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COURT OF COMMON PLEAS.

FOR THE CITY AND COUNTY OF NEW YORK.

RULES.-ADOPTED JUNE, 1848.

RULE 1.

The general terms for hearing appeals and other business required by law to be heard at those terms, shall be held on the fourth Monday of each month, except July and August; shall continue for one week, necessary, and open at 10 A. M. on each day.

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RULE 2.

The special terms for the trial of all issues of fact and law, and hearing of all matters, except business to be heard at the general terms, shall be held on the first Monday of each month except August, shall continue for three weeks if necessary, and may be continued for the fourth week, by the judge holding the same, when he is not engaged at the general term.

RULE 3.

The special term for the trial of issues of law will be held at chambers, and open at 12 M. The calendar will be called daily in order. The special term for the trial of issues of fact will be open at 10 A. M.

RULE 4.

Motions that may be made out of court and chamber business, will be heard before a Judge at chambers daily between 10 and 12, A. M. Appeals from such motions shall be submitted at the Saturday of the general term.

RULE 5.

Notice of trial or argument shall be for the first day of term.

RULE 6.

The clerk shall prepare a calendar for the general term, and calendars for the special terms; one containing the issues of fact to be tried, and the others containing the issues of law.

RULE 7.

Where the parties agree in writing to waive a trial by jury, the note of issue shall state such consent, and the consent be filed with the note of issue. The clerk shall place such causes on a separate part of the calendar. Where the parties consent on a cause being called, that the same be tried without a jury, such cause shall be placed on such calendar in its order.

RULE 8.

A term of the court for any other business than the trial of issues of fact or law shall be held at chambers on the first Monday of August, and continued for four weeks.

RULE 9.

The present June term of this Court is continued until the last Saturday of July, for trials and arguments. After the third Monday of July, during that term, causes will be tried and arguments heard only on consent of both parties.

RULE 10.

Arguments of enumerated motions in causes commenced before the first day of July, 1848, will be heard at the general terms, and shall be brought on upon notice, as now provided for by the rules of the court, for the first day of such term.

These rules shall take effect on the third day of July, 1848.

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ADDITIONAL RULES.-ADOPTED JAN. 9, 1850.

RULE 1.

The present calendar of issues of fact shall be continued from term to term, until the same is finished, during the year 1850, commencing at each succeeding term, where the court left off at the preceding

term.

RULE 2.

The causes hereafter noticed for trial shall be added to the calendar at the end thereof, for each term in order, except those which may previously be upon the calendar for trial; but no new note of issue need be filed for any cause on the calendar.

RULE 3.

Causes which may be set down for the third week of the term, if not disposed of during the term, and causes so ordered by the court, shall be called at the commencement of the succeeding term, before proceeding with the calendar.

RULE 4.

Causes that are passed on the calendar, and go down, or are postponed for the term, must be placed again forthwith at the foot of the calendar by the clerk, unless otherwise ordered by the court at the time of postponement.

RULE 5.

These rules are not intended to dispense with the notice of trial for each term, as required by the statute.

ADDITIONAL RULE.—ADOPTED MARCH 24, 1850.

Ordered, That orders to show cause on non-enumerated motions will not hereafter be granted, except upon affidavit showing the necessity of making the time of notice shorter than is required in the code; and where such order is returnable on any other day than the first day of the special term, the reason therefor must be stated in the affidavits on which the motion is founded.

The court will hereafter enforce the rule of the supreme court in regard to the printing of cases and bills of exceptions, except where they have already been prepared for the use of the court.

ADDITIONAL RULE.-ADOPTED, MARCH, 22, 1851.

For the purpose of regulating the review of questions of practice decided by a single judge, the court adopt the following rule:

Upon the decisions 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 and submitted for review, on written points to be shown to the opposite counsel, and then handed to the court.

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

ADDITIONAL RULES.-ADOPTED NOVEMBER 29, 1851.

Ordered, That the Clerk be directed to give notice of the following order:

All Notes of Issue for every subsequent Term must state distinctly the nature of the Issue, (whether an Issue of Fact to be tried by the

Jury, an Issue of Fact to be tried by the Court, an Issue of Law, &c.) Such Notes shall also state whether the case was on the Calendar at the close of December Term, 1851, and if so shall state the number of the cause on that Calendar.

The Clerk is directed not to enter any cause upon the Calendar, unless the Note of Issue therein conforms to the foregoing direction.

Ordered, That the following be adopted as the ap pointment of the Terms of this Court for the years 1852 and 1853 :

Appointment of the Terms of the Court of Common Pleas for the City and County of New York, for the years 1852 and 1853.

General Terms for hearing arguments shall be held on the first Monday of March, July, and November in each year, and shall continue for three weeks if necessary.

General Terms for making decisions, and for the submission of Appeals from the Marine and Justices' Courts, and from orders at the Special Term, and for the review of orders under the rule of 22d March, 1851, shall be held on the fourth Monday of each month, except July and August.

Special Terms for Motions and the trial of Issues of Law shall be held on the first Monday of January, February, April, May, June, September, October, and December, and for all other purposes except the hearing of Motions for New Trials and trials of Issues of Law, on the first Monday of March, July, August, and November.

Two Special Terms for the trial of Issues of Fact shall be held on the first Monday of January, February, April, May, June, October, and December; and one Special Term on the first Monday of September, and shall continue three weeks. The Judge holding such Term may continue the same during the fourth week if he shall deem it expedient.

During the General Terms, Motions may be made at chambers between 10 and 11 o'clock, A. M.

OF THE

SUPREME COURT, CIRCUIT COURT,

AND

COURTS OF OYER AND TERMINER,

OF THE STATE OF NEW YORK,

FOR THE YEAR 1853.

First Judicial District.

PUTNAM.

General Terms.-On the first Monday of Feb-1853-2d Monday of May. ruary, May, October, and December.

Special Terms.-On the first Monday of January, March, April, June, September, and November, and every Saturday during the year.

Oyer and Terminer.-At the same time with the circuits in the months of April and November.

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