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official discretion, but is merely ministerial,-as to enter a specific credit upon an account-and the officer refuses to do so, a mandamus will be ordered. R. & A. A. L. R. R. Co. v. The Treasurer, 68-502.

When a debt against a municipal corporation has been reduced to judgment in a court of competent jurisdiction, a peremptory mandamus may be properly applied for, although such judgment is dormant. Webb v. Com'rs of Beaufort, 70-307.

Where a plaintiff holds a debt against a county, contracted since the adoption of the Constitution, for the ordinary and necessary expenses of the county, and where the county has the means to pay the debt, such plaintiff is entitled to a peremptory mandamus, and it was error in the court to refuse it. Uzzell v. Com'rs of Franklin, 70--564.

A creditor of a county cannot be compelled, either by the legislature or by the board of commissioners, to "bond" his debt and wait five years for its ultimate satisfaction; such creditor is entitled to peremptory mandamus. Edwards v. Com'rs of Wilkes, 70–571.

The proper judgment in an action against a city or town, upon a recovery for necessary expenses is an alternative mandamus. Gas Light Co. v. City of Raleigh, 75-274.

A board of county commissioners in canvassing the votes cast in an election, have no right to go behind the returns sent up by the judges of election, from the respective townships of the county. Moore v. Jones, 76-182.

When a mandamus is granted to compel a re-canvass of election returns by a board of county commissioners, Held, not to be error to grant at the same time, an order restraining the perosns declared elected upon the first canvass, from exercising the duties of their offices. Moore v. Jones, 76-188.

One who seeks to compel induction to an office by mandamus, must show an affirmative right to the office. Worthy v. Barrett, 63-199. Mandamus is the proper remedy to compel a levy of taxes to pay the debt of a county. Pegram v. Com'rs of Cleaveland Co., 64–557 When a peremptory mandamus issues against a board of commissioners, and there is a change in the individual members of said board between its issue and service, those composing such board, when it is served, must obey it. Pegram v. Com'rs of Cleaveland, 64-557.

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Appeals will be docketed for their proper districts in the order in which the papers are filed with the clerk.

II.—Undertaking for costs of appeals.

The clerk will docket no appeal in a civil action, unless it appears that the appellant has filed in the court below an undertaking payable to the appellee, with suf ficient surety, and in a sufficient sum, for the payment of costs which may be adjudged against him in the court; or has made a deposit in lieu of such undertaking; or unless, by leave of this court here, he shall file such an undertaking, or make such deposit with the clerk here. This rule shall apply, notwithstanding an appeal bond shall have been waived by the appellee.

III.—Undertaking, when not required.

The preceding rule shall not apply: 1st, if the judge shall have allowed the appellant to appeal as a pauper, or 2d, where the State is the appellant in its own in

terest, or 3d, where an officer of the State is the appellant, in his capacity as such, and the interest of the State alone is concerned.

IV. When appeals may be entered.

Appeals from a county in which a court shall be held during a term of this court, if filed before the expration of the time assigned to the district, will be called during that that week; if not filed at that time, they will be called at the end of the docket.

V.-Districts, when called.

The judicial districts shall be arranged and assigned in the following order:

First week-First and second districts.
Second week-Fourth and fifth districts.
Third week-Third and seventh districts.
Fourth week-Eighth and ninth districts.
Fifth week-Tenth and eleventh districts.
Sixth week-Twelfth and sixth districts.

VI.-Order in which appeals are heard.

The cases from each district will be called in their proper order; if either party is not ready, the case may be put to the end of the district, by consent or for cause shown, and be called in that place; otherwise, the first call is peremptory. In like manner, by consent or for cause, a case may be put to the end of the docket, or continued. If no counsel appear for either party at the first call, the case will be put to the end of the district, and if none appear at the second call, it will be continued.

VII.-Appeal dismissed if not prosecuted.

Cases not prosecuted for two terins, will be dismissed at the costs of the appellant, unless continued for cause, with liberty, however, to either party to move at the next term, to reinstate it; or afterwards, upon sufficient

cause.

VIII.-Order of argument.

The appellant is entitled to open and conclude the argu

ment.

IX.-Appeals taken after commencement of term.

When an appeal shall be taken after the commencement of a term of this court, the judgment and teste of the execution shall have effect from the time of the filing of the appeal.

X.-Judgment docket.

The clerk of this court will keep a judgment docket, with an alphabetical index of the names of the defendants. On this docket he will enter a brief memorandum of every final judgment of this court affecting the right to real property, and of every judgment requiring, in whole or in part, the payment of money; stating the names of the parties, the term of the judgment, its number on the docket of the term, and if for the payment of money, the amount of the judgment; and when it shall appear from the return on an execution or from an order for an entry of satisfaction by this court, that the judgment has been satisfied in whole or in part, the clerk, at the request of any one interested in such entry, and on payment of the lawful fee, shall make a memorandum of such satisfaction, whether in whole or in part, and refer briefly to the evidence of it.

XI.-Executions.

Executions from this court may be directed to the proper officers of any county in the State; the manner of their teste is prescribed in Rule IX, preceding. At the request of the party in whose favor execution is, it may be returnable, on any specified day after the commencement of the term of this court next ensuing its teste. In the absence of such request, execution shall be made returnable on the first day of the term next ensuing their teste; and, on motion, for special cause, execution may be taken out during the term.

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XII.-Agreements of counsel.

The court will not regard any agreements alleged between attorneys or counsel, unless it be admitted, or shall be in writing and filed in this court.

XIII.--Pleadings.

Memoranda of pleadings will not be received in this court as pleadings, even by consent of counsel, but will be regarded as frivolous or impertinent.

XIV.-Scandalous or impertinent pleadings.

On motion of either party, or, in a gross cause, of its own motion, the court will refer it to the clerk, or to some member of the bar, to report whether pleadings in a canse are scandalous and impertinent; and if they be found so, the court will order the scandal or impertinence to be stricken out at the cost of the party.

XV.-Motion to dismiss.

A motion to dismiss an appeal for want of notice of appeal can only be made at or before the calling of the case. On the hearing of such motion, the notice must be shown, or be shown to have been waived. Notice will not be presumed merely because the appeal appears to have been taken during a term of the court.

XVI.-Application to rehear.

Any party, within two terms after a judgment of this court, may file application to have the cause re-heard upon any matter of law. To each petition shall be attached a certificate, signed by two counsellors of this court, who did not appear in the cause at its first hearing, stating their opinion that the judgment was erroneous. It must also appear shat the judgment has been performed, or that its performance has been properly secured; or some sufficient cause must be shown for dispensing with these conditions. Such petition must also assign the errors complained of.

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