OF THE STATE OF TEXAS.
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72. The rules for the government of the Supreme Court, heretofore
made and published, shall be superseded from and after the
time when these rules shall go into effect.
73. The foregoing rules shall go into effect and be of force on
and from the first day of March, 1878; and all cases wherein notice
of appeal is given or petition for writ of error is filed after
that date shall be brought into the Supreme Court under and in
accordance with these rules; provided, the rules 56, 57 and 58 of
the Supreme Court, whose object is to advance cases heretofore
submitted, and others, as therein prescribed, shall go into effect
on the first day of December, 1877.
Rules for Court of Appeals.
74. The rules prescribed for the government of the Supreme
Court shall apply also to the Court of Appeals in civil causes.
75. The clerks of the Court of Appeals shall be governed by
the rules applicable to the clerks of the Supreme Court, except
in criminal cases, in which a different rule may be prescribed by
statute.
76. In all criminal cases, as well as in civil, the rules governing
motions, arguments of counsel and applications for certiorari
to complete the record, as prescribed for the Supreme Court,
shall apply to the Court of Appeals.
77. When a defendant, in felony cases, shall have escaped
after notice of appeal, the Court of Appeals may act in dismissing
the appeal upon satisfactory evidence of that fact, by affidavit
of the sheriff, clerk, county or district attorney, communicated
through the attorney-general at Austin to said court; and it shall
be the duty of the county or district attorney to see that such
information is transmitted to the attorney-general.