of that section, and shall be settled in the time and in the manner provided by article 8, chapter 10, of the Code of Civil Procedure, being sections 5462 to 5470, Revised Codes, inclusive. It must contain a specification, either that the appellant desires a review of the entire case, or that he desires a review of certain facts, which facts he shall particularly specify. Such specification may be substantially in the following form: If the appellant shall specify that he desires a review of the entire case, the specification may be: the statement of the case, they must be clearly identified and authenticated by the district court as part of the statement and filed and transmitted to this court with the record. The judge who settles the statement of the case, shall append an order thereto settling the same and shall in said order certify that the same is a true and correct statement of the case in the action entitled therein, and contains all the evidence offered and proceedings had upon the trial thereof, including all objections, motions, rulings and exceptions (if only a part of the questions of fact in the case are specified for review, add here, “re "Appellant desires a review of the entire lating to the questions of fact herein specified case in the supreme court." If he shall specify that he desires a review of only particular facts, the specification may be: for review") and the foregoing papers marked respectively as exhibits (1, 2, 3, etc., or as the case may be) are the original exhibits referred to as so marked herein; and the foregoing papers marked as exhibits respectively "Appellant specifies the following questions (4, 5, 6, etc., or as the case may be) are corof fact, which he desires the supreme court to rect copies of the original exhibits referred to review, to wit: (One, ; two, as so marked herein. (Here carefully identhree, -, etc., stating each fact to be re-tify and authenticate all exhibits, if any, viewed separately and concisely.)" In all cases where the specification shows that the entire case is to be reviewed in the supreme court, the statement of the case must contain a complete and literal transcript of the stenographer's minutes (including all objections, motions, rulings and exceptions appearing therein), corrected by the district court on settlement to conform to the truth, and a literal transcript of all evidence offered by deposition (including all objections, motions, rulings and exceptions shown by such depositions), and must contain all of the evidence offered (including exhibits) and proceedings had upon the trial. In case the specification shall show that only particular facts are to be reviewed in the supreme court, the statement must contain a literal transcript of so much of the stenographer's minutes (corrected as above), and evidence offered by deposition (including such objections, motions, rulings and exceptions appearing in such minutes and depositions), and exhibits as relate to the questions of fact to be reviewed, and must contain so much of all other evidence offered and proceedings had as relates to such questions. which are not actually attached to the statement.) (NOTE.-The district court is urgently requested to see that all statements of the case under section 5630, Revised Codes, comply with the provisions of that section and with these rules.) Rule XVI. [Preparation of Abstracts in Cases to be Tried Anew on Appeal under Section 5630.] But one abstract shall be required in any case tried under the provisions of section 5630, Revised Codes, in which a trial anew of the whole or any part of the case is desired in the supreme court. Such abstract shall contain substantially in the order herein indicated: 1. The title of the action, entitled in the supreme court. 2. A duplicate of the specifications contained in the statement of the case, showing whether the entire case, or particular questions of fact only are to be reviewed in the supreme court. 3. So much of the pleadings, in proper order, as may be necessary to fully show the issues of fact raised thereby, which are to be In either case, the evidence must be em-reviewed on appeal. bodied in the statement, without condensation 4. So much of the statement of the case, or elimination. including evidence offered, proceedings had, so much of other matters included in the judgment roll, as shall be material and necessary to the full consideration, trial and determination of all questions to be reviewed on appeal. The portion of such statement containing | objections to evidence, motions, rulings and such transcript of the stenographer's minutes exceptions thereto, in the order in which they and depositions, shall be clearly typewritten, | appear in the statement of the case, and double spaced, on good paper, and the pages shall be consecutively numbered and the lines on each page must be consecutively numbered. Documents on file in the case and original exhibits, offered in evidence, or properly certified or authenticated copies of such documents and exhibits, shall be attached, and must be made a part of the statement of the case. When the exhibits are of such nature that they cannot be attached to the remainder of 5. The findings of fact and conclusions of law of the district court. 6. The judgment, showing date of entry, and date of service of notice of entry. 7. The date of serving and filing notice of appeal. 