person, this court, or such justices thereof, shall, if sufficient reason appear therefor, sign an order granting leave to such person to prove the facts in relation to such exception or statement. Such proof shall be made by deposition, taken after three days' notice to the opposite party, or his attorney, of the time and place of taking the same, which shall contain a copy of the order granting such leave, and within ten days after the taking of such depositions shall be concluded, the opposite party may, after like notice and in like manner, take depositions of witnesses in relation thereto. Such depositions shall be taken and certified before the same persons and in the same manner, in all respects, as is provided by law in the case of depositions taken within this territory.

XXVII. All motions for rehearing shall be in writing, and filed within three days after the judgment is rendered or order made, and during the term at which the judgment or order is rendered or made.

XXVIII. No transcript or paper filed in a cause shall be taken from the court room or clerk's office, except by written order of the court, or one of the justices.

XXIX. The party filing the transcript shall be primarily liable for costs. In no civil case shall the clerk be required to remit the final papers until the costs accrued in this court are paid.

Rules adopted at the August Term, A. D. 1871.

I. At or before filing the transcript in each case on appeal, the party filing the same shall deposit with the clerk the sum of twentyfive dollars, to be applied on the payment of the costs in this court. II. In all cases at law in which the supreme court has original jurisdiction, the præcipe for a summons shall specify the rule day upon which the summons shall direct the defendant to appear; and on or before such day the declaration shall be filed; and at the rule day next succeeding, except upon an order or notice from a justice. of this court, the defendant shall plead to the same.

III. In cases commenced in this court, which may be tried before a justice of the supreme court, while holding a district court in his district, the clerk, upon the application of either party, shall send and certify the case and papers to the court below, where, upon reasonable notice to the other, either party may bring the case to trial.

2

ATTORNEYS AND COUNSELORS AT LAW,

LICENSED AND ADMITTED FROM THE ORGANIZATION OF THE TERRITORY TO THE JANUARY TERM, 1873.