any of the next of kin to the deceased, makes affidavit that they are dependent for their livelihood upon their daily labor; and where any case is reached in its order, and there are other cases on the docket involving the same questions, or some of them, the latter may be taken out of their order and disposed of with the case so reached; and when a case is disposed of, and again comes into the court, it shall be taken up as if it had its original place on the docket. And this section shall apply to all actions now pending, as well as those hereafter to be brought. [86 v. 372.]

RULE III. Oral argument. When a cause on the general docket is argued orally, the time allowed for each side shall not exceed one hour, unless, for special reasons to be adduced before the argument commences, the court shall extend the time.

RULE IV. Briefs and transcripts. No civil cause will be heard or considered, unless the plaintiff, or party holding the affirmative, shall have caused to be filed with the clerk, for the use of the court and reporter, ten printed copies of so much of the record, testimony, and documents therein, necessary to be considered by the court, in octavo size, pamphlet form, and suitable for binding, with index and marginal references (the cost of which printed copies shall be taxed as costs in the cause), and shall also have filed with the clerk a like number of printed copies in like form of a brief or argument therein, containing a statement of the questions presented, and a succinct statement of so much of the cause, referring to the pages of the printed record, as is necessary to show how the questions arise, with marginal references to the headings and points made; and for want of such printed copies, unless good reason be shown to the contrary, the cause may be dismissed as for want of prosecution.

And no brief or argument on behalf of the defendant or party holding the negative will be read or considered, unless it be printed with like references, and a like number of copies filed with the clerk.

A copy of the printed record, and briefs or argument, shall be furnished to opposite counsel a reasonable time before the cause will be heard.

RULE V. Printing records, etc. It shall be the duty of the clerk, on the written precipe of either party, his or their attorney, to any suit pending in this court, and on such party depositing with the clerk such sum of money as may be reasonably necessary to defray the expenses, to make up from the files, in proper order, to be printed for the purposes of the hearing or trial of cause, a copy of the pleadings, exhibits, evidence, and proceedings therein, preserving the date of the commencement of the action and the date of the filing of cach pleading, dispensing with the formal captions, verifications, and official certificates, where the same may not be material to the questions to be adjudicated, and to cause to be printed fifteen copies thereof for the use of this court and the counsel in the cause; and the cost thereof, unless otherwise ordered by the court, shall be taxed in the cost bill, and such disposition or application shall be made of the said deposit as to the court shall seem equitable. Where the case is reserved, or is on error, the matter to be printed shall be prepared by the party filing the precipe, in accordance with Rule IV.

RULE VI. Points decided. A syllabus of the points decided by the court, in each cause, shall be stated in writing by the judge assigned to deliver the opinion of the court, which shall be confined to the points of law arising from the facts of the cause that have been determined by the court.

And the syllabus shall be submitted to the judges concurring therein, for revisal, before the publication thereof; and it shall be inserted in the book of reports without alteration, unless by the consent of the judges concurring therein. [Adopted January term, 1858.]

RULE VII. Applications in error. When an application for leave to file a petition in error has been made in vacation to a judge of the supreme court and disallowed, no other application therefor shall be made, except to

the court in session.

In cases

RULE VIII. Notice of applications in error. where leave to file a petition in error is required by either the court when in session or a judge thereof in vacation, notice in writing of the intended application, briefly specifying the errors relied on, shall be given to the adverse party, or his attorney, at least ten days when

made to the court, and five days when made to a judge, before the application shall be acted upon, unless, in view of special circumstances attending the case, the court or judge should determine that justice required the time of such notice to be abbreviated or such notice to be dispensed with. A copy of such notice, with the proof of the service thereof and petition in error, shall accompany the application.

RULE IX. Note. The circuit court has no power to reserve a case for decision in the supreme court, and the district court is abolished.

RULE X. Return of papers. After the decision of a cause in the supreme court, in which a final record is not required to be made in that court, the papers shall be returned to the clerk of the proper court; when so returned, the clerk of the supreme court shall seal them up and direct them to the clerk of such court, and forward them as said clerk may in writing direct. If not so directed within a reasonable time, they may be sent by express.

