Page:Hardin's Reports of Kentucky Court of Appeals, 1805-1808.djvu/21



SPRING TERM, 1810

RDERED, That the following be the rules of this court, in lieu of the various rules heretofore made, except those which relate to the fees of the clerk.

MOTIONS.

1. Motions may be made immediately after the orders of the preceding day are read, and the opinions of the court delivered in; but at no other time, unless in cases of necessity, or in relation to a cause when called in course.

2. They are to be made by the attornies, in the following order: First, by the attorney-general; next, by the eldest practitioner at the bar; and so on, in regular succession, to the youngest. But no attorney to make a second motion, until each has had an opportunity of making his motion.

3. Affidavits must be used when a motion is bottomed upon a matter of fact, which, according to the practice of the court, should be sworn to.

SUPERSEDEAS.

4. No supersedeas will be granted, unless the transcript of the record on which the application is made, be complete, and so certified by the clerk.

5. When a writ of error shall have been made a supersedeas, the clerk shall issue a certificate, in substance, as follows:

Clerks Office of the Court of Appeals.

I do hereby certify, that a writ of error hath issued from this office, for the reversal of a judgment obtained by A. against B. in the ——— court of ——— at their ——— term ——— 18— in a certain action of ——— for ——— which writ of error is to operate as a supersedeas, and as such is to be obeyed. Given