8. An index of its contents conforming to tional parts of the record as may be material, the index required by rule 12. All evidence contained in the abstract shall be a literal transcript, by question and answer, of the same, as it appears in the statement of the case. upon such terms as may be just; and such amendments must clearly refer to the folio of the abstract where the same should be inserted, and shall be printed. The provisions of this rule with reference Such abstract shall be prepared as follows, to printing, do not however, apply to cases to wit: in which by law printed abstracts cannot be required. Within 10 days after the appeal is perfected, (if the statement of the case has been settled before appeal) or within the same time after the statement of the case is settled, (if settled after appeal), or within such further time as may be allowed by stipulation, or by order of the supreme court, or one of the judges thereof upon good cause shown, the appellant shall serve on the respondent a written notice containing: First. The specifications contained in the statement of the case, showing whether the entire case, or only particular questions of fact are to be reviewed in the supreme court. Second. A specification of all those parts of the entire record or judgment roll, which he thinks are necessary to be embodied in the abstract to a full consideration of all questions to be reviewed by the supreme court, as shown by such specifications contained in the statement of the case. The respondent shall thereupon, and within 10 days after the service of such notice upon him, or within such further time as may be allowed by stipulation, or by order, serve upon the appellant a notice of such additional | parts of the record or judgment roll, as he thinks material to the consideration of the questions to be reviewed. Such notices shall clearly identify the parts of the record each party, respectively, desires included in the abstract, either by copying the same, or clearly designating them in some oth er manner. Only the material parts of exhibits need be copied into the abstract, but the abstract shall contain a concise statement of the nature and substance of all exhibits embodied in the statement of the case which are material to the trial of the questions to be reviewed. If either party shall have caused unnecessary parts of the record to be printed, the court will, on written motion of the adverse party, specifying such unnecessary parts, filed before the final submission of the case (and upon which no argument will be allowed), make such order as to costs as shall be deemed just. Rule XVII. [Briefs, in Cases to be Tried Anew on Appeal under Section 5630, Revised Codes.] The appellant's brief in cases to be heard under the provisions of section 5630, Revised Codes, shall contain, when practicable. First. A concise statement of the facts of the case, presenting succinctly the questions involved, and the manner in which they are raised. Second. It shall also contain the following specifications as concisely stated as may be, to wit: 1. A specification of errors of law excepted to, and upon which the appellant relies, if any, but such specifications shall not be made as to objections to evidence. 2. A concise specification, by groups or classes, of the evidence objected to, and which he claims should not be considered, appropriately classifying the same, and referring to the folios of the abstract where the objections to the same appear. 3. A specification of the issues of fact alleged to have been erroneously decided by the district court, pointing out as specifically as may be, the particulars in which such decision is alleged to be erroneous and referring to the finding of fact and folio of the abstract where such decision is found. 4. A specification of each ultimate fact, which the appellant claims is established by the evidence, and upon which he relies for reversal, referring to the pages or folios of the abstract where the evidence relied upon to When maps, surveys or other material exhibits are included in the record, which it is impossible to duplicate in the abstract, the abstract shall state that fact, and the court will then examine such exhibits in the orig-establish such fact may be found. inal record. The appellant shall, after the service upon him by the respondent of such notice, arrange all parts of the record specified in both said notices, in the order in which they appear in the judgment roll and statement of the case, and cause the same to be printed pursuant to rule 18, and serve and file the same as provided by rules 21 and 22. If, at the hearing, it shall appear that any material part of the record has not been embraced in the abstract, the court will, in its discretion, allow, or require, the abstract to be amended, by inserting therein such addi 5. A concise specification of the propositions of law applicable to the facts, and which are to be discussed in his brief and argument. It shall also contain a brief of the argument, exhibiting a clear statement of the points of law and fact to be discussed (as the same appear in his specifications), with a reference to the pages or folios of the abstract and to the authorities relied upon in support of each point. The respondent's brief shall be of like character with that required of the appellant, except that it need contain no specification of errors of law, and shall contain the specifi cations herein enumerated, concisely stated, | ly and durably bound on the left margin and to wit: 1. In case the respondent controverts the statement of the facts in the appellant's brief, his brief shall contain his statement of the facts. 