RULE 30. Oral arguments.-When the brief of either party is filed, he shall give notice to the clerk of a desire to present oral arguments, if he so desires, in which case a day will be set for hearing such arguments, and the clerk will give notice of the time set. In case of no oral argument by appellant or plaintiff in error, he shall be allowed. three days after the filing of the adverse party's brief to file a reply. After the call of the docket on the third day of the term, cases will be taken for hearing when the briefs of both parties are filed, or in case appellee or defendant in error's brief is not filed, when the time for filing it under the rule has expired. RULE 31. Time allowed for oral arguments.-The time allowed for each oral argument shall be restricted to one hour on each side, unless otherwise specially permitted. RULE 32. Damages on dismissing appeals.-When appeals from decrees, judgments or orders for the recovery of money are dismissed by this court for want of prosecution, or for failing to file authenticated copies of records, as required by law, the court will award damages against the appellant, at ten per cent upon the amount recovered in the court below, if it be less than $100, and at five per cent upon the amount of such recovery if it equals or exceeds that sum. RULE 33. Rehearings.-Application for a rehearing of any case shall be made by petition to the court signed by counsel, briefly stating the grounds for a rehearing, and the authorities relied on in support thereof. When a rehearing is granted, the clerk shall at once give notice to the opposite party of the date when such rehearing was granted. RULE 34. Manner of applying for a rehearing.-The manner of applying for a rehearing shall be as follows: Within fifteen days after a decision is announced a party applying for a rehearing shall give actual notice in writing to the opposite party, or his attorney, of his intention to make such application, and shall also, within the same time, file a copy of such notice with the clerk of the Rules of Practice. court, and within thirty days after the decision is announced shall place on file in the clerk's office five printed copies of his petitions. Petitions for rehearing will be entertained in that class of cases only in which the decision of this court can not be reviewed by the Supreme Court, unless this court, in the exercise of its discretion, shall, in exceptional cases, determine to the contrary. When, in any case, a rehearing is granted, it shall be placed for hearing at the foot of the docket. The petition for rehearing shall stand as the printed arguments, on the hearing of the party in whose favor it is granted. The opposite party shall, in all such cases, have ten days from the time of granting the rehearing to reply to the petition, and the petitioner shall have five days thereafter to file his reply thereto. RULE 35. Supersedeas on re-argument.-Any two of the justices of this court may, in vacation, issue an order which shall operate as a supersedeas in any case which has been submitted to this court for hearing and judgment, whenever a re-argument of the same shall, in their opinion, be advisable. RULE 36. Decision in vacation-Rehearing. Where a decision in any case is rendered in vacation, and a petition for rehearing shall be presented to either of the justices of this court, if he shall certify that there are probable grounds for granting a rehearing, all further proceedings, authorized by the judgment of this court, shall be stayed until the next term thereof. APPEALS AND WRITS OF ERROR. RULE 37. Practice-Applications in vacation and in term time. In all cases where an application is made in vacation for an appeal from this court to the Supreme Court, the party making such application shall present to one of the judges of this court a brief statement in writing, giving the title of the cause, the nature and amount of the judgment, order or decree from which the appeal is desired, the date of the rendition of such judgment, order or decree, and the name of the security proposed, accom VOL. XCII 43 panied with an affidavit showing the solvency and sufficiency of the security so proposed. When the application is made to the court in term time the same statement and affidavit will be required. EXECUTIONS-PROCEDENDOS. RULE 38. When to issue.-Executions may issue from this court on judgments affirmed, or a writ of procedendo shall issue upon the payment of costs made in this court by the successful party. ANALYTICAL INDEX. A ADMISSIONS-Of agents, when a part of the res gestae.. ABATEMENT-Construction of the act in relation to the abate- ment of suits...... Pleading an extension of time in.. ACCEPTANCE-Of a bond, when to be presumed.. ACCOUNT-The form of action rarely used.... At common law and under the statute.. ADJOINING PROPRIETORS-Right of lateral support.... ADMINISTRATION OF ESTATES-Power of an executor to charge the effects of the estate.. Right of the administrator to represent his estate. ADMINISTRATOR-Legal right to represent his estate.... Of officers of corporations.... 588 608 514 46 46 69 592 456 456 577 577 Evidence of parties on former trials. 232 Statements of account..... 624 AGENTS-When not to act for both parties........... 145 ALDERMEN-Contesting election of, in courts of law. 495 AMENDMENTS-Of complaints for the violation of ordinances... 474 APPEALS-The right exists solely by virtue of the statute.. From justices-Jurisdiction of the Circuit Court upon. Where no question is presented by the record which can be APPEAL BONDS-Computation of time for filing. APPEARANCE-Effect of, when entered by attorneys.. Where the regularity of an appearance can not be questioned 41 226 149 271 271 APPELLATE COURT PRACTICE-Records to be made in the trial court.. 464 Objections not made before the master can not be made in this Province of the court to determine the preponderance of the 541 373 Waiver of causes not specified in the motion for a new trial... 145 Proof of the service of a notice of..... When the directors of a mutual insurance company fail to act B BANKS AND BANKING-When a wrongful refusal to pay a 162 355 355 355 1 342 BANK CHECKS-When they are due-Limitations.. Effect of a certification.... Rights of the holder when certified. 612 120 120 120 BENEFICIARY ASSOCIATIONS—Authority to make assessments 355 Effect of a failure to pay an assessment...... 355 Laws under which they are incorporated a part of the contract 595 Unconstitutional by-laws. 595 No power to restrict the right to change the beneficiary. 595 355 1 |