the county in which the action is triable, or in an adjoining county, such application may also be made at a circuit court in the county in which the action is triable. But when a reference, or writ of inquiry shall be ordered, the same shall be executed in the county in which the action is triable.

RULE 92. All actions depending in this court on the 12th day of April, 1848, may be conducted according to the rules of this court adopted in July, 1847, so far as the same are applicable.

In cases where no provision is made by statute, or by these rules, the proceedings in this court shall be according to the customary practice, as it has heretofore existed in the Court of Chancery and Supreme Court, in cases not provided for by statute, or the written rules of the

court.

These rules shall take effect on the first day of September, 1849.

SUPERIOR COURT.

ADOPTED, January 18th, 1851.

RULE 1. The general and special terms of the court will be held on the first Mondays of January, February, March, April, May, June, October, November, and December, in each year, and will continue until the last Saturday of such months, respectively.

RULE 2. At the general terms, the court will hear appeals, enumerated motions, and causes transferred from the Supreme Court, pursuant to the act of 1849, which have not heretofore been heard. The general term will open at eleven o'clock, a. M.

RULE 3. The special terms will consist of a trial term, held by two Justices severally, and a term held by one Justice, which will be designated the special term. For the trial term, the clerk will prepare a calendar, containing the issues of fact to be tried by a jury. Such calendar will be called and regulated by the Justice holding the principal trial court. The other Justice, at the trial term, will aid him in the side court, as heretofore practised. The trial term will open at ten o'clock, A. M.

RULE 4. For the special term, the clerk will prepare a calendar, containing, first, the issues of law noticed for argument at such term, and second, all issues of fact noticed for trial, which are designated on the notes of issue, as causes not required to be tried by a jury, by section 253 of the Code of Procedure, or in which a jury trial is waived. The special term will open at ten o'clock, A. M., and the first hour will be devoted to the giving of judgment in undefended causes, and the hearing of litigated non-enumerated motions. The calendar will be taken up each day, at eleven o'clock, a. M.

RULE 5. Non-enumerated motions will be heard by one of the Justices at the Special term Room and the Chambers, daily, at ten A. M., throughout the year,-except on New Year's Day, Good Friday, the Fourth of July, the day of the Annual Election, Thanks

giving Day, and Christmas. For such motions, and for the purpose of making all necessary orders, and giving judgments in causes under chapter first of title eight, of the second part of the code, a Special Term will be held every day during the vacations, at ten o'clock, A.M.

RULE 6. The Justices designated to hold the general terms, will attend at Chambers daily, during their respective terms, from ten to eleven, A. M., to dispose of ex parte applications, and of non-enumerated motions in which all the parties are present or represented. All applications for ex parte orders, and for judgment upou failure to answer, during the general terms, must be made before eleven o'clock, A. M.

RULE 7. Appeals from all orders made on non-enumerated motions, will be heard on each Saturday during the general terms, at eleven A. M., and must be noticed for that time.

The court, at the conclusion of the June term, will appoint general terms, for hearing such appeals only, to be held during the vacation.

RULE 8. A party intending to move to set aside a verdict as against the evidence, must obtain from the Justice who tried the cause, an order staying the proceedings for that purpose. Such a motion will not be entertained, unless the stay of proceedings be obtained and served within four days after the entry of the judgment by the clerk, or before the insertion of the costs by the clerk in the entry of the judgment. The court, by order, may permit the judgment to be entered and collected, without prejudice to a motion to set aside the verdict; and may impose such terms on each party, in respect thereof as to the court may seem meet.

RULE 9. The party moving to set aside a verdict as against evidence, must prepare a case and procure the same to be settled in the usual manner. If the party making the case, intend to appeal from the judgment, when entered on the verdict, because of errors of law alleged to have occurred at the trial, or in the direction for judgment, he must present such alleged errors in the case made for setting aside the verdict. If the errors complained of were excepted to in due season, when they occurred, the case may be turned into a bill of exceptions, as of course, in the event of the application to set aside the verdict being denied.

RULE 10. The motion to set aside the verdict on the case when settled, must be brought on, on the usual notice at the special term. No alleged errors of law presented by such case, will be considered at the special term, unless by the express directions of the Justice before whom the cause was tried.

RULE 11. If either party appeal from an order of a Justice, granting or refusing a new trial on such case, the appeal may be brought on before the general terms on the usual notice. If the order refuse a new trial, and there be alleged errors of law contained in the case on which the motion was made, the appeal from the judgment in respect of such errors of law must be brought on and argued at the same time with the appeal from the order refusing a new trial, at the special term.

RULE 12. The costs on an appeal to the general term from a judgment, as well as from an order granting or refusing a motion to set

aside a verdict as against evidence, when allowed by the court, shall be the costs prescribed in subdivision six, of section three hundred and seven of the amended code, together with the expenses specified in section three hundred and eleven. But where an appeal from such order is heard at the same time with an appeal from the judgment in the cause, the court may, in its discretion, give costs on the former appeal, as if it were a motion at special term.

RULE 13. The party who moves for a re-hearing, or review of a cause or matter decided by a referee or referees, shall procure and furnish to the court a special report of the referee or referees, setting forth distinctly the facts found on the reference, and his or their decision upon the points of law arising in the cause.

RULE 14. The foregoing rules shall take effect immediately, and all existing rules inconsistent with the same are hereby repealed.

COURT OF COMMON PLEAS

FOR THE CITY AND COUNTY OF NEW YORK.

ADOPTED, June, 1848.

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, if necessary, and open at 10 A. M. on each day.

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.

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 open at

10 A. M.

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.

5. Notice of trial or argument shall be for the first day of term. 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 other containing the issues of law.

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.

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.

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.

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.

ADOPTED, Jan. 9, 1850.

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.

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.

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.

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.

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

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.

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.