JUDGES AND OFFICERS OF THE SUPREME COURT OF GEORGIA, WITH THEIR TERMS OF OFFICE, and places OF RESIDENCE.

The Hon. JOSEPH HENRY LUMPKIN, Athens, Georgia, elected for

years.

JAMES M. KELLY, Esq., Perry, Ga., Reporter, elected by the Judges for 6

years.

ROBERT E. MARTIN, Esq., Milledgeville, Ga., Clerk, appointed by the court

for 6 years.

The court have adopted the following rules:

RULES OF THE SUPREME COURT.

RULE I.

All attorneys who have been admitted to practice in the Superior Courts of this State, may be admitted to practice in the Supreme Court, on application: provided they shall exhibit to the Court satisfactory proof of good private and professional character, and pay to the Clerk of the Supreme Court the usual fee of five dollars, who shall issue to each applicant a license under the seal of the Court, upon each applicant taking and subscribing the following oath: I do solemn

ly swear, (or affirm, as the case may be,) that I will demean myself as attorney or counsellor of this Court uprightly and according to law; and that I will support the Constitution of the State of Georgia and the Constitution of the United States.

RULE II.

The written recommendation of any one or more respectable members of the bar, certifying to the good private and professional character of an applicant for admission, shall be sufficient evidence of character, and will in all cases be required.

RULE III.

Any attorney from other States or Territories shall be admitted to plead and practice in this Court, who will produce satisfactory proof that he has been regularly licensed in the highest judicial tribunal of such State or Territory, and is at the date of his application a practicing attorney of the same.

RULE IV.

A brief of the oral, and a copy of the written evidence adduced in the Court below, shall be embodied in the bill of exceptions, and shall constitute a part of the same.

Every motion for any rule, order or judgment, shall be submitted to the court in writing by the counsel who makes it, and if granted, shall be handed to the Clerk.

RULE VI.

No paper belonging to the Clerk's office shall be taken therefrom without leave of the court; and when such leave is granted, the party receiving papers shall receipt to the Clerk for the same.

All cases returned to this court shall be entered on the Bench docket and numbered, on or before the court meets on the first day of the term to which they are respectively returned, and the cases first received by the Clerk shall be first entered.

RULE VIII.

The Clerk shall furnish a transcript of the Bench docket for the use of the bar; and the Bench docket shall not be subject to inspection during the sessions of the court.

RULE IX.

All cases entered on the Bench docket shall be called and tried in the order in which they are there entered. It shall, however, be competent for the court, upon special cause shown, to set down a case for hearing out of its regular order.

RULE X.

The attorney who makes out and tenders the bill of exceptions, shall sign his name to the same, and shall be, with the counsel representing the case before this court, bound for costs.

RULE XI.

When cases are called for hearing, and there is no appearance by the plaintiff in error, the defendant may have the plaintiff called, and move the court to dismiss the writ; or may open the record and pray for affirmance of the judgment; and in case the writ is dismissed, or the judgment affirmed, the plaintiff in error shall pay the cost; and should the defendant fail to appear, then the plaintiff shall be entitled to have him called, and open the record, and pray for a reversal of the judgment.

RULE XII.

Upon the reversal of any judgment, order or decree of the Superior Courts, the party in whose favor the reversal is had, shall be entitled to collect in the court below all the costs which have accrued in the cause.

on the Clerk of this court producing satisfactory evidence by affidahe acknowledgment of the parties, their sureties or attorneys, of

having served a copy of the bill of costs due by them in this court, on such parties, sureties or attorneys, an attachment may issue against such parties, sureties, and attorneys, to compel payment of costs.

RULE XIV.

The counsel for the plaintiff in error shall furnish each of the Judges and the Reporter with a copy of the bill of exceptions and a note of the points or questions intended to be made, and a statement of the facts in the cause, which shall be submitted to each of the Judges and the Reporter, at or before the first day of the term to which the cause is returned, with a list of the authorities expected to be relied on. No agreement or admission between the parties, or their attorneys, shall be binding, unless the evidence thereof shall be in writing, subscribed by the party or his attorney, against whom the same shall be alleged.

RULE XV.

Only two counsel shall be permitted to argue for each party, plaintiff and defendant, in a cause; and the counsel for plaintiff in error shall begin and conclude, reading all the authorities upon which he expects to rely, in his opening argument; and in all special matters springing out of a cause at issue, or otherwise, the actor or party submitting a point to the court shall begin and conclude; and no cause shall be argued by brief alone.

RULE XVI.

The remittitur shall contain a copy of the judgment of the court annexed to the bill of exceptions, and a transcript of the record of the proceedings below as brought into this court under the seal of this court, and signed by the Clerk and the same shall be delivered to the party in whose favor the decision shall be made, on the payment of fees, by whom it shall, together with the bill of cost, be transmitted to the court below.

RULE XVII.

