ART. 5.] BRIEFS—PRINTED ARGUMENTS. 35

nothing herein contained shall be taken to prevent the appellee
from having the appeal dismissed, or the judgment, order or

decree affirmed, under rule of court, for failure on the part of the
appellant to have the appeal ready for argument

Rule 25.

48. All briefs in civil causes preparatory to the argument of

such causes, as required by the rule of court, shall be filed with

the clerk in manuscript; and the clerk shall furnish the requisite
number of printed copies thereof, at the rate of cost provided in
the preceding section; and the amount of such cost shall be paid,

or secured to be paid, by the party required to furnish such
briefs, at the time of delivery thereof, to the clerk, and before

argument; and any party failing to comply with this section
shall be considered in default under the rules of court, for not

furnishing briefs as thereby required.

Rule 26.

49. Either party may file written or printed arguments in any

cause pending in the court of appeals, but the cost of such
arguments shall not be taxed as part of the cost of the cause.

A sufficient number of printed copies of the argument shall be
furnished for the court, the counsel concerned, the reporter and
the clerk. If the party filing the argument think proper, he
may have the printing done on the best terms he can make;
provided it be in good, clear, readable type; but if the clerk of
the court of appeals be required to have the argument printed,
he shall be entitled to charge therefor at the rate prescribed in

section 47, and be entitled to receive the amount of the cost upon
his being ready to deliver the printed copies of the argument to
the court. But in no case shall a brief or argument be received,

either through the clerk or otherwise, after the cause has been
argued or submitted, unless it be upon special leave granted
in open court, after notice to opposing counsel.

1862, ch. 122.

50. The court of appeals shall, upon the application of any
appellant or appellee in any case there depending, and on proper

cause shown to said court, for that purpose, have power to order