RULE III.

If the transcript of the record be not filed within the time prescribed, the appeal may be dismissed on motion during the first week of the term without notice. A cause so dismissed may be restored during the same term, upon good cause shown, on notice to the opposite party, and unless so restored, the dismissal shall be final, and a bar to any other appeal in the

same case.

RULE I

On such motion there shall be presented the certificate of the Clerk below, under the seal of the Court, certifying the amount or character of the judgment, the date of its rendition, the fact and date of the filing of the notice of appeal, together with the fact and date of service thereof on the adverse party, and the character of the evidence by which said service appears, the fact and date of the filing the undertaking on appeal, and that the same is in due form, the fact and time of the settlement of the statement, if there be one; and, also, that the appellant has received a duly certified transcript, or that he has not requested the Clerk to certify to a correct transcript of the record, or if he has made such request, that he has not paid the fees therefor, if the same have been demanded.

RULE V.

All transcripts of records in civil cases hereafter sent to this Court shall be printed on unruled white writing paper, ten inches long by seven inches wide, with a margin on the outer edge of not less than two inches wide. The printed page, exclusive of any marginal note or reference, shall be seven inches long and three and one half inches wide. The folios, embracing ten lines each, shall be numbered from the commencement to the end, and the numbering of the folio shall be printed on the left margin of the page. Small pica solid is the smallest letter and most compact mode of composition allowed.

RULE VI.

The pleadings, proceedings, and statement, shall be chronologically arranged in the transcript, and each transcript shall be prefaced with an alphabetical index to its contents, specifying the folio of each separate paper, order, or proceeding, and of the testimony of each witness, and the transcript shall have at least one blank fly-sheet cover.

RULE VII.

Whenever a map or survey forms part of the transcript, it shall not be necessary to furnish more than one copy thereof, which shall be annexed to the transcript filed with and certified by the Clerk - reference thereto may be made in the other copies.

RULE VIII.

No transcript, or other paper or document required to be printed, which fails to conform to the requirements of these rules, shall be filed by the Clerk.

RULE IX.

The printed transcript, duly certified to be correct by the attorneys of the parties plaintiff and defendant, or by the Clerk of the Court from which the appeal is taken, shall be filed in this Court, and the party filing the same shall, at the same time, deposit with the Clerk of this Court seven copies thereof, for the use of the Court, the Reporter, and State Library. When printed by the party, he shall, at or before the time of filing the same, and when printed by the Clerk, as soon as practicable after printed, serve a printed copy thereof on the attorney of the adverse party and if there be more than one adverse party, appearing by different attorneys, on the attorney of each party so appearing. If a party shall present to the attorney of the adverse party a transcript on appeal, and request his certificate that the same is correct, and said attorney, upon such request, shall, for a period of five days, neglect

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or refuse to join in such certificate, or, if deemed incorrect, shall neglect or refuse, for the same time, to serve upon the party making the request a written statement of the particulars 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 join in such certificate, the costs of procuring the certificate to such transcript of the Clerk of the Court from which the appeal is taken shall be taxed against the party whose attorney so neglects or refuses.

RULE X.

The party filing the transcript may, at his option, print the same, or transmit to the Clerk of this Court the written transcript, authenticated in the mode prescribed by Rule IX, together with sufficient funds to pay the expenses of printing. The Clerk, upon the receipt thereof, shall cause the transcript to be printed, and to a printed copy shall annex his certificate that the said printed transcript is a full and correct copy of the transcript furnished to him by the party, and said certificate shall be prima facie evidence that the same is correct. The said printed copy so certified shall be filed, and constitute the record of the cause in this Court. Printed copies thereof shall be furnished for each of the Justices of this Court, the Reporter, the State Library, and the attorneys of the adverse party, as required by Rule IX.

BULE XI.

The expense of printing transcripts on appeal, and pleadings, affidavits, 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 costs in the usual mode.

RULE XII.

For the purpose of correcting any error or defect in the transcript from the Court below, either party may suggest the

same in writing, and upon good cause shown, obtain an order that the proper Clerk certify to this Court the whole or part of the record, as may be required. If the attorney or counsel of the adverse party be absent, or the fact of the alleged error or defect be disputed, the suggestion must be accompanied by an affidavit showing the existence of the error or defect alleged.

RULE XIII.

Exceptions to the transcript, statement, the bond, or undertaking on appeal, the notice of appeal, or to its service, or proof of service, or any technical objection to the record affecting the right of the appellant to be heard on the points of error assigned, must be taken at the first term after the transcript is filed, and must be noted in writing, and filed at least one day before the argument, or they will not be regarded. In such case the objection must be presented to the Court before the argument on the merits.

RULE XIV.

Upon the death or other disability of a party pending in appeal, his representative shall be substituted in the suit, by suggestion in writing, to the Court, on the part of such representative, or of any party on the record. Upon the entry of such suggestions an order of substitution shall be made, and the cause shall proceed as in other cases.

RULE XV.

The calendar of each term shall consist only of those causes in which the transcript shall have been filed and served on the attorneys of the adverse party five days before the commencement of the term, unless by written consent of the parties; provided, that all cases in which the appeal is perfected and the statement settled, as provided in Rule II, and the transcript is not filed and served five days before the first day of the term, may be placed on the calendar on motion of the respondent, upon the filing of the transcript.

RULE XVI.

Causes from the same Judicial District shall be placed together, and all the causes shall be set on the calendar in the order of the several districts, commencing with the first, except that the calendar shall end with the Sacramento causes, preceded by those of San Francisco- and except, also, that causes in which the people of the State are a party, shall be placed at the head of the calendar.

RULE XVII.

In civil cases, at least one day before the argument, both 'the appellant and respondent shall furnish to each other a printed copy of his points and authorities, and at or before the commencement of the argument shall deposit with the Clerk one printed copy for each of the Justices of this Court, one to be filed with the record of the case, one for the Reporter, and one for the State Library.

RULE XVIII.

In all civil cases, when briefs or arguments are filed, the same shall be printed, and one copy shall be filed in the case, and seven copies for the use of the Court, Reporter, and State Library, shall at the same time be deposited with the Clerk, and a copy shall be served on the attorney of the adverse party.

BULE XIX.

In all cases where a paper or document is required by these rules to be printed, it shall be printed upon similar paper, and in the same style and form (except the numbering of the folios in the margin) as is prescribed for the printing of transcripts.

BULE XX.

upon

the

No more than two counsel on a side will be heard argument, except in peculiar and important cases; but each