necessary for a proper determination of the questions or issues to be reviewed by the Supreme Court, the costs of transcribing or printing such unnecessary portions of the record will be taxed against the party procuring the same.

2. No certiorari for diminution of the record shall be allowed in any cause unless a motion therefor shall be made in writing, and the facts on which the same is founded shall, if not admited by the other party, be verified by affidavit, and all motions for such certiorari shall be made on the first day of the term of the entry of the cause, otherwise the same shall not be granted unless upon such special cause shown to the court accounting satisfactorily for the delay.

3. The appellant plaintiff in error shall not be heard to suggest a diminution of the record or to ask for a certiorari to supply such diminution in any case where such appellant or plaintiff in error has caused to be certified to this court less than the entire record, unless such suggestion or motion shall be made on the first day of the term to which the appeal or writ of error is returnable, and shall be accompanied by an affidavit setting forth reasons satisfactory to the court for the omission of the same from the transcript; mere neglect to include the desired portion of the record in the praecipe shall not be sufficient cause for the award of the certiorari applied for.

RULE III.
Motions.

All motions shall be reduced to writing.

RULE IV.

Citation and Return to Appeal and Writ of Error.

1. Citation upon appeals and writs of error shall be served in the same manner as pleadings, either on the defendant in error or appellee, or his attorney of record in the lower court, at least five days before the first day of the term to which the writ of error or appeal is returnable: Provided, however, That where the defendant in error or appellee is not a resident of the Territory and has no attorney of record residing within the Territory, the citation shall be served by mailing to the last known address of the defendant in error or appellee a copy of the citation by the clerk issuing the same.

2. The clerk of the court in which any appeal shall be allowed, or to which a writ of error shall be directed, shall make return of the same by transmitting a true copy of the record and of all proceedings in the cause under his hand and the seal of the court, and whenever printing is required by law, the appellant or plaintiff in error shall on or before the first day of the term to which the case is returnable, file with the

clerk of this court ten printed copies of said record and proceedings, and serve two copies thereof on the adverse party, his attorney or counsel.

3. No cause will hereafter be heard until a complete record containing in itself, without reference aliunde, all the papers, exhibits, depositions and other proceedings which are necessary to the hearing in this court, shall be filed.

4. Whenever it shall be necessary or proper in the opinion of the judge of any District Court that original papers of any kind should be inspected in this court, upon appeal or writ of error, such judge may make such rule or order for the safe keeping, transporting and return of such original papers as to him may seem proper, and this court will receive and consider such original papers in connection with the transcript of the proceedings.

5. When appeal or writ of error is duly taken by both parties, a transcript of the record filed by either may be used on both hearings, and they shall both be heard thereon in the same manner as if records had been filed by the appellants or plaintiffs in error in both cases.

RULE V.
Docketing Cases.

The clerk shall enter cases upon the docket in the order in which the transcript in cases brought up by appeal, or the praecipes for writs in cases brought up by writs of error, are filed in his office specifying upon the docket the date of the allowance of the appeal, or of the issuance of the writ of error.

RULE VI.
Translations.

Whenever any record transmitted to this court upon a writ of error or appeal shall contain any document, paper, testimony or other proceedings in a foreign language and the record does not also contain the translation of such document, paper, testimony or other proceedings, made under the authority of the District Court, the record shall not be received, but the case shall be reported to this court by the clerk, and the court will thereupon remand it to the District Court in order that a translation may be there supplied and inserted in the record.

RULE VII.

No Appearance of Plaintiff.

When there is no appearance for the plaintiff in error or appellant when the case is called for trial, the defendant may have the plaintiff in

error or appellant called, and dismiss the writ of error or appeal, or may open the record or pray for an affirmance.

RULE VIII.

No Appearance of Defendant.

When the defendant in error or appellee fails to appear when the cause shall be called for trial, the court may proceed to hear an argument on part of the plaintiff in error or appellant, and to give judgment according to the right of the case.

RULE IX.

No Appearance of Eeither Party.