2. A concise specification by groups or classes, of the evidence objected to, and which he claims should not be considered, appropriately classifying the same, and referring to the folios of the abstract where the objections to the same appear. 3. A concise specification of each of the questions of law and fact to be discussed by the respondent in his brief, and argument, in support of the judgment, referring to the pages or folios of the abstract where the evidence relied on to sustain each fact, claimed in appellant's specifications to have been erroneously decided, may be found. 4. A brief of his argument following the same general plan as provided for the appellant's brief. Either party may before the argument commences amend the specifications in his brief, in the discretion of the court, and upon such terms as shall be just. The court will, in its discretion, decline to consider any questions of law or fact not raised by the specifications and discussed in the briefs of counsel. Rule XVIII. [Abstracts and Briefs-Printed How.] All abstracts and briefs served and furnished to the court in calendar cases -except where typewritten abstracts and briefs are especially allowed by statute or rule of court-shall be printed on white paper with a margin on the outer edge of the leaf one and a half inches wide. The printed page, exclusive of any marginal note or reference shall be seven inches long and three and a half inches wide. The folios and pages, numbering from the commencement to the end shall be printed on the outer margin of the page. Small pica, solid, is the smallest letter and most compact mode of composition which is allowed. No charge for printing the papers mentioned in this rule shall be allowed as a disbursement in a case unless the requirements of this rule have been complied with in all papers printed. Rule XIX. [Typewritten Abstracts and Briefs-Number to be Filed.] The rules of this court regulating the preparation, service and filing of printed abstracts and briefs are hereby made applicable to all cases, whether civil or criminal, in which typewritten abstracts and briefs are permitted to be served and filed; provided, that the appellant in cases where typewritten abstracts and briefs are allowed, shall file with the clerk five copies of his abstract and brief and the respondent shall file five copies of his brief. provided with a suitable cover, on which cover shall be written or printed the term of the supreme court in which the action is to be heard, the county from which appealed, the title of the action and name of attorney preparing the same. The pages thereof shall be consecutively numbered on the outer margin of the page. The abstract shall have subjoined thereto an accurate index of its contents, the same as provided in rule 12. The clerk shall, when the case is called, deliver one copy of each to each of the judges, and one copy of each shall be for the use of the reporter. The remaining copy shall be retained with the papers in the case. Double spaced writing only shall be used, except in citations from authorities or from the record in the action. Where more than one authority is cited give each authority in a separate line, indenting the same at least ten spaces on the machine scale. If carbon copies are used care must be taken that the same are clear and legible, otherwise they may be stricken from the files on motion of counsel or by the court. Rule XX. [Rules as to Briefs and Ab stracts Applicable to Criminal Cases.] The rules of this court regulating the preparation, service and filing of abstracts and briefs in civil cases are, with the modifications stated below, hereby made applicable to criminal cases unless the same are found to be repugnant to some statute. When because of the poverty of the defendant, counsel has been assigned to his defense, and such defendant makes and files with the clerk of this court an affidavit stating in substance that he is financially unable to pay the expense thereof, the printing of such abstracts and briefs may be dispensed with, and only five copies each of the united abstract and brief need be filed with the clerk, which abstract and brief shall conform to the provisions of rule 19; provided, that no criminal case can be brought to a hearing without the consent of both parties unless the appellant's abstract and brief have been served and filed at least ten days before the case is heard and the respondent's brief has been served and filed at least two days before the case is heard. Where a criminal case has been appealed to the supreme court sixty days prior to the first day of the term the rule in civil cases will be enforced. Rule XXI. [Service of Briefs and Abstracts.] Not less than 25 days before the first day of the term at which any civil case may be heard, the counsel for appellant shall serve upon the counsel for each adverse party two copies of his brief and abstract, and not less than five days before the first day of such term, the respondent shall serve upon the counsel for each adverse party two copies of his brief, and amended abstract provided for in rule 13, if any. All typewritten abstracts and briefs must be written on paper, the size of which is eight and one-half inches wide and eleven Rule XXII. [Filing of Briefs and Abinches long, on one side only, and substantial-stracts.] Not less than 25 days before the first day of the term at which any civil case may be heard, the appellant shall file in the office of the clerk of this court, seven copies of his brief and abstract and not less than five days before the first day of such term the respondent shall file in the