leaded. The heading of each brief shall show the title of the cause, the court from which the cause is brought, and the names of counsel for both parties. 12. [COSTS.]-When the parties or their attorneys shall furnish their printed briefs in conformity to the rules of this court, or briefs and printed abstract under stipulation for submission as provided for in rule 3, it shall be the duty of the clerk to tax a printer's fee at the rate of one dollar for every five hundred words embraced in a single copy of the same, against the unsuccessful party not furnishing the same, to be collected and paid to the successful party as other costs. When unnecessary costs have been made by either party, the court will, upon application, order the same taxed to the party making them, without reference to the disposition of the case. 13. [SECURITY FOR COSTS.]—In each cause brought to this court the plaintiff in error, appellant, or relator shall, before the entry of the same upon the docket, give security for costs by filing a bond in the sum of $50, with one or more sureties, conditioned for the payment of the costs of this court, which bond, in cases brought on error or appeal, must be approved by the clerk of the district court of the county from which such cause is brought, and in original causes by the clerk of this court. But this provision shall not apply in causes where a bond or undertaking has been filed in the court below, in accordance with the provisions of sections 588 and 677 of the Code of Civil Procedure, but in such causes the transcript filed must show the giving of such bond or undertaking, with the names of the sureties thereon; nor shall it apply in criminal cases where an affidavit of poverty is filed, as allowed by section 508, Criminal Code. The party bringing the cause to this court may, if he sees fit, deposit an amount with the clerk of this court sufficient to cover the probable costs of the action, and if he do so the bond required by this rule need not be given. 14. [APPEAL CASES-NOTICE.]—In every case of appeal the clerk shall, upon a præcipe being filed, issue a notice to the appellee of the filing of such appeal. Such notice shall be served in the same manner as a summons in error, and shall be returned within ten days after the officer receives the same, with the manner and time of service indorsed thereon. The fees for service of such notice shall be the same as allowed by law for serving summons in error, and shall be so taxed. 15. [TRIALS IN ORIGINAL CASES.]-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 a bailiff of this court, commanding him to summon from the state at large sixteen jurors having the qualifications of electors, to appear before this court on the day mentioned therein, which day shall be determined by the court before issuing 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 bailiff shall attach to or incorporate in his return a list of the names of the jurors so summoned. 16. [SAME.]—Each party shall be entitled to three peremptory challenges; and challenges for cause may be made by either party, the validity of which shall be determined by the court. If, from challenges or other cause, the panel shall not be full, the court may order the bailiff to fill the same from bystanders or neighboring citizens having the qualifications of electors. 17. [SAME.]-The jurors summoned or called as above provided, or such of them as are not set aside or challenged as will make up the number of twelve, shall constitute the jury for the trial of said issue of fact. 18. [SAME.]-Each juror shall be entitled to the same compensation and mileage as are provided by law for jurors in civil cases in the district court. 19. [SYLLABUS OF THE POINTS DECIDED.]-A syllabus of the points decided in each case shall be stated in writing by the judge or commissioner preparing the opinion, and such syllabus and opinion shall be examined and approved by the court before the same shall be reported. 20. [RECORDS NOT TO BE REMOVED.]-The clerk of the court is answerable for all records and papers belonging to his office, and they shall not be taken from his custody unless by special order of the court, or a judge or commissioner thereof, but the parties may have copies when desired by paying the clerk therefor. 21. [MANDAMUS-NOTICE.]—In all cases of application to this court for a writ of mandamus a reasonable notice must be given to the respondent of the time when it will be made, accompanied by a copy of the affidavit on which it is based, unless for special reasons it is otherwise ordered; and except in urgent cases, the time of the hearing shall be during the week to which the causes from the district in which the respondent resides are assigned. 22. [ADMISSION OF ATTORNEYS-FEES OF CLERK.]— In all cases of the admission of attorneys to the supreme court, the clerk shall be entitled to charge and receive the following fees, and no more: In cases of original admission upon the report of a committee, seventy-five cents; admission on motion, fifty cents. In addition to the above, in all cases where the attorney admitted may desire a certificate, printed or engraved, the clerk may charge and receive an additional fee therefor of one dollar. 23. [QUESTIONS NOT INVOLVED IN LITIGATION.]— Only questions involved in matters of actual litigation before the court will be entertained or judicially determined, and no opinion will be filed in answer to any merely bypothetical question. 24. [CAPITAL CASES-SUSPENSION OF SENTENCE.]— In all criminal cases brought on error to this court, where it appears that the court below has passed sentence of death upon the plaintiff in error, it is ordered that the sentence and judgment be suspended until the further order of this court, and it shall be the duty of the clerk to indorse such suspension upon the transcript filed in said cause and immediately transmit a certified copy thereof to the officer charged with the execution of said sentence. 25. [ORDERS UNDER BANKING ACT.]—No application for an order under the provisions of the banking act will be entertained, unless the same is accompanied by the recommendation of the state banking board in respect thereto. During vacation all orders necessary under said act shall be made and signed by the chief justice, as each exigency shall demand. |