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Adopted at the December Term thereof, A. D. 1869.


In all cases where an appeal is perfected, and the statement settled (if there be one) twenty days before the commencement of the next succeeding term of this Court, the Transcript of Record shall be filed on or before the first day of such term.


If the Transcript of the Record is not filed within the time prescribed, the appeal may be dismissed, on motion, upon satisfactory evidence of such omission.

A cause so dismissed may be restored during the same term, upon good cause shown, on notice to the respondent.


On such motion to dismiss the appeal, there shall be presented the certificate of the clerk below, under the seal of the Court, certifying the amount or character of the judgment or order appealed from; the date of its rendition; the fact and date of the filing of the notice of appeal; the fact and date of filing the undertaking on appeal; the fact and time of settlement of the statement, if there be one; and also that the appellant has received a duly certified transcript, or that such transcript has not been requested by appellant; or, if requested, that appellant has not paid the fees therefor, if such payment have been demanded.


All Transcripts of Records hereafter sent to this Court shall be on paper of uniform size, according to a sample to be furnished by the clerk of this Court, with a blank margin one and a half inches wide, at the top, bottom, and side of each page, and all pleadings, proceedings, and evidence shall be chronologically ar ranged, and the pages of the transcript shall be numbered, and but one side of the leaves shall be written upon.


Each Transcript shall be prefaced with or have annexed an alphabetical index to its contents, specifying the page of each separate paper, order, or proeceding, and of the testimony of each witness, and shall have blank or fly sheet covers.


The Transcript shall be fastened together on the left side of the pages, so that the same may be secured and every part conveniently read.


The Transcript shall be written in a fair legible hand, and each paper or order shall be separately inserted...


The party filing the Transcript may, if he so desire, have the same printed, but the expense of printing shall not be allowed or taxed as costs.


No Transcript which fails to conform to the requirements of these rules shall be filed by the Clerk.


The Transcript, on appeal from a final judgment, shall contain copies of the notice of appeal; the undertaking or undertakings executed by appellant on the appeal; the pleadings on which are formed the issues tried in the cause; the statement, if there be one; and such other parts of the judgment roll as are necessary to present or explain the points ruled on, and no more.

On appeal from a judgment rendered on an appeal or from an order, the transcript shall contain copies of the notice of appeal; the undertaking or undertakings filed by appellant; the judgment or order appealed from and of the papers used on the hearing in

the court.


The appellant shall be charged with the duty of having the transcript per fected in accordance with the statute and the rules: - Provided, That if it shall appear to the satisfaction of the Court that the appellant has filed his praecipe in time with the clerk of the Court below, directing the preparation of the transcript, and specifying what portions of the record the same shall contain, then, in case the transcript shall be imperfect and shall not conform to the requirements of the praecipe, and sufficient reason for such non-conformity does not appear, the appeal shall not be dismissed, and on motion of the appellant, a rule shall be entered upon the clerk below to correct the transcript within such time as may be allowed by the Court.

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