Causes on the jury before the cause is on the consent of the attorneys.

RULE FOURTEEN.

calendar may be reversed generally at any time day calendar, by filing with the clerk the written Motions to, put such causes on the day calendar, may be made to the judge holding the special term, on two days' notice.

RULE FIFTEEN.

It shall be the duty of the attorney, by whom the copy pleadings shall be furnished for the use of the court on a trial, to plainly designate on each pleading, the part or parts thereof admitted or controverted by the suc ceeding pleading.

RULE SIXTEEN.

The general jury and special terms for the trial of causes, shall respectively be opened at eleven o'clock in the forenoon.

RULE SEVENTEEN.

No ex parte order for the substitution of attorney for either party to any action pending in this court shall be granted, unless upon the consent in writing, signed by the party and his attorney, duly acknowledged or proven by affidavit.

RULE EIGHTEEN.

No case or exceptions to be annexed to the judgment roll shall hereafter be filed with the clerk of this court, unless the same is so ordered by the justice or referee who tried the cause.

RULE NINETEEN.

No case or exceptions will be ordered to be. filed until it shall have been engrossed or printed, after settlement, with all the papers and exhibits required to be inserted therein.

RULE TWENTY.

If no case or bill of exceptions is on file, or if one is on file without the order of the judge or referee who tried the cause, directing the same to be filed, then the cause shall not be put on the general term calendar.

The general term clerk shall specify, on the general term calendar, by what judge or referee said cause was tried.

RULE TWENTY-ONE.

All notes of issue for the general term, shall hereafter specify the day on which the case or bill of exceptions was filed, by what judge or referee the cause was tried, and whether the case or bill of exceptions has been ordered to be filed by that judge or referee. The clerk will not receive any note of issue which does not comply herewith.

RULE TWENTY-TWO.

Case or exceptions presented for settlement shall have plainly marked, upon the proposed case or exceptions, and also upon the stenographer's minutes of the evidence, the parts to which the proposed amendments are applicable, together with the number of the amendment.

:

SPECIAL CALENDAR.

RULE TWENTY-THREE.

In actions on contract, where there is reason to believe that the defense is interposed for the purpose of delay, and the trial will not occupy more than one hour, the plaintiff may apply by motion at special term, on a notice of four days, to have the issue placed upon a special calendar for trial (serving with such notice any affidavits or papers he may wish to use on the motion which have not already been served), and the same may be so ordered, in the discretion of the justice before whom the motion shall be made.

If such motion be granted, the cause will be entered on the special calendar, to be made by the clerk, on receiving a note of the issue, specifying the number of the cause on the general calendar, and the date of order directing it to be placed on such special calendar; such notes of issue to be filed with the clerk four days before the day on which the cause shall be so entered.

The special calendar shall be called on the second and last Friday of each jury term, in part first, by the justice there presiding, and the causes may be tried in either part as may be directed by such justice.

If the trial of the cause shall occupy more than one hour, the trial may be suspended, at the discretion of the court, and the cause be placed at the foot of the general calendar.

All rules heretofore adopted are hereby abrogated.

RULES OF THE COURT OF COMMON PLEAS

FOR THE CITY AND COUNTY OF NEW YORK, 1870.

GENERAL TERMS.

RULE ONE.

There shall be a general term of the court held in the months of January, February, March, April, May, June, October, November and December, commencing on the first Monday in each month.

RULE TWO.

A note of issue of cases for the general term calendar must be filed with the clerk for each term, at least eight days before the first day of the term; but no case on appeal from the marine or a district court will be put on the calendar unless the return has previously been filed, and all such cases will be put upon the calendar in the order in which the returns have been filed.

RULE THREE.

The calendar will be called on the first Monday of the term; and in appeal cases arising in this court, the parties may, by consent, reserve the argument until the second week in term, when all so reserved will be called in their order upon the calendar. But in appeals from the marine or justices' courts, no such reservation will be allowed, and counsel therein must be prepared for the argument when the case is reached in its order.

RULE FOUR.

Motions and appeals from orders shall be heard in the general term on the first Monday in term, at the opening of the court; and in cases of appeals from orders, the appellant shall serve upon the respondent, at least eight days before the first day of the term, a complete copy of the papers upon which the appeal is to be heard.

RULE FIVE.

In calendar causes other than appeals from the marine and district courts, the parties shall deliver five copies of the printed papers and points to the clerk at the commencement of the argument.

