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utes taken by the register, or assistant register, respecting what was read or used in the court below, or offered and overruled on objection, or admitted at the hearing; authenticated copies of which pleadings, proofs, and exhibits, or such of them as may be relied on by either party, shall be produced at the hearing by the parties.
10. That the party appealing shall, in every case, cause the petition of appeal, with the matter to be annexed to the same, as aforesaid, to be brought into this court, and filed with the clerk thereof, by the day mentioned in such petition, or when duly prepared by the officer as before directed, or in default thereof shall lose the benefit of such appeal, unless this court shall see cause to allow a further day for that purpose.
11. That on the petition of appeal being filed, as aforesaid, the appellant may thereupon, as of course, obtain an order for the respondent to answer the petition of appeal in eight days after service of a copy thereof, or be precluded; and if the respondent shall not comply with the said order, he shall be precluded from answering the petition of appeal, and the appellant may proceed to take such decree as the case may require.
12. That previous to any argument of counsel upon any appeal, a state of the case of each party, as it appears on the pleadings and proofs, and to be signed by their respective counsel, shall be delivered to each member of the court.
13. That in cases of writs of error, the attornies for the parties respectively, and in cases of appeals, the solicitors for the respective parties, in the courts below, shall be deemed the attornies and solicitors for them respectively in all the proceedings on such writs of error, or appeals in this court, under these rules, unless a new attorney or solicitor shall have been employed in this court and notice thereof given.
14. That all causes which have been put at issue in this court, and ready for argument, but not argued during the session thereof, and consequently continued to the next session, shall be deemed to be set down for argument for the first day of such next session; and the clerk of this court shall make a list thereof, arranging them in the order in which the joinder in error, or an
swer to the petition of appeal therein was filed, and a list of all causes, whether on writs of error or appeal, which shall be put at issue during the session of this court, shall in like manner be made by the clerk and added to the list; and when this court shall be ready to proceed to the hearing of causes, the same shall be called in the order in which they stand on the list.
15. When any cause put in the list as aforesaid, shall have been twice called and passed in consequence of the plaintiff in error, or appellant, not being in readiness to proceed with the argument thereof, the defendant in error shall be entitled to a judgment of non pross of the writ of error, and the respondent to a decree dismissing the appeal, as the case may be, with costs, unless this court on good cause shown shall otherwise order.
16. That the remittitur, in case of a writ of error, shall contain a copy of the judgment of this court annexed to the writ of error, and the transcript of the record of proceedings, as brought into this court, under the seal of this court, and signed by the clerk thereof; and the remittitur, in case of an appeal, shall contain a copy of the decree or order of this court annexed to the petition of appeal, and the matters thereto annexed as brought into this court, under the seal of this court, and signed by the clerk thereof.
17. That all costs awarded by this court, in causes upon writs of error or appeal, shall be taxed by the chancellor or a judge of the supreme court, and inserted in the judgment of this court, and form part of the remittitur, for which costs the supreme court shall award execution according to the course of that court; and all costs awarded by this court, in cases upon appeals, shall be taxed in like manner, and the court shall award execution for the same, or enforce payment thereof, according to the course and practice of that court.
18. That no member of this court shall, as attorney, solicitor, or counsel, be concerned in or argue any cause in this court, either upon error or appeal, unless such member was, without reference to this court, actually retained and employed in the cause in the court below, before the judgment or decree on which the writ of error or appeal is founded was rendered : provided, however, that this rule shall not extend to causes in which any member of this court was actually retained as attorney, solicitor or counsel, previous to the adoption thereof.
19. That at the hearing of causes on appeal or writs of error, not more than one counsel shall
argument, and no more than two counsel shall answer, and no more than one counsel shall reply or close, except in special cases on appeal, where there are distinct parties on the same side having distinct interests in question.
20. That special motions shall require a notice to the opposite party of such motion, to be duly served two days at least before the motion is to be made.
