Rules of Practice. III. When a writ of error shall be made a supersedeas, the clerk shall indorse upon said writ the following words: "This writ of error is made a supersedeas, and is to be obeyed accordingly," and he shall thereupon file the writ of error, with the transcript of the record, in his office. Said transcript shall be taken and considered as a due return to said writ, and thereupon it shall be the duty of the clerk to issue a certificate, in substance as follows, to-wit: STATE OF ILLINOIS, ss. OFFICE OF THE CLERK OF THE APPELLATE Į court of I do hereby certify that a writ of error has issued from this court for the reversal of a judgment obtained by -VS.in the term, A. D. 18-, in a certain action of which at the writ of error is made a supersedeas, and is to operate as a suspension of the execution of the judgment, and, as such, is to be obeyed by all concerned. Given under my hand and the seal of the Appellate Court of the Fourth District, at day of -- A. D. 18-. this IV. Clerk. Writs of error shall be directed to the clerk or keeper of the record of the court in which the judgment or decree complained of is entered, commanding him to certify a correct transcript of the record to this court; but where the plaintiff in error shall file in the office of the clerk of this court a transcript of the record duly certified to be full and complete, before a writ of error issues, it shall not be necessary to send such writ to the clerk of the inferior court, but such transcript shall be taken and considered as a due return to said writ. V. The process on writs of error shall be a scire facias to hear errors, issued on the application of the plaintiff in error to the clerk, directed to the sheriff or other officer of the proper county, commanding him to summon the defendant in error to appear in court, and show cause, if any he have, why the judgment or decre› mentioned in the writ of error shall not be reversed. If the scire facias be not returned executed, an alias and pluries may issue without an order of court. Rules of Practice. VI. The first day of each term shall be return day, for the return of process. And no party shall be compelled to answer or prepare for hearing, unless the scire facias shall have been served ten days before the return day thereof; nor shall a defendant be at liberty to enter his appearance, and compel the plaintiff to proceed with the cause, unless the defendant shall have given the plaintiff ten days' notice, before the term, of his intention to enter his appearance, and have the cause proceed to a hearing. VII. 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 ten days before the first day of the term to which the writ of error 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 ten days notice, as required by rule six: Provided, If there be not ten 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. VIII. RECORDS OF INFERIOR COURTS-HOW PREPARED. The clerks of the nisi prius, or trial courts, in cases of appeal and of error, or certiorari, in making up "an authenticated copy of the record of the judgment appealed from," or in sending up a transcript of the record to this court as a return to a writ of error or certiorari, shall certify to this court: First, a copy of the process; Second, the pleadings of the parties, respectively; Third, the verdict in jury trials; Fourth, the judgment of the court below, whether tried by the court or jury; Fifth, all orders in the same cause made by the court; Sixth, the bill of exceptions; and Seventh, the appeal bond in cases of appeal. And in no case shall the said clerk insert in such transcript any affi lavit, account, or other document or writing, or other matter, which have been held to constitute no part of the record of a cause. This rule shall not extend to appeals or writs of error in chancery causes. Rules of Practice. IX. The clerk of the court below shall arrange the several parts of the record aforesaid, according to their chronological order. The clerk of this court shall not tax as costs in this court any matter inserted in such transcript contrary to the rule. X. The party or his attorney may, by præcipe, indicate to the clerk, and direct what of the files of the cause shall be copied into the record; and in such case, if the record shall be insufficient, it shall be supplied at his costs, and, if unnecessarily voluminous, he shall pay the costs accrued on account of the copying of such unnecessary matters. XI. TIME FOR FILING RECORDS-HEARING DOCKET. No case brought to this court by appeal shall be placed on the court docket for hearing, unless the record is filed within the time now prescribed by law, or within the further time allowed by the court for the filing of the record, except in extraordinary cases, the court, upon special application, to be made on or before the second day of the term, may order a cause to be placed on the hearing docket. XII. No case which may be brought to this court on writ of error shall be placed on the court docket for hearing, unless the record shall be filed on or before the second day of the term, or within such further time as may be allowed by the court for filing the same, except in extraordinary cases, the court, upon special application to be made on or before the second day of the term, may order a cause to be placed upon the hearing docket. XIII. No person shall remove from the office of the clerk, any record of this court, except on 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 Rules of Practice. 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. Application for leave to remove records may be considered at any time in the discretion of the court. XIV. ASSIGNMENT OF ERRORS. 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; but other errors may be assigned after the filing of the record, by leave of the court. The appellee or defendant in error shall have the right to assign cross-errors within two days after the record is filed in this court, and not afterwards without special leave of the court. The assignment of errors and cross-errors must be written upon or attached to the record. XV. AGREED CASES. No judgment will be pronounced in any agreed case placed upon the records of this court, unless an affidavit shall be filed setting forth that the matters presented by the record were litigated in good faith, about a matter in actual controversy between the parties, and that the opinion of this court is not sought with any other design than to adjudicate and settle the law relative to the matter in actual controversy between the parties to the record. XVI. 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. XVII. All special motions shall be in writing and filed with the clerk, together with the reasons in support thereof, at least one day before they shall be submitted to the court. Objections to motions must also be in writing; oral arguments will not be heard. Rules of Practice. XVIII. When a motion is intended to be based on matters which do not appear by the record, the facts must be disclosed and supported by affidavit. XIX. Motions to vacate orders, affirming or reversing, judgments pro forma and of continuance, and taking causes on call of the docket, will not be considered by the court, unless reasonable notice, in writing, shall have been given to the opposite party or his attorney, of an intention to present such motions. XX. SECURITY FOR COSTS. Upon filing an affidavit that any plaintiff in error is not a resident of this State, 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. XXI. ABSTRACTS. In all cases the party bringing a cause into this court shall furnish a complete abstract or abridgement of the record therein, referring to the appropriate pages of the record by numerals on the margin, and shall cause such abstract to be printed, in a neat and workmanlike manner, with small pica type and leaded lines, on one side only, upon white foolscap paper, leaving a margin at least two inches in width on the left hand side of each sheet. Five copies of such printed abstract shall be filed in each case, one for each of the judges, one for the defendant in error or appellee, and one to be filed with the record. XXII. The defendant's counsel shall be permitted, if he is not satisfied with the abstract or abridgement furnished by the plaintiff's counsel, to furnish each of the justices of this court with such further abstracts as he shall deem necessary to a full understanding of the merits of the cause. |