cript of the evidence and the proceedings had, duly certified by him as a true and correct transcript of the original shorthand notes and testimony taken and proceedings had upon the trial of the action. Such transcript shall consist of five copies carefully and legibly typewritten upon plain white or yellow paper of good texture, so that annotations may be made thereupon, with pen and ink. The sheets, typewritten on one side, shall be 8 by 11 inches, in size, consecutively paged, and the lines numbered on the left hand margin thereof. Such typewritten page shall be double spaced, made with black or purple ribbon or carbon, containing not more than thirty nor less than twenty-five lines, with a margin on the left of not less than 1 inches. Such transcript shall be securely bound on one side through the covers and shall have a complete index stating therein where may be found the exhibits, aptly described, the examinations of each of the witnesses and the orders and proceedings of the trial court.

RULE 23. TRANSCRIPTS IN CIVIL CASES; TIME OF PREPARATION AND SERVICE. Such transcript shall be prepared by the official court stenographer within fifteen days after the same has been ordered and proper deposit made therefor, unless the trial court by order, in writing, filed with the cause shall extend such time. The party desiring such transcript, shall pay to the official court reporter, or deposit with the clerk of the District Court, at the time of making the order therefor, not less than 25% of the estimated cost thereof, as given by such reporter. In cases of dispute, the trial court shall regulate or otherwise designate the amount of such deposit so to be made. Such transcript shall be served upon the opposite party within the time provided by statute and the opposite party likewise, within the statutory time shall serve any amendment desired. Thereafter, the trial court, after due notice of the settlement of the proposed case shall thereupon settle the transcript according to the facts of the case, and certify that the same is a true and correct settled case, and statement of the evidence and proceedings had.

RULE 24. TRANSCRIPT AND CASE IN CRIMINAL CASES. In criminal cases, the party desiring to appeal, or, to review the proceedings of the trial court, shall procure and serve a transcript of the evidence for settlement in the same manner as hereinbefore prescribed in civil cases.

He shall also prepare and cause to be served and settled, a statement of the case as prescribed by statute in criminal cases.

RULE 25. PREPARATION AND TRANSMISSION OF THE RECORD OR JUDGMENT ROLL IN CIVIL CASES. Upon appeals, in civil cases, the record or judgment roll shall be prepared and transmitted to the Supreme Court as provided by statute. The provisions of this rule also apply to mandamus and other special proceedings so far as applicable.

RULE 26. PREPARATION AND TRANSMISSION OF THE RECORD OR JUDGMENT ROLL IN CRIMINAL CASES. Upon appeal in criminal cases, the judgment roll or record shall be prepared and transmitted to the Supreme Court as provided by statute.

RULE 27. PREPARATION OF RECORD IN CASES TRIABLE DE NOVO. In all civil actions triable by the District Court without a jury where the party appealing or desiring to review the proceeding, demands a trial de novo, in the Supreme Court, a statement of the case shall be settled in the manner hereinbefore prescribed for civil actions. If the appellant desires a review of the entire case in the Supreme Court he must so specify. If he desires a review of any particular facts, the specifications must state the particular facts upon which a review is desired. If any material evidence has been excluded, of which the appellant complains, he must also specify distinctly and concisely the respects in which such evidence is material, without argument or citation of authorities. Such specifications shall be particularly made with reference to each and every portion of material evidence claimed to be so excluded. Upon the presentation of the statement of the case to the trial court, he shall review the specifications concerning the materiality of the evidence and, if deemed well taken, shall order such further proceedings to be had either upon new trial, or by means of taking additional testimony, so that the material evidence, deemed excluded improperly, may be adduced.

Otherwise, the trial court shall specifically review or overrule, by an order in writing and filed in the case, the specifications so made in that regard. Where upon appeal, it is made to appear that the trial court improperly excluded material evidence upon the issues, this court may direct a return or remand of the cause to the trial court for the

purpose of taking additional testimony, as if upon a new trial, and thereafter, proceedings shall be taken after a re-determination of the cause by the trial court, the same as in any other cause upon appeal.

In these rules the term, "trial court" has reference to the District Judge before whom the cause was heard, or determined.

RULE 28. APPLICATION FOR WRIT OF HABEAS CORPUS. When, upon application for a writ of habeas corpus, it is apparent that no necessity exists for its immediate issuance, and a district court or judge thereof has entertained an application for the writ, and, upon hearing, quashed it, this court will require all the papers, including the application and supporting affidavits, the return and supporting affidavits, and the order of such lower court, to accompany the application made to this court. In emergency cases the above requirement may be waived.

