RULE 8. In all cases in which a writ of error is made a supersedeas, the plaintiff in error shall, on filing the record with the clerk, at the same time order and direct a scire facias to issue to hear errors, and shall use reasonable diligence to have the same served twenty days before the first day of the term to which it is made returnable. On failing to do so, the defendant in error shall have the right to a hearing at the said term, after joining in error, without giving twenty days' notice as required by rule 7: Provided, if there be not twenty days between the allowance of the supersedeas and the sitting of the court the cause shall stand continued until the next term, unless, by consent of parties, it shall be otherwise ordered.

NOTICE TO PURCHASERS AND TERRE-TENANTS.

RULE 9. In all cases wherein guardians, executors or administrators, or others acting in a fiduciary character, have obtained an order or decree for the sale of lands in causes ex parte, and a sale has been had under such decree or order, and the same shall be brought to this court for review, the purchaser or terre-tenants of such lands, if known, shall be suggested to the court by affidavit of the plaintiff in error, and notice given them of the pendency of the writ of error twenty days before the first day of the term of the court to which the scire facias is returnable, so that they may appear and defend.

TIME FOR FILING RECORDS-HEARING DOCKET.

RULE 10. No case brought to this court by appeal or on error shall be placed on the court docket for hearing unless the record is filed on or before twenty days before the first day of the term, nor in cases brought by writ of error unless the scire facias shall have been served twenty days before the first day of the term, except in extraordinary cases the court, upon special application, may order a cause to be placed on the hearing docket.

ASSIGNMENT OF ERRORS.

RULE II. The appellant or plaintiff in error shall in all cases assign errors at the time of filing his record in this court, and on failing to do so the case may be dismissed or the judgment or decrec be affirmed; but other errors may be assigned after the filing

of the record, by leave of the court or of one of the justices. The appellee or defendant in error shall have the right to assign crosserrors, as allowed by the statute, within two days after the record is filed in this court, and not afterwards without special leave of the court or of one of the justices. The assignment of errors and cross-errors must be written upon or attached to the record.

INSPECTION OF ORIGINAL PAPERS.

RULE 12. Whenever, in the opinion of the presiding judge of any inferior court, an inspection of an original paper in an action on appeal or writ of error shall be important to a correct decision of the case, such judge may make such order for the transmission, safe keeping and return of such original paper as to him may seem proper. And the clerk of this court will receive such original paper in connection with the transcript, and hold the same subject to such order.

REMOVING RECORDS.

RULE 13. No person shall remove from the office of the clerk any record of this court, except upon special leave granted for that purpose. No record shall be taken from the files of the court except on application therefor to the clerk or his deputy, and it is made the duty of the clerk to report promptly to the court every violation of this rule. The clerk shall be held responsible for the safe keeping and production of the records: Provided, that in cases in which the appeal or writ of error is transferred to an Appellate Court because the same should have been taken to, or sued out of, that court, the clerk shall transmit the record, abstracts and briefs to such Appellate Court; and in all cases in which an appeal is dismissed, where the party shall still have the right to sue out of this court a writ of error, the clerk shall permit the party to use the transcript of the record as a return to a writ of error sued out of this court, and no special order shall be necessary for such purpose: And provided further, that where the original bill of exceptions or certificate of evidence shall be incorporated in the transcript of the record and the judgment or decree shall be reversed and the cause remanded for another trial or hearing, said original bill of exceptions or certificate of evidence may be withdrawn by either party desiring to use the same on another trial or hearing, and the clerk of this court, upon ap

plication therefor, will detach the same from the transcript, substituting therefor the receipt of the party to whom the same is delivered and a certified copy of any original document included in or annexed to such bill of exceptions or certificate of evidence as an exhibit.

ABSTRACTS.

RULE 14. In all cases the party bringing a cause into this court shall furnish a complete abstract or abridgment of the record, referring to the pages of the record by numerals on the margin. And where the record contains the evidence, it shall be condensed in narrative form in the abstract, so as to clearly and concisely present its substance. The abstract shall contain a complete index, alphabetically arranged, giving the page where each paper or exhibit may be found, with the names of the witnesses and the pages of the direct, cross and re-direct examination: Provided, that in cases brought from the Appellate Court the abstracts filed in such court under its rules may be filed here by changing the cover to conform to the rule, and filing therewith a printed abstract of the record of the Appellate Court and an index. The abstract must be sufficient to fully present every error and exception relied upon, and it will be taken to be accurate and sufficient for a full understanding of the questions presented for decision, unless the opposite party shall file a further abstract, making necessary corrections or additions. Such further abstract may be filed if the original abstract is incomplete or inaccurate in any substantial part.

