ORIGINAL ACTIONS.

RULE 20. In proceedings in original actions relating to the revenue, process or notice of a motion shall be served on the defendant at least twenty days before the first day of the term. If there shall not be twenty days between the day of service and the first day of the term, or if a declaration setting forth the cause of action shall not be filed at least twenty days before the first day of the term, the cause may be continued on the application of the defendant.

FINAL PROCESS.

RULE 21. No final process shall issue in any case before the close of the term, unless, for good cause shown, the court shall otherwise order.

AGREED CASES.

RULE 22. No judgment will be pronounced in any agreed case placed upon the docket of this court, unless an affidavit shall be filed setting forth that the matters presented by the record were litigated in good faith about a matter in actual controversy between the parties, and that the opinion of this court is not sought with any other design than to adjudicate and settle the law relative to the matter in actual controversy between the parties to the record.

DOCKETING AND HEARING.

RULE 23. Causes in which the people are a party, and in which they have a direct interest in the decision, shall be placed at the head of the docket; all other cases shall be docketed and called for argument in the order in which the records shall have been filed with the clerk: Provided, however, that causes which, in the judgment of the court, involve important public interests may be advanced on the docket.

RULE 24. In preparing the docket of the business of the terms the clerk shall place upon the same all cases pending in which final judgment has not been entered, and in all such cases where the case shall have been submitted to the court for consideration the clerk shall note upon the docket the term at which such case was submitted.

RULE 25. All petitions for rehearing shall be docketed separate and apart from the trial docket.

CALL OF DOCKET-EXPIRATION OF RULES.

RULE 26. The trial docket shall be called numerically, and the causes shall be argued, continued or otherwise disposed of as they are called, unless, for good cause shown, they be placed at the foot of the docket. All unexpired rules will terminate upon the call of the cause for hearing: Provided, that if the court shall give time to either party without the consent of the other, the cause shall not lose its precedence on the docket.

CALL OF DOCKET-TIME OF FILING ABSTRACTS AND BRIEFS.

RULE 27. The call of the docket will commence on Thursday of the second week of the term and twenty cases per day shall be subject to call. Abstracts and briefs of the appellant or plaintiff in error must be filed in the clerk's office on or before twenty days before the first day of the term at which the cause will stand for hearing, together with proof of service of copies of such abstracts. and briefs on the opposite party or his counsel, personally or by mail, and in case either the abstract or brief is not so filed within the time prescribed, the judgment of the court below will, on the call of the docket, be affirmed. The appellee or defendant in error shall file his brief, with like proof of service, not later than the first day of the term, unless the time for filing the brief of appellant or plaintiff in error shall be extended, in which case he shall have twenty days from the day on which the brief of appellant or plaintiff in error is actually filed. Appellant or plaintiff in error shall then have seven days in which to file a reply brief, with like proof of service, at the expiration of which time the cause will stand for decision and no further printed arguments will be received. Upon good cause shown, further time to file abstracts and briefs of either party may be granted by said court in term time or by any judge thereof in vacation.

ORAL ARGUMENT.

RULE 28. Oral argument will be heard on behalf of each party who shall have complied with the rule for filing briefs, and who shall file with his briefs a statement of his intention to argue such

cause orally, which statement of intention to argue orally shall be printed at the bottom of the outside or first page of the cover of the brief, and no further brief shall be received on behalf of any party after he shall have argued the case orally. The time allowed for oral argument shall be restricted to one hour on each side, unless otherwise specially permitted. But in the division of his time the appellant or plaintiff in error shall make a fair opening of the cause, and shall not raise any new point in reply. Oral argument shall be strictly confined to the questions at issue in the cause: Provided, that where any cause shall be argued on one side only, such argument shall be restricted to thirty minutes.

TRANSFERRED CAUSES..

RULE 29. Where a cause is transferred to this court from an Appellate Court, for the reason that it was wrongfully taken to that court when it should have been taken directly from the trial court to this court, the same rules shall govern, in reference to the preparation and filing of briefs and abstracts and in reference to docketing and hearing the cause, as though it had been brought here by appeal from the Appellate Court, the date of the order of the Appellate Court transferring the cause being regarded, for the purposes of this rule, as though it were the date of an order allowing an appeal in the cause from the Appellate Court to this court.

