236 APPEALS AND ERRORS. [ART. 5

section shall be considered in default under the rules of court,
for not furnishing briefs as thereby required.

1888, art. 5, sec. 49. Rule 26.

51. 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 costs 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 49, and be entitled to receive the amount of the cost
upon his being ready to deliver the printed copies of the argu-
ment 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.

Ibid, sec 50. 1862, ch. 122.

52. 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
and direct the clerk of the court from which said appeal may
have been taken, to produce, by himself or some person author-
ized by him, to the said court of appeals, for inspection upon
the trial of the said case, any original paper, map or plat filed
in the court below in said case, a copy whereof is set forth in
the record sent to the said court of appeals; the cost of such
production, in every case, to be paid by the party applying for
the production of said paper.

Appeal Bonds.

1888, art 5, sec. 51. 1860, art. 5, sec. 31. 1713, ch. 4, sec. 2.
1811, ch. 171. 1826, ch. 200, sec. 1.

53. No execution upon any judgment or decree in any court

of law or equity shall be stayed or delayed, unless the person
against whom such judgment or decree shall be rendered or
passed, his heirs, executors, or administrators, or some other
person in his or their behalf, shall immediately, upon praying