docket, except on motion and leave granted thereon.

RULE VII.-Briefs.

1. Within seven days after any cause has been set for hearing the appellant must file with the clerk a printed brief, or an abridgment by his counsel, of the points and authorities upon which appellant depends. When it is required for an understanding of the cause, this brief must begin with a concise statement of the petition and answer, and of the other pleadings. The brief must furnish such a statement of facts, accurately so verified by references to the transcript, as may be required for examination of the cause by the Court. The brief must, in addition, cite the law on which the appellant relies. Subject to observance of these requirements the appellant may file with the clerk a printed argument instead of a brief.

Whether the appellant makes presentation of his case by printed brief or by argument, as already provided, the same must be pre ceded by a succinct syllabus, indicating the chief points and authorities.

2. Appellee shall, within fourteen days after the fixing of the case, file a brief of points and authorities, or a printed argument, embodying the requirements above set forth in regard to the appellant.

3. Ten copies of the brief or argument shall be furnished and filed with the clerk; one for each counsel, one to be attached to the transcript, one for the official reporter and the remainder for the use of the Court.

4. The appellant shall have the right of replying to the statements of the appellee, without being entitled to any delay for the purpose. 5. No cause shall be heard unless one of the parties has complied

with the foregoing sections of this rule, and if neither party has so complied the case shall, on objection to hearing, be continued and go to the foot of the docket. It is made the duty of the clerk to inform the court on this point when a case is called.

6. Counsel who have complied with this rule may either argue or submit the cause, and may object to oral argument by opposing counsel who have not complied with the rule; or, the Court of its own motion, may enforce this section.

case,

7. No delays will be granted to file briefs after the submission of a but parties are at liberty, after such submission, to file briefs or arguments, upon certifying that copies of the same have been served on opposing parties, with the date of such service.

8. The clerk shall receive no brief or argument in a cause after it is submitted, unless accompanied by the certificate required by the seventh section of this rule.

9. All briefs or arguments must show, at least on the cover, on whose behalf the same are presented, and mention the court from which the appeal is brought, and also the name of the presiding judge.

RULE VIII.-Arguments.

1. The original plaintiff in the lower court shall have the right of opening and closing the argument of the cause in this Court.

2. One hour will be allowed to counsel for each side, except where in special cases, on application made before the opening argument, the Court may otherwise order. The time not consumed by one counsel will be allowed to another on the same side.

3. Counsel who cite authorities which are not in the library of the Court are required to leave the same in the hands of the clerk for reference.

RULE IX.-Rehearings.

1. Applications for rehearing must be by petition filed within the legal delay, and must contain a statement of all the points and authorities on which the party founds his application. Additional time for elaborating the argumed on such points and authorities may be granted upon a proper showing if made before the delay expires.

2. When a petition for rehearing in any cause is filed, the clerk will immediately enter it in the docket kept for that purpose, and place the transcript with the decision therein rendered by this

Court, the petition and five copies, if filed, of the brief or argument in support of the petition, in the consultation room.

3. When a rehearing is granted, and the Court does not pass upon the case immediately, the cause may be immediately fixed for a particular day, or fixed with preference, as the Court may direct, in which last event printed briefs or arguments will be required.

4. Oral argument may be granted in such cases in the discretion of the Court, if applied for on motion made four days previous to that set for the hearing, and certified as having been served on opposing counsel.

5. The clerk will designate the cause on the docket as being upon rehearing, and also as a cause to be orally argued, if it has been so ordered.

6. Only one rehearing will be granted, unless matters are decided on the rehearing which had not been previously considered, and reservation is made by the Court for another application.

7. Applications for rehearing will be entertained only where the judgment already rendered disposes finally of the cause.

RULE X.-Motions to Dismiss.

1. Motions for dismissal of appeal shall be filed and fixed for trial by the clerk in his office. They shall be so fixed for the Monday of each court week, at least one week's previous notice being given by posting at the court-room door; but if not tried on the day for which they are thus fixed, they shall be continued to Monday of the next court week.

2. If, however, the case occupies such a position on the docket that it is evident the hearing of the motion to dismiss separately from the merits, and in due course, would cause vexatious and unnecessary delay, hearing of the motion will not be had until the case comes on to be heard on the merits.

3. Such motions shall set forth distinctly all the grounds relied on, and on their hearing shall be argued in printed briefs or arguments, which must conform in character and number to the requirements for a brief as stated in Rule VII.

RULE XI.-Motions, Instructions, etc.

1. All motions made in open Court, must be offered before regular business is begun, or after it has been closed.

2. No motion will be considered by the court unless it is in writ