RULE 7.

Where an appeal from a judgment or order is based wholly or in part upon alleged errors of fact, the appellant's points must distinctly and clearly state, in a separate point for each, what errors of fact have been committed, with references to the folios of the case which contain the evidence relied upon by him.

RULE 8.

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

RULE 9.

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 10.

All notes of issue for the general term shall specify thereon by what judge or referee the cause was tried or order made. And the clerk shall state the name of such judge or referee on the calendar.

RULE 11.

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 if the party proposing the amendments claims that the case should be made to conform to the minutes of the stenographer, he must refer at the end of each amendment to the proper page of such minutes.

SPECIAL TERMS.

RULE 12.

There shall be a special term of the court for the trial of issues of law and of issues of fact without a jury, 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.

In the months of July, August and September, no trials shall be had, unless ordered by the justice presiding.

RULE 13.

Notes of issue for the Special Term shall specify whether the issue is of law or fact. In making up the calendar, issues of law shall be placed first thereon.

RULE 14.

No order to show cause made by a judge out of court shall be made returnable, nor shall any motion be noticed for hearing elsewhere than at the regular special term, and in the regular special term room, and all such orders and motions shall be there heard, and not elsewhere, except by order of the judge holding the special term.

Defaults in such orders and motions shall be taken at the regular special term room, and not elsewhere, and any default taken elsewhere will be vacated by the judge holding the regular special term.

This rule shall apply to orders and motions in actions only.

RULE $15.

The special term will be opened at 10 o'clock A. M. of each day, except New Year's Day, the twenty-second of February, Good Friday, the thirtieth day of May (Decoration Day), the Fourth of July, the days of the Annual and Charter elections, Thanksgiving Day and

Christmas.

The calendar will be called at 11. A. M.

RULE 16.

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.

RULE 17.

Attachments against the property of a nonresident defendant will not be allowed in this court, except upon proof by affidavit or otherwise, that the defendant has been or can be personally served with the summons within the county. See 33 How. 129; 28 N. Y. 659; 7 Robt. 199.

JURY TERMS.

RULE 18.

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, and terminating on the last Saturday of each month, unless the judge presiding shall, by an order, direct his term to be further continued, de die in diem, for the purpose of completing the trial of an action, or the hearing of a motion for a new trial already commenced before him.

RULE 19.

The day calendar shall 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.

RULE 20.

Causes on the jury calendar may be reserved generally at any time before the cause is on the day calendar, by filing with the clerk the written consent of the attorneys. Motions to put such causes on the day calendar may be made to the judge holding the special term, on two days' notice.

RULE 21.

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 claimed to be admitted or controverted by the succeeding pleading.

RULE 22.

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