require a fee of fifty cents from every appli cant registered. 28. [Same Commission AppointmentDuties.]-The court will, on or before the opening of the September term in each year, appoint a commission composed of five (5) persons, learned in law, to conduct examinations for the ensuing year. The commission so appointed shall, prior to the examinations, examine the proofs of qualifications filed in accordance with the foregoing rules, and may make such further investigation as to the qualifications of any applicant as it shall deem expedient. On the day appointed it shall commence the examination of applicants. The method of conducting the examinations shall be left to the discretion of the commission, it being expected that the commission will, in the conduct of such examinations, and in the investigation of the qualifications of applicants, take care that no person shall be recommended for admission who has not in all particulars shown himself to be well qualified. Oral examinations shall be reported by the stenographer of this court. 29. [Same-Report.]-As soon as practicable after the conclusion of the examination, the commission shall make a written report to the court of its conclusions, and all persons who shall be recommended for admission by a majority of the commissioners shall thereupon be admitted to practice, on taking the oath prescribed by law.

30. [Same-Rejection of applicant-Further certificate.]—If an applicant shall be rejected, he shall not again be admitted to an examination for one year from the time of such rejection, and until he shall file a certificate that he has studied law for one year since his rejection.

34. [Assignments of error on appeal.]-The party appealing must also file with his transcript and præcipe, or within thirty days after the adoption of this rule, a typewritten or printed brief setting forth only the errors complained of, and until further order must serve and file printed briefs of his points and citations in support thereof as provided in rules 9 and 10.

35. [Cross-appeal.]-Co-parties of appellants may join in the appeal or take cross-appeal, or other appellees may take cross-appeal by filing with the clerk of this court a typewritten or printed brief which shall contain only the errors complained of, the court from which the appeal is taken, the date of the judgment appealed from, and the names of the parties plaintiff and defendant respectively. Such brief must be filed within thirty days after service of notice of appeal upon them, or within the same time after having waived such service or within the time limited by statute for appealing.

If such cross-appeal is taken more than thirty days after the service of the notice of appeal upon the party taking such cross-appeal, the præcipe required by rule 33 must be filed with such cross-appeal and notice be issued and served thereon, and such crossappeal shall not delay the hearing of the first appeal.

36. [Notice of appeal.]-Upon the filing of said transcript and præcipe, where no notice of appeal has been filed in the district court within ninety days after the rendition of the judgment or decree, the clerk shall issue a notice of appeal which shall designate as appellants the names of the parties joining in the appeal, and as appellees the names of all other parties. It shall also designate the court from which the appeal is taken and the date of judgment appealed from and sepa

32. [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 hypothetical question.

33. [Præcipe.] The party or parties appealing shall file with the transcript, or within thirty days after the adoption of this rule, a præcipe which shall state the court from which the appeal is taken, the date of the judgment appealed from, the names of all parties and their relations to the case as they appeared in the court below. The præcipe shall also specify the party or parties appealing and designate all others made parties to the appeal as appellees.

and the parties defendant respectively in the court below. The notice shall be returnable within thirty days after it is issued, and shall be served upon the appellees named therein or their attorney or attorneys of record in the court below. The service shall be made by the sheriff of the county in which the parties or attorneys may be found and as provided by law for the service of summons in civil actions in the district court. The issuing and service of the notice may be waived by writing, signed by the parties to be served, but such waiver will not dispense with the filing of the præcipe.

37. [Attorneys of record below attorneys in this court.]-The attorneys of record and guardians ad litem of the respective parties in the court below shall be deemed the attorneys and guardians of the same parties respectively in this court, until others are retained or appointed and notice thereof served on the adverse party.