office of the clerk of this court, seven copies of his brief, and of his amended abstract, if any. Additional briefs shall not be filed by either party except, upon permission of the court and upon such terms as shall be deemed just. Rule XXIII. [Penalty for Violating Rules as to Briefs and Abstracts.] No transcript, or other paper or document which fails to conform to the requirements of these rules, shall be filed by the clerk, but the same shall be immediately returned to the party from whom received. Rule XXIV. [When State is a Party-Attorney General Served.] In all appeal cases in which the state is respondent, and in which the attorney general is required by law to represent the state, the notice of appeal and the abstracts and briefs as prescribed by statute or the rules of this court shall be served upon the attorney general, and in criminal cases or where a county is a party the notice of appeal, abstracts and briefs shall also be served upon the state's attorney of the proper county. Rule XXV. [Criminal Cases First on Calendar.] All criminal cases shall be placed first on the calendar in the order of filing the transcript with the clerk of the supreme court, and shall have precedence of other cases. Such cases unless continued for cause, shall stand for argument at the first term after the transcript is filed, subject, however, to the requirements of rule 20 as to the service of abstracts and briefs. The presence of the defendant in the supreme court shall in no case be necessary unless specially ordered by the court. Rule XXVI. [Order of Civil Cases on Calendar.] All civil cases shall be placed on the calendar by the clerk in the order of filing of the complete record in his office; provided, that no civil case shall be placed upon the calendar by the clerk unless an abstract and brief shall have been filed by one party or the other in his office at least twenty-five days prior to the first day of the term. All cases on the calendar shall (with the criminal cases) be numbered consecutively, from term to term, in one continued series; and no civil case shall be placed on the calendar except as herein provided, unless by order of the court. Rule XXVII. [Call of Calendar-Order of Cases for Oral Argument.] The court on the first day of each term shall call the entire calendar of cases for that term. On such call cases may be finally submitted on briefs, or either party may submit on briefs. All cases wherein abstracts and briefs have been served and filed, as provided by statute and the rules of this court, which are not fully submitted on briefs, shall be set for argument in the order in which they appear on the calendar, unless for good cause the court deems it advisable to change such order. Cases wherein the time for filing briefs and abstracts has been extended by consent or order will not be heard until all cases regularly prepared have been disposed of, and then only subject to the provisions of rule 28 of these rules. Not more than three cases so set for hearing shall be liable to call on any one day. Rule XXVIII. [Court will Continue Cases -When.] In cases where counsel arrange as between themselves to disregard the rules of court governing the time of the filing and service of briefs and abstracts and where counsel do not by motion or otherwise raise objections thereto, this court will on its own motion continue such cases over the term unless the disregard of the rules is excused by a showing which is satisfactory to the court. Rule XXIX. [Argument and Submission of Cases.] Only one counsel shall without permission of the court argue for each party in a case, except in capital cases, and the time for argument is limited to one hour by counsel upon each side, exclusive of the time allowed by the court for reading any part of the record. The court may, however, extend the time of argument upon application before the argument commences. Any cases may be submitted on printed arguments or briefs. Mo Rule XXX. [Motions-How Noticed.] tions, except for orders, of course, shall be made upon written notice to the adverse party of not less than eight days. When a motion for an order is not made upon the records or files of the court, the notice of motion shall be accompanied by the papers on which the motion is founded, copies of which shall be served with the notice of motion. Motions may be heard upon orders to show cause returnable in less than eight days. Upon the hearing of a motion or order to show cause, the moving party shall be entitled to open and close; provided, that the papers on both sides shall be ready at the opening. Notices and motion papers shall be clearly typewritten in the manner provided by rule 19 for abstracts and briefs. Rule XXXI. [Motions-When Heard.] All motions affecting the place of cases on the calendar, may be noticed orally on the call of the calendar; and all motions for continuance and dismissal shall be in writing and noticed for the first day of the term and will be for hearing previous to the calling of cases for argument. Rule XXXII. [Rehearings-Granted When -How Obtained.] Whether a decision is handed down in term time or in vacation, a petition for a hearing will be entertained if four copies of the same be filed with the clerk within twenty days after the decision is filed and the remittitur be stayed during the twenty days and no longer, unless for good cause shown the court or a judge thereof shall, by an order delivered to the clerk of this court, | in provided will, in the discretion of the court, extend such time for a period not exceeding