be called except upon the motion days of the term, to wit., Friday of each subsequent week. No case on such calendar will be set down for any day after the first week, except it be one of such motion days. During the first week of term, the day calendar of such appeals will include all those on the general calendar undisposed of and not postponed.

2. All motions to correct the calendar must be made during the first week of the term Motions to dismiss appeals may be made on four days' notice on any day during the first week of the term at the opening of the court.

3. In enumerated cases, the note of issue filed with the clerk shall state whether the papers have been printed and served in accordance with Rule 50 of the courts; and no enumerated case will be put on the calendar in which such statement is not made or in which such papers have not been printed and served, unless on the special order of the court.

4. Twenty cases will be put on the day calendar of enumerated causes on each day; and when put on such calendar no reservation or postponement will be allowed, except by order of the court on special cause shown. At any time after the term commences, and before an enumerated cause shall be placed on the day calendar, the respective counsel may file a written consent with the clerk

that the cause be set down for a future day, and causes so set down will be added to the day calendar (whenever their addition will not increase the calendar beyond twenty) at the foot of causes remaining thereon undisposed of in their relative order on the general calendar, provided they would have been reached on the general calendar if not so set down.

5. The general calendar will be published in full in THE DAILY REGISTER on the first day of the term, and on each subsequent day the day calendar will be published in said DAILY REGILTER, and no cause not appearing in said day calendar, as so published, will be called, except with the consent of both parties thereto.

SPECIAL RULES

OF THE

SUPERIOR COURT

OF THE

CITY OF NEW YORK FOR 1875 Made pursuant to rule 96 of Supreme Court. *

GENERAL TERMS.

RULE 1.

There shall be a general term of the court held in the months of January, February, Marchi, April, May, June, October, November and December, commencing on the first Monday in each month, and terminating on the second Saturday thereafter. unless further extended by the judges holding the term.

*See Laws 1870, ch: 408, 2 13.

There shall also be a general term held on the days designated in vacation, for the hearing of appeals from orders only.

RULE 2.

A note of issue of cases for the general term calendar, excepting appeals from orders, must be filed with the clerk for each term, at least eight days before the first day of the term.

RULE 3.

Appeals from orders may be noticed for and shall be heard in the general term on the first and second Mondays, and the second Friday in term, and on the days appointed in vacation, at the opening of court.

A note of issue of such appeal, stating when the appeal was taken, shall be filed with the clerk at least three days before the day for which the appeal is noticed; and the clerk shall enter the same upon a separate calendar, in the order of time the appeal was taken.

RULE 4.

In calendar causes, and also in appeals from orders, the parties shall deliver eight copies of the printed papers and points to the clerk at the commencement of the argument, which printed case shall contain a certificate of the clerk that the case has been duly filed upon the order of the judge or referee who tried the cause.

RULE 5.

Where the printed papers upon an appeal from a judgment have not been served within the time limited by Rule 49 of the General Rules of Court, the respondent will not be allowed to take an order of affirmance by default, but will be put to his motion under said rule, to strike the cause from the calendar, etc., for which purpose such motions may be made at the opening of the court on the first day of the term.

See 36 How. 366; Sup. Ct.. Rule 50, ante; 1 Jones & Spencer, 502; 2 Sweeny, 696, 701.

RULE 6.

The calendar of appeals from judgments will be called on the first day of the term, immediately after motions and appeals from orders have been disposed of; and the argument of such appeals will be proceeded with in their order.

No case will be set down for a future day, except for sufficient cause to be shown at the opening of the court on the first day of the term.

No more than ten cases will be placed upon the day calendar.

Except for sufficient cause, no appeal will be sel down to be heard which cannot be argued before the judges who are regularly assigned for the term.