REHEARINGS-HOW APPLIED FOR.

RULE 30. The manner of applying for a rehearing shall be as follows: Within fifteen days after an opinion is filed, a party desiring a rehearing shall file a notice in writing of his intention to make such application with the clerk of this court, and shall, within said time, deliver a copy thereof to the official reporter of this court, and within twenty-five days after the filing of the opinion shall place on file in the clerk's office twelve printed copies of the petition, and within the same time deliver a copy to said official reporter. Application for a rehearing in any cause shall be made by petition to the court, signed by counsel, stating concisely the points supposed to have been overlooked or misapprehended by the court, with proper reference to the particular portion of the original abstract and brief relied upon. In no case will any argu

ment be permitted in support of such petition. This rule will be strictly enforced, and any petition in violation thereof will be stricken from the files.

STAY OF PROCEEDINGS ON PETITION.

RULE 31. Where an opinion is filed and a petition for rehearing shall afterwards be presented to a justice of the court, if such justice shall certify that in his opinion the case should be further considered by the court on such petition all further proceedings in the cause shall be stayed until the next term of the court. If it is practicable to do so, such application shall be presented to the justice who wrote the opinion in the case.

DOCKETING REHEARINGS-TIME OF FILING BRIEFS.

RULE 32. When, in any case, a rehearing is granted, the case shall be placed for hearing at the foot of the docket. The original brief and argument of the petitioner shall stand as his printed brief and argument, on the hearing. The opposite party shall, in all such cases, have ten days from the time of granting the rehearing to reply to the petition and the petitioner shall have five days to file his closing argument, and the case shall then stand for final decision. Where a cause is re-heard, oral argument shall not be permitted except it be ordered by the court upon its own motion, and, when oral argument is allowed, if the party against whom the rehearing is granted wishes to avail himself of the permission to argue orally, his closing printed argument must be filed on or before the calling of the cause. Oral argument on both sides, when allowed, shall close the arguments in the case.

CLERK'S FEES ADVANCED.

RULE 33. There shall be advanced by the party filing a transcript of the record from the court below in this court, at the time of filing the same, the sum of ten dollars, and by the defendant in error or appellee, at the time he enters his appearance, the sum of five dollars. In case more than one defendant in error or appellee shall join in the same brief, then said appearance fee of five dollars shall serve for all who so join. Said sums shall apply on account of taxable fees to the clerk; but no additional advanced fees shall be required of either party, except as fees are earned if

the case shall be again docketed on any motion, petition for rehearing or for any other purpose.

TAXING PRINTER'S FEES FOR ABSTRACTS.

RULE 34. Upon printed abstracts being furnished in conformity to the rules of this court, it shall be the duty of the clerk to tax a printer's fee at the rate of twenty cents for each one hundred words of one copy of such abstracts against the unsuccessful party not furnishing the same, as costs, to be recovered by the successful party furnishing such abstract. Appellees or defendants in error who shall file additional abstracts under the rules of this court shall, if successful in the cause, be entitled to have taxed like fees for such additional abstracts on motion, if the court shall be of the opinion that such additional abstracts were necessary.

LIBRARY.

RULE 35. The librarian of the law library attached to this court shall not permit any person, except those authorized by these rules, to take from the rooms of this court any book or books belonging to said library without the consent of the court being first obtained for that purpose; and if any person not so authorized shall take away a book without such consent, such person shall be considered in contempt of the court, and may be fined at the discretion of the court.

RULE 36. Books may be taken from the library upon the written order of a judge of the United States circuit or district court. RULE 37. The books of the law library shall not be marked or underlined with pen or pencil, nor shall the pages of the same be folded down. The librarian shall adopt such rules as to the safe keeping of the books as he may deem expedient.

SENIORITY-CHIEF JUSTICE-ORDER OF SUCCESSION.

RULE 38. Seniority among the justices shall be determined by length of continuous service, but if the terms of two or more justices shall begin at the same time, they shall determine the seniority, as between or among themselves, by lot, unless they shall be able to determine it by agreement. The term of chief justice shall begin on the first Monday of June in each year. No justice shall