be cause for dismissal of the appeal, or aften days; provided, nevertheless, that the firmance of the judgment, as the case may court in any case, at its discretion, may direct demand. that the remittitur be sent forthwith to the court below. The petition must be printed or typewritten, in the manner provided in rule 19 for briefs and abstracts. It need not be served upon opposite counsel. It shall be signed by counsel, particularly setting forth the grounds thereof, and showing, either that some question decisive of the case and duly submitted by counsel has been overlooked by the court, or that the decision is in conflict with an express statute or controlling decision to which the attention of the court was not called either in the brief or oral argument, or which has been overlooked by the court; and the question, statute or decision so overlooked must be distinctly and particularly set forth in the petition, which must be filed within twenty days from the date of the decision. No argument or brief will be allowed on the petition. Where a rehearing is granted in term time, the case will not (unless by special order of the court) be reargued at the same term except by consent. When the rehearing is granted in vacation. and less than six days prior to the first day of the next regular term, the case shall not, except by consent or by special order of the court, be argued at such term. Rearguments of cases shall ordinarily take precedence on the calendar of all other matters before the court except motions and criminal business. Rule XXXIII. [Opinions of Court.] The opinion of the court in all cases decided by it, whether originating in the supreme court, or reaching it by appeal or writ of error, will be reduced to writing and filed with the clerk either in open court or in vacation. The court will also file written opinions upon all motions, collateral questions or points of practice when the same are deemed exceptionally important. Rule XXXIV. [Costs-How Taxed.] In all cases originating in this court the costs and disbursements will be taxed by the clerk of this court. In other cases the costs and disbursements of both courts (except the fees of the clerk of this court, which shall be taxed by him without notice), shall be taxed in the district court after the remittitur is sent down, and the amount thereof shall be inserted in the judgment of the court below. In civil cases the remittitur will not be transmitted until the fees of the clerk of this court shall first have been paid. In all cases where parties are dissatisfied with any bill of costs as taxed by the clerk of this court the matter complained of will be reviewed informally and readjusted by this court at any regular session thereof. Rule XXXV. [Cases may be Dismissed for Failure to Comply with Rules.] A failure to comply with any of the requirements contained in these rules within the times there Rule XXXVI. [Dismissal of Appeal Affirms Judgment.] The dismissal of an appeal is in effect an affirmance of the judgment or order appealed from, unless the dismissal be expressly made without prejudice to another appeal. Rule XXXVII. [Executions.] Executions signed by the clerk, sealed with the seal of this court, attested of the day when the same issued, may issue out of this court to enforce any judgment for costs made and entered in cases which originate in this court. Such executions may issue and be directed to any marshal of the supreme court of North Dakota, and may be enforced in any county in the state in which a transcript of such judgment for costs is filed and docketed. Rule XXXVIII. [Writs-How Issued and Returned.] All writs and process issued from and out of this court shall be signed by the clerk, sealed with the seal of the court, attested of the day when the same issued, and made returnable at any day in the next term, or in the same term when issued in term time; and a judge may by endorsement thereon, order process to be made returnable on any day in vacation, when, in his opinion, the exigency of the case requires it. When process is made returnable in vacation, the court or judge directing the same to issue shall state in the order allowing the same the time and place when and where the writ shall be returnable. Rule XXXIX. [Reasons for Original Application to This Court to be Stated-Memorandum of Authorities-Return and Issuance of Writ-Stay of Proceedings.] 1. If any application made to the court for a writ of mandamus, certiorari, quo warranto, injunction, or for any prerogative writ to be issued in the exercise of its original jurisdiction, and for which an application might have been law fully made to some other court in the first dition to the necessary matter requisite by instance, the affidavit or petition shall, in adthe rules of law to support the application, also set forth the circumstances which, in the opinion of the applicant, render it proper that the writ should issue originally from this court and not from such other court. The sufficiency or insufficiency of such circumstances so set forth in that behalf will be determined by the court in awarding or refusing the application. In case any court, judge, or other officer, or any board or other lic character, be named in the application as tribunal in the discharge of duties of a pubrespondent, the affidavit or petition shall also disclose the name or names of the real party or parties, if any, in interest, or whose interest would be directly affected by the proceedings, and in such case it shall be the duty of the applicant obtaining an order for |