Page:North Dakota Reports (vol. 3).pdf/12

viii Compiled Laws of 1887, and the acts amendatory thereto; and if not served ninety days before the first day of the next succeeding term of the Supreme Court, the cause shall not then be tried.

.] Writs of error in criminal causes shall be allowed in all cases from the final decisions of the District Courts to the Supreme Court. The party seeking the writ must apply to the Chief Justice or to one of the Judges of the Supreme Court, by petition, verified by affidavit, setting forth clearly and succinctly the chief matters of error complained of. All superfluities and unnecessary recitals must be excluded from the petition. Immediately after the issuing of the writ of error, a citation to the adverse party to be and appear at the Supreme Court, on a day and hour to be therein designated, shall be issued by the Clerk of this court, and by him delivered or sent by mail to the plaintiff in error or his attorneys, who shall cause the same to be served on such adverse party or his attorney at least ten days before such designated day.

.] When a sufficient time intervenes, the citation provided for in the preceding rule shall be made returnable on the first day of the next succeeding term; otherwise it shall be made returnable on some day during such term; and writs of error in criminal cases may issue and citations be made returnable on any day during term time.

.] When a writ of error is allowed and issued, it shall be the duty of the plaintiff in error forthwith to file with the Clerk of this court the petition in error, and a failure to do so shall be cause for the dismissal of the writ; and such petitions shall be filed by the Clerk as of the day when the writ was allowed.