RULE 29. 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 briefs shall be served upon the Attorney General, and in criminal cases or where a county is a party, the notice of appeal and briefs shall also be served upon the State's Attorney of the proper county.

RULE 30.

ATTORNEY'S CERTIFICATE OF CLERKSHIP. It shall be the duty of attorneys in this state, with whom students shall commence a course of legal study, to file a certificate to that effect in the office of the clerk of the Supreme Court. Such certificate shall state the time when such legal study commenced and the proposed course of study to be pursued. Such period shall be deemed to commence from the time of such filing and shall be computed by the calendar year.

RULE 31. APPLICATIONS FOR ADMISSION TO PRACTICe Law upon EXAMINATION. All applications for admission to practice as attorneys and counselors at law, upon examination, shall be made as provided by law. (Sec. 790 C. L. 1913.)

RULE 32. EXAMINATION OF APPLICANTS BY THE STATE BOARD OF BAR EXAMINERS. All applicants for admission to practice as attorneys or counselors at law, who do not seek to be admitted as attorneys

upon motion, shall be examined by the State Board of Bar Examiners, concerning their legal and moral qualifications as may be made to appear from their respective applications and an examination conducted by such board.

RULE 33. ADMISSION TO PRACTICE LAW AFTER EXAMINATION. Applicants for admission to the Bar upon examination may be admitted to practice as attorneys and counselors at law in all the courts of this State by the Supreme Court, either in regular or special session, upon the report of the State Board of Bar Examiners.

RULE 34. ADMISSION OF ATTORNEYS TO PRACTICE UPON MOTION. Applications for admission to practice as a resident attorney of this state may be received pursuant to Sec. 792 C. L. 1913.

Such application shall be upon written motion made by a member of the bar of this court, and filed with the clerk; and with such motion shall be filed the applicant's certificate of admission to practice in the foreign state and his affidavit, which shall disclose the place or places where he has practiced law in such foreign state, for a period of more than three years, in the aggregate. He shall also give the name and postoffice address of one or more of the district or circuit judges, who have presided during said time, in the court before which he has practiced. Where possible, he shall present the certificate of such judge showing the above facts in support of his application. The affidavit of the applicant shall also disclose whether any proceedings in disbarment or suspension of his license to practice are pending against him, or were pending at the time of his removal from the foreign jurisdiction, and, that he is still an attorney at law in good standing in such foreign state.

The applicant must also furnish the affidavit of at least two practicing attorneys of the foreign state who were fellow practitioners with the applicant, stating that the applicant is of good moral character, and a proper person to be licensed to practice law.

Such application shall thereupon be referred to the State Bar Board who shall investigate such application, and its sufficiency, including the moral qualifications of the applicant. Upon the report of the State Bar Board in regard thereto, motion for admission upon such application may be made at any regular or special term of this court.

Provided, however, that any member of the bar of another state, actually engaged in a cause or matter pending in this court, may appear in, or conduct said cause or matter while retaining his residence in

another state.

RULE 35. DISBARMENT. Whenever any written complaint is made and filed with the clerk of this court charging any member of the Bar of this State with conduct warranting a disbarment or suspension as an attorney at law, the same shall thereupon be referred by the clerk to the State Bar Board for investigation, and report to this court concerning further proceedings to be had. Disbarment proceedings may also be instituted and prosecuted as otherwise provided by law.

RULE 36. 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 time or in the manner therein provided shall constitute grounds for dismissal of the appeal, for an affirmance, or for the imposition of terms, as the case may demand.

ORDER ADOPTING RULES OF PRACTICE.

IT IS ORDERED, That the above and foregoing rules of practice be and the same are hereby adopted as the rules of practice of the Supreme Court of North Dakota. Until abrogated or modified, said rules shall govern the practice of this court in connection with existing statutory provisions of law applicable. The Clerk of this Court is directed to spread these rules upon the minutes of this Court. The Reporter is directed to prepare a suitable index for such rules and cause the same to be published in the Northwestern Reporter, the North Dakota Reports and in pamphlet form.

IT IS FURTHER ORDERED, that these rules shall take effect and be in force from and after August 15th, 1920.

IN SUPREME COURT,

CLERK'S CERTIFICATE.

STATE OF NORTH DAKOTA.

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I, J. H. Newton, Clerk of the Supreme Court of North Dakota, do