RULE SIX.

In appeals from the marine and district courts, if the appellant does not procure the return to be made to this court within the time prescribed in section 360 of the Code of Procedure, the respondent may serve a notice in writing, requiring the same to be done within ten days thereafter, and that in default thereof he will apply to the general term, on the first day thereof, for an order dismissing the appeal; and upon proof of the service of such notice, and of a non-compliance therewith, such order will be granted unless the court grant further time for the filing of such return.

RULE SEVEN.

If the court below shall not make the return to this court as prescribed by the Code, the appellant may apply by motion to a judge at chambers to compel such return by attachment.

RULE EIGHT.

All motions to open defaults taken at the general term must be made at the special term.

There shall be a special term of the court for the trial of issues of law, and for the hearing of motions and granting of ex parte orders, held during each month in the year, commencing on the first Monday of each month, and terminating on the Saturday immediately preceding the first Monday of the succeeding month.

JURY TERMS.

RULE TEN.

There shall be two terms of the court for the trial of causes by jury, denominated respectively "Part First" and "Part Second," held in the months of January, February, March, April, May, June, October, November, and December, commencing on the first Monday of each month.

The calendar for the trial of equity causes will be called on the fourth Monday of each trial term.

RULE ELEVEN.

Fifteen cases will be placed on each day calendar.

The day calendar will be called through each morning at the opening of the court. The plaintiff, on failure of the defendant to appear, may take an inquest, and the defendant, on failure of the plaintiff to appear, may have a dismissal of the complaint. No calendar will be made for Saturday.

RULE TWELVE.

Causes may be generally reserved by a written consent of the attor neys, filed at any time before the cause is on the day calendar. Causes so reserved may afterwards be placed on the day calendar, if reached in order on the general calendar, on the application of either party to the judge at chambers (provided two days previous notice of such application be given to the adverse party); or by consent of the attorneys, filed with the clerk. RULE THIRTEEN.

It shall be the duty of the attorney by whom the copy pleadings shall be furnished for the use of the court, on a trial, to plainly designate on each pleading the part or parts thereof admitted or controverted by the succeeding pleading.

RULE FOURTEEN.

The general and jury terms for the trial of causes shall respectively be opened at eleven o'clock in the forenoon.

RULE FIFTEEN.

Cases or exceptions presented for settlement shall have plainly marked upon the proposed case or exceptions, and also upon the stenographer's minutes of the evidence, the parts to which the proposed amendments are applicable, together with the number of the amendment, and shall desig nate on the amendments those which are agreed to, and those which are disagreed to.

SPECIAL CALENDAR.

RULE SIXTEEN.

In any action on contract, where there is reason to believe that the defense is interposed for delay or that the trial will not occupy more than one hour, either party may, upon a notice of four days, apply at chambers to have the cause placed upon the special calendar for short causes, and which will be made up for the third Friday in each trial term.

If the motion be granted, the order shall forthwith be delivered to the clerk, with a notice of the number of the cause on the general calendar.

If the trial be not concluded in one hour, it will be suspended, and the cause will thereupon be put at the foot of the general calendar, unless the presiding judge shall otherwise order.

GENERAL RULES.

RULE SEVENTEEN.

All bonds required to be given by an assignee, under the act of April 13, 1860, respecting voluntary assignments for the benefit of creditors, must specify the place of residence of each surety named therein at the time of presenting it for approval; it must be accompanied by an affidavit showing the nominal value, and also the actual value, of the property assigned; and no bond will be hereafter approved until these requirements are complied with.

RULE EIGHTEEN.

No bond or undertaking will be allowed to be filed by the clerk of this court in his office unless the same is legibly written, and all interlineations or erasures therein are duly noted as having been made before the execution thereof.

RULE NINETEEN.

Upon the decision of motions made before a single judge at chambers, or at special term, in cases in which no appeal is allowed by section 349 of the Code, the judge may, if he deem the question of such importance and doubt as to render a review by the general term proper, give a certificate thereof; and the party desiring such review shall, within six days after the decision of such motion, procure such certificate, and serve a copy thereof, with a notice of hearing, for the next general term for which the same can be noticed; and thereupon such motion shall be brought on for argument in the same manner as appeals from orders.

Such certificate shall not operate as a stay of proceedings, unless such stay of proceedings be expressly ordered.