When a case is reached in the regular call of the docket and no appearance is entered for either party the cash shall be dismissed at the cost of the plaintiff in error or appellant.

RULE X.

Neither Party Ready at Second Term.

When a case is called for argument at two successive terms, and upon the call at the second term neither party is prepared to argue it, it shall be dismissed at the cost of the plaintiff in error or appellant unless sufficient cause is shown for further postponement.

RULE XI.
Printed Argument.

In all cases brought into this court by appeal, writ of error or otherwise, the court will receive printed arguments without regard to the number of the case on the docket, if the counsel on both sides shall choose to submit the same within the first ten days of the term, but ten copies of such argument signed by attorney or counselors of this court must be held.

RULE XII.
Arguments.

Arguments in a cause will be limited to one hour on each side, unless by special order time is extended. Not more than two counsel will be permitted to speak on a side.

RULE XIII.

Assignment of Errors.

Assignment of errors shall be written on a separate paper, and filed in the cause, and shall be also copied into the brief of appellant or plaintiff in error. Such assignment of errors shall contain the title of the cause and of the court from which the case comes. Each error relied upon shall be stated in a separate paragraph.

RULE XIV.
Briefs.

1. Counsel will not be heard unless a printed brief or abstract of the case be first filed together with the points intended to be made, and the authorities cited in support of them, arranged under the respective points.

2. The same shall be signed by an attorney or counselor of this court.

3. If one of the parties omits to file such statement he can not be heard, and the case will be heard ex parte upon the argument of the party by whom the statement is filed.

4. Ten printed copies of the abstract, points and authorities required by this rule shall be filed with the clerk and two copies thereof shall be served on the adverse party, his attorney or counselor, by the plaintiff in error or appellant at least ten days before the case is set for argument and by the defendant in error or appellee at least three days before the case is set for argument.

RULE XV.
Printing-Costs.

1. All records, briefs and arguments which are required to be printed shall be legibly printed with black ink on white book paper of good quality, properly paged at the top with a margin at the outer edge of the page of at least one and a half inches in width. The printed page shall not be less than seven inches long and three and one-half inches wide, and the paper page shall be seven inches wide and ten and one-half inches long. Each printed record, brief or argument shall be properly bound with paper of cloth cover on which shall be printed the title of court and cause.

2. The clerk of this court, as soon as any cause shall be argued and submitted to the court, shall cause to be bound in a single volume a copy of the printed record, briefs and arguments in the cause to be preserved among the files in his office, said binding to be in law sheep and to cost not to exceed two ($2.00) dollars per volume to be taxed as costs in the cause.

3.

There shall be taxed as costs for printing the transcript of the record its actual reasonable cost, together with fifteen cents per folio of one hundred words for the original transcript of the stenographer's notes as now provided by law, and three cents per folio for one additional copy thereof, which sum is hereby fixed as the compensation of stenog raphers for each of such extra copies.

RULE XVI.

Order of Argument.

The plaintiff in error or appellant shall be entitled to open and conclude the argument; but where there are cross appeals, they shall be argued together as one case, and the plaintiff in the court below shall be entitled to open and conclude the argument.

RULE XVII.

Damages.

In cases where a writ of error or appeal prosecuted to this court shall delay the proceedings on the judgment of the District Court, and shall appear to have been taken or sued out merely for delay, damages shall be awarded to the appellee or defendant in error at the rate of ten per cent. on the amount of the judgment.

RULE XVIII.

Opinions of the Court.

All opinions by this court shall, immediately upon the announcement thereof, be delivered to the clerk to be recorded and filed, and he shall immediately notify one counsel of record on each side of the decision.

RULE XIX.

Call of the Docket.

1. All cases on the calendar, except cases advanced as hereinafter provided, shall be heard when reached in the regular call of the docket, and in the order in which they are set.

2. Criminal cases and cases which involve or affect some matter of general public interest or policy may be advanced by leave of the court, on motion of either party.

3. Two or more cases involving the same question may, by leave of the court, be heard together, but they must be argued as one case.