Whenever, pending a cause in this court, either party shall die, the proper representatives of such party may voluntarily come in and be admitted parties to the suit upon motion; and thereupon the cause shall be heard and determined as in other cases; and if, on or before the first term succeeding the decease of a party dying, there shall be no representation of his estate, or if represented, parties shall not be thus voluntarily made, then and in either of said events, the other party may at that term suggest the death on the record, and thereupon, on motion, obtain an order that unless such representation be had, and parties made thus voluntarily, as herein before authorized, on or before the second day of the term then next succeeding, the party moving such order, if defendant, shall be entitled to have the writ of error dismissed, and if the plaintiff, he shall be entitled to open the record, and proceed to a hearing: provided, that a copy of every such order shall be published in one of the gazettes at the Seat of Government, three successive weeks, at least sixty days before the said last-named term of the court, or served on the adverse party thirty days before the first day of said term.

RULE XVIII.

No cause shall be heard until a complete record shall be filed, containing in itself, without references aliunde, all the papers, exhibits, depositions, and other proceedings which are necessary to the hearing in this court; and all objections to the completeness of the record shall be made in writing, and verified by affidavit, on or before the third day of the term to which the cause is returned; and in all cases where such exceptions are filed, the cause shall be considered as returned to the next succeeding term, and the court shall on motion award a writ of Certiorari, directed to the court below, for the purpose of causing to be sent up the entire record, which writ shall be so served by the party or his attorney moving the same, and shall be returned to the next term after it is awarded: provided, that nothing herein contained shall prevent this court from awarding a process of contempt against any officer, in any case, where he may be considered as in default.

RULE XIX.

In all cases where a bill of exceptions has been certified and signed, a writ of error shall be made out by counsel for the plaintiff in error to this court, which shall be directed to the Judge of the Superior Court, so certifying and signing, together with a citation to the defendant in error to appear and answer.

RULE XX.

Such writs of error shall issue in the name of the Governor of the State, shall bear test in the name of the Judges of this court, shall be signed by the Clerk, and sealed with the seal of this court, and shall be returnable to the next succeeding term, and the citation shall bear test in the name of the judges of this court, shall be signed by the Clerk, and sealed with its seal.

RULE XXI.

The writs of error, with the citations thereto annexed, shall be filed with the Clerk of the Superior Court, at the time of tendering the bill of exceptions, copies of which made out by counsel of the plaintiff in error, shall be served on the defendant in error, or his counsel, by the sheriff of the county, or by counsel for plaintiff in error, within ten days from the signing and certifying of the bill of exception; and an entry of the same shall be made on the original writ by the counsel or sheriff who makes it officially; and it shall be the duty of the Clerk of court wherein such bill is signed and certified, to send up to this court, with the record of the cause, such original writ and citation, duly by them certified to be the originals filed in this office.

RULE XXII.

It shall be the duty of the Clerk of this court to keep on hand for the use of the bar, blank writs of error and citations, according to the form adopted by this court, duly by him signed and sealed, to be furnished to the bar, on application therefor.

RULE XXIII.

The plaintiff in error shall, on or before the first day of the term to which the writ of error is returned, or immediately upon the filing of the record thereafter, file in the Clerk's office of this court an assignment of errors; and the defendant in error shall, on or before the second day of that term, or within twenty-four hours after the assignment is filed, make out and file in office a traverse of such assignment; and upon failure of plaintiff to file his assignment as herein required, the defendant shall, upon motion, be entitled to have the writ dismissed; and should the defendant, as herein required, fail to file his traverse, then the plaintiff shall be entitled to proceed ex parte with his cause; provided, that no error shall be assigned, except such as is expressed in the bill of exceptions.

Because in the Records and Proceedings, as also in the rendition of a judgment in a cause in the Superior Court of and

county, before you, between

a manifest error is charged to have been committed to the damage of the said as by complaint and Bill of Exceptions by you signed and certified appears, and we being willing that the error complained of, if any hath been, should be duly corrected, and full and speedy justice be done to the parties aforesaid in this behalf, do command you if judgment in said cause as complained of be given, that then under your seal distinctly and openly you cause to be sent the records and proceedings aforesaid, with all things concerning the same, to the Supreme Court of the State of Georgia, together with this writ, so that you have the same at next in the said court, to be then and there held, that the records and proceedings aforesaid being inspected, the said court may cause further to be done therein to correct that error, what of right and according to law should be done.

on the

day

WITNESS, The Honorable JOSEPH H. LUMPKIN, HIRAM WARNER and EUGENIUS A. NISBET, judges of the Supreme Court of the State of Georgia, this

{L.S.}

day of

184.

R. E. MARTIN, Clerk.

RULE XXV.

The following shall be the form of

STATE OF GEORGIA :

To

WRITS OF CITATION:

GREETING:

You are hereby cited and admonished to be and appear at a Supreme Court to be held at

the

day of

next pursuant to a Writ of Error filed in the Clerk's office of the Superior Court of the county of is Plaintiff, and you are Defendant in Error, to show cause, if any there be, why the judgment in said Writ

in said State, wherein