RULE XI. Files of cases disposed of. The papers in cases heretofore or hereafter disposed of (and not returned to the counties or withdrawn by leave of the court) shall be filed away in convenient packages by the clerk, with a label on each package, on which shall be written or printed "Cases Decided," "General Docket," or "Motion Docket," as the case may require, and also the term at which the same were disposed of, and the numbers of the cases in each package; which numbers shall correspond with those of the docket of said term. The papers in cases on the general docket shall be put in separate packages from those on the motion docket, and the papers of one term shall, as far as may be practicable, be kept in different pigeon-holes or places of deposit from those of any other term.

RULE XII. Juries. 1. Whenever an issue of fact, which the law requires to be tried by a jury, shall be joined in proceedings in the nature of quo warranto, or in mandamus in the supreme court, the clerk shall, at the instance of either of the parties, make out a venire facias, directed to the crier of this court, commanding him to summon from the state at large sixteen jurors, having the qualifications of electors, to appear before the court

at the day named therein, which day shall be determined by the court, before the issuing of the venire. The venire shall be served and returned at least one week before the day named therein for the appearance of the jurors; and the crier shall attach to, or incorporate in his return, a list of the names of the jurors summoned.

2. Challenges for cause to array, and peremptory challenges, may be made by either party, as is now provided by law in other cases, and the validity of such challenges shall be determined by the court. If, from challenge or any cause, the panel shall not be full, the court may order the crier to fill the same from the bystanders or neighboring citizens having the qualifications of electors.

3. The jurors, summoned as above provided, or such of them as are not set aside or challenged, together with so many of the bystanders and neighboring citizens having the qualifications aforesaid, not set aside on challenge, as will make up the number of twelve, or if the whole array be set aside, twelve of such bystanders or neighboring citizens having the qualifications aforesaid, as may not be set aside on challenge, shall constitute a jury for the trial of said issue of fact.

4. Each jury shall be entitled to the same compensation and mileage as are provided by law for jurors, in civil causes, in the court of common pleas.

RULE XIII. The minute book and its contents. There shall be kept by the clerk a book, to be called the minute book, in which shall be separately entered every cause and motion hereafter docketed in this court, except motions in pending causes, which motions shall be noted in their proper causes, but shall not be separately entered in said book, whether the same be an original or reserved cause, and also the date of docketing the same, and the payment of his fees and by whom paid. He shall also briefly note therein the issuing and date of all process sued out of this court, the return day thereof, when returned, whether served or not, and the date of service, if made; also, under the proper dates, the filing of all pleadings, depositions, briefs, or other papers that may be filed in the cause, in this court; and briefly note all motions in the cause that may be placed on the motion docket; and all orders and judgments of this court in the cause, with a reference to the journal and page

where the same may be entered, and to the volume and page of the complete record thereof, if there be one. He shall also note therein by whom and when any papers may be taken from his office, and when returned.

RULE XIV. Withdrawal of briefs. After a cause has been decided and reported, counsel may withdraw manuscript briefs from files.

RULE XV. When records are to be completed. In cases decided before the first of May in any term, if complete records therein are to be made in this court, they shall be completed before the first day of the ensuing October.

RULE XVI. Provides for admission to the bar.

RULE XVII. Petitions in criminal causes. A motion for leave to file a petition in error in a criminal cause, with the transcripts, containing marginal references, together with the assignments of error, shall be filed with the clerk at least five days before the same shall stand for hearing, unless, for good cause shown in any case, the court otherwise order.

RULE XVIII. Filing of motions. A motion can not be filed on the day set for its hearing, except by a special leave of the court.

RULE XIX. Briefs on motion for leave. 1. A motion for leave to file a petition in error will not be considered, unless counsel for the applicant file with the papers in the case either a printed or plainly written brief, containing a statement of the questions presented, and a short statement of so much of the case as may be necessary to show how the questions arise.

2. Petition in error in civil cases from the circuit court is filed without leave of court; fees, $5.

RULES OTHER THAN THOSE PECULIAR TO THE SUPREME COURT.

RULE XX. Making up records. Records of cases decided shall be made as follows:

1. In all cases in which the supreme court and district or circuit court have original jurisdiction, a full record shall be made up.

2. In cases in error in said courts, no record shall be made, except at the request and costs of the party desir