21. That in all cases on error and appeal brought into this court, the judges in cases of writs of error, and the chancellor in cases of appeal, shall give the reasons for their judgment or decree, immediately after the reading of the record or decree, and before any counsel in the cause is heard.
22. That when an appeal from any decree of the chancellor shall be heard in this court, the chancellor may state his opinion npon eve matter that shall arise on such hearing, but shall not have a voice in the decision of the court on any question whatever arising on such appeal; and that when a cause shall be brought into this court by a writ of error on the question of law in a judgment of the supreme court, the judges of such court may severally state their opinions upon every matter that may arise on such hearing, but shall not have a voice in the decision of the court on any question what-ever arising in the cause so brought into this court.
23. That hereafter it shall be the duty of the appellant or plaintiff in error in this court, to deliver a copy of the opinion of the chancellor or supreme court to each member, as an appendix to his case, previous to the argument thereof.
24. That in cases not already provided for the practice of this court shall be similar to the practice of the court of exchequer chamber in England ; and that on appeals it shall be conformable to that of the house of lords in England, when sitting as a court of appeals, until further order, and that all former rules made by this court relative to its practice be vacated.
OF THE STATE OF NEW-YORK. 1. Upon the appearance of a quorum, the speaker shall take the chair, and the members shall be called to order.
2. Immediately after the speaker shall have taken the chair, the minutes of the preceding day shall be read by the clerk, to the end, that any mistakes therein may be corrected by the house.
3. The speaker shall preserve order and decorum, and shall decide questions of order, subject to an appeal to the house: he shall have the right to name any member to perform the duties of the chair, but such substitution shall not extend beyond an adjournment.
4. The speaker shall not vote in any case, unless where the vote shall be by ballot; or when the House shall be equally divided; or when his vote added to the minority, shall make an equal division; and in case of such equal division, the question shall be lost.
5. When the house adjourns, the members shall keep their seats until the speaker leaves the chair.
6. Every member, previous to his speaking, shall rise from his seat, and address himself to the speaker.
7. When two or more members rise at once, the speaker shall name the member who is first to speak.
8. No member shall speak more than twice to the same question without leave of the house; nor more than once, until every member, choosing to speak, shall have spoken.
9. No motion shall be debated or put, unless the same be seconded. When a motion is seconded, it shall be stated by the Speaker, before debate; and every such motion shall be reduced to writing, if the speaker, or any member, desire it.
10. After a motion is stated by the speaker, it shall be deemed to be in possession of the house; but may be withdrawn at any time before decision or amendment.
11. When a question is under debate, no motion shall be received, unless to amend it; to lay it on the table; to commit it: to postpone it to a day certain; for the previous question; or to adjourn.
12. A motion to adjourn shall be always in order, and shall be decided without debate.
13. The previous question, until it is decided, shall preclude all amendment and debate of the main question, and shall be decided in this form-Shall the main question be now put ?
14. No member shall speak more than once, without leave, upon a previous question.
15. A motion for commitment, until it is decided, shall preclude all amendment of the main question.
16. Every order, resolution, and vote, to which the concurrence of the Senate shall be necessary, shall be read to the House, and laid upon the table, on a day preceding that in which the same be moved, unless the house shall otherwise allow.
17. Petitions, memorials, and other papers, addressed to the house, shall be presented by the Speaker, or by a member in his place.
18. Every member who shall be present when a question is stated from the chair, shall vote for or against the same, unless the house shall excuse him, or unless he be immediately interested in the question; in which case he shall not vote; but no member shall be permitted to vote upon any question, unless present when his name is called upon a division in i's iegular order.
19. While the speaker is putting a question, no member shall walk out of, or across the house; nor when a member is speaking, shall any member entertain any private discourse, or pass between him and the chair.
20. A member called to order, shall immediately sit down,' unless permitted to explain; and the house, if appealed to, shall decide on the case, but without debate; if there be no appeal, the decision of the chair shall be submitted to.
21. Every bill shall be introduced by motion for leave, or by an order of the house on the report of a committee; and one day's notice, at least, shall be given of a motion to bring in a bill, unless the house unanimously allow