the Clerk of this Court within sixty days after the appeal is perfected. If he fails to do so, the respondent may, by notice in writing, require such return to be filed within twenty days after the service of such notice, and if the return is not filed in pursuance of such notice. the appellant shall be deemed to have abandoned the appeal, and on an affidavit proving when the appeal was perfected and the service of such notice, and a certificate of the Clerk of this court that no return has been filed, the respondent may apply to any Judge of this court for an order dismissing the appeal for want of prosecution, with costs, and the court below may thereupon proceed as though there had been no appeal; Provided, nevertheless, that this Rule shall have no application to cases where the respondent has elected to cause the record to be transmitted to the Supreme Court as regulated by the priviso contained in Section 5 of the act of February 11, 1891, regulating appeals.
Rule X.
Criminal causes to be placed first on the calender.] All criminal causes shall be placed first on the calender in the order of the date of the filing of the petition, and shall have precedence of all other business, and shall be tried at the term at which the transcript is filed, unless continued or otherwise disposed of; and shall, if practicable, be decided at the same term, and the presence of the defendant in the Supreme Court shall in no case be neces- sary, unless specially ordered by the court.
Rule XI.
Order of civil causes on calender.] All civil causes shall be placed on the calender by the Clerk in the order of, the filing of the transcript, and shall (with the criminal causes) be numbered consecutively from term to term in one continued series; and no civil cause shall be placed on the calendar after the day preceding the opening of the court, unless ordered by the court.