BRIEFS.

RULE 15. Each party shall file a printed brief in the cause. The brief of appellant or plaintiff in error shall contain a short and clear statement of the case, including, first, the form of the action; second, the nature of the pleadings sufficiently to show what the issues were, and to present any question subject to review arising on such pleadings; third, in cases depending upon the evidence the leading facts which such evidence proved or tended to prove, without discussion or argument and without detail; fourth, how the issues were decided upon the trial or hearing, and what the judgment or decree was; and fifth, the error relied upon for a reversal. The statement so made will be taken to be accurate and

sufficient, unless the opposite party shall, in his brief, point out wherein it is inaccurate or insufficient. Following the statement of the case, the brief shall conclude with the points made and the authorities relied upon in support of them; and in citing cases, the names of the parties must be given, with the book and page where the case is reported. No alleged error or point not contained in such brief shall be raised afterwards, either by reply brief, or in oral or printed argument, or on petition for rehearing.

The brief of appellee or defendant in error shall contain a short and clear statement of the propositions by which counsel seek to meet the alleged errors and sustain the judgment or decree, or by which such errors are obviated. Counsel may also, in such statement, point out any insufficiency or inaccuracy in the statement of the opposite party, and supply or correct the same, and, in cases depending on the evidence, may state the leading facts or conclusions which the evidence proved or tended to prove, without discussion or argument and without detail. Such brief shall conclude with the points and authorities relied upon, in like manner as required in the briefs of appellant or plaintiff in error. All briefs shall be signed by counsel filing the same.

In all cases brought from the Appellate Court, the party bringing the case to this court shall file as an appendix to his brief the printed opinion of such Appellate Court in the cause, including the statement of facts, if any, prepared by that court.

The brief of any party may be followed by an argument in support of such brief, which shall be distinct therefrom but bound with the same. The argument shall be confined to discussion and elaboration of the points contained in the brief. Evidence shall not be copied at length in such argument, but it shall refer to the abstract for the same: Provided, that where it may be important to determine what questions were raised in the Appellate Court, certified copies of the briefs and arguments filed and used in that court may be filed in this court on motion and leave granted. Briefs filed in the Appellate Court will not be received for any other purpose.

PRINTING BRIEFS AND ABSTRACTS.

RULE 16. Abstracts and briefs shall be printed in a neat and workmanlike manner, with small pica type and leaded lines, upon

white paper 64 by 10 inches, as near as may be, bound in book or pamphlet form, with a suitable cover containing the title of the court and cause and the court from which the case is brought. The name of the trial judge entering the judgment, decree or order to be reviewed shall appear upon the cover of the abstract. Twelve copies of each abstract and brief shall be filed with the clerk of this court, one of which shall be for the use of the opposite party and one for the official reporter.

MOTIONS.

RULE 17. The clerk of this court will enter all motions of course, such as for hearing, taking the case under advisement and entering decisions. Special motions may be made immediately after the decisions of the court are announced, but at no other time, unless in case of necessity or in relation to a cause when called in course. They shall be in writing, and when based on matters which do not appear of record shall be supported by affidavit. They shall be filed with the clerk, together with the reasons in support thereof, at least one day before they shall be submitted to the court and at least one day before the cause stands for trial, except as above provided. Objections to motions must also be in writing, and oral arguments will not be heard: Provided, however, that before such motions are made, a copy thereof, together with the reasons and showing in support of the same, shall be served on counsel of the opposite party, unless such service shall be shown, by affidavit, to be impracticable.

TIME TO PLEAD.

RULE 18. In all cases in this court where the defendant in error or appellee desires to plead and not join in error, he shall file his plea in the office of the clerk not later than the first day of the term at which the cause stands for hearing, and the issue thereon must be made up before the day the cause is to be heard.

SECURITY FOR COSTS.

RULE 19. Upon filing an affidavit that any plaintiff in error is not a resident of this State, or insolvent, and that no bond for costs has been filed, a rule shall be entered against him, of which he shall take notice, to show cause why the writ shall not be dismissed.