shown, that an appeal has been taken merely for delay, the court may order the same to a hearing without reference to its place upon the calendar.

XX. Before the argument, both the appellant and respondent shall furnish to each other and to each of the justices of this court, a copy of his points and authorities; or either party may file one copy thereof with the clerk, who shall cause to be made the copies required for the use of the court, and may tax the same in his bill of costs.

XXI. No more than two counsel on a side will be heard upon the argument, except in peculiar and important cases; but each defendant who has appeared separately in the court below, may be heard through his own counsel. The counsel for the appellant shall be entitled to open and close the argument. Each counsel will be allowed one hour.

XXII. All opinions delivered by the court shall be recorded by the clerk, who shall, after recording the same, deliver the originals, with a transcript of the judgment, order or decree of the court thereon, to the reporter of this court. The clerk to be allowed compensation per folio as may be fixed by law for copies of the record, to be taxed as costs in such case.

XXIII. All motions for a re-hearing shall be upon petition, in writing, presented within ten days after any final judgment is rendered, or order made by the court; and no argument will be heard thereon. No mandate to the court below shall be issued until the expiration of the ten days herein provided, unless upon good cause shown, and upon notice to the other party.

XXIV. On the reversal of a judgment, a certified copy of the opinion in the case shall be transmitted to the court below.

XXV. No paper shall be taken from the supreme court room, or clerk's office, except by order of the court, or of one of the judges.

XXVI. A writ of error shall be issued by the clerk, upon the filing of an affidavit, by or on the part of the applicant, showing that there is a judgment to be reviewed, describing it, and also that there is a proper case for the issuing of the writ.

XXVII. Upon filing the writ and a sufficient bond with the clerk of the court below, and upon giving notice of the same, in writing, to the opposite party, or his attorney, and to the sheriff, the writ shall operate as a supersedeas. The bond shall be substantially the same as required in cases on appeal.

XXVIII. The writ of error shall be returnable, at the utmost, within thirty days.

XXIX. The rules and practice of this court respecting appeals, shall apply, so far as the same may be applicable, to proceedings under a writ of error.

XXX. The writ shall not be allowed, after the lapse of one year from the date of the judgment, order, or decree, which is sought to be reviewed.

XXXI. When causes are placed upon the calendar, parties shall be primarily liable for costs as follows:

1st. If by the appellant, he shall first be liable;

2d. If by the respondent, or by consent, then both parties.

In no civil case shall the clerk be required to remit the final papers until his costs are paid.

It is ordered that the foregoing be adopted, and all preceding rules abolished.

I, CHARLES S. FAIRFAX, clerk of the supreme court of the state of California, do certify the foregoing to be a true copy of the rules of the supreme court of the state of California, adopted December 2d, 1857, and in force on and after January 3d, 1858.

CHARLES S. FAIRFAX, Clerk.

RULE BY THE CLERK.

In future, no transcript of record from a lower court will be filed in the supreme court unless accompanied by thirty dollars in cash.

C. S. F.