RULE ADOPTED DECEMBER 14, 1874.

That hereafter applications will be entertained at the special term to advance causes brought upon instruments for the payment of money only, for goods sold and delivered, and in all cases where the defendant is in actual custody on arrest, and in no other cases.

RULE ADOPTED MARCH 31, 1874.

JURISDICTION IN MARINE CASES DEFINED.

As a general rule torts committed on board a foreign ship on the high seas must be considered as having occurred within the territorial limits of the foreign nation to which the vessel belongs, and the parties having the ship's equippage, though actually here, can in law be considered remaining within the foreign jurisdiction. In such a case, we have a discretion to exercise our power, and we have decided to decline to grant or maintain the order asked for, unless it is made to appear, either, first, that the plaintiff or defendant has been regularly discharged from his ship by competent authority; or, second, that either of the parties is a resident or citizen of the United States. In the excepted cases only will process be allowed.

RULE IN REFERENCE TO WARRANTS IN MARINE CASES AND ARRESTS THEREUNDER, ADOPTED IN GENERAL TERM, FEBRUARY 27, 1874.

Ordered-That the forms of orders of arrest in marine cases shall hereafter conform to the form of the warrant prescribed by the act of 1813. No such process will be granted, without affidavit of cause of action, showing also the nationality of the vessel, and the amount of bail and allowance of the order shall be indorsed on the process by the justice allowing the same. And the said process shall be executed in conformity as required by the act of 1813, by forthwith bringing the party arrested before the court, to be bailed or committed, and to plead as required by said act.

No jury trial will be allowed in such action unless demanded at the time of joining issue, and that a copy of this order be printed on the back of each warrant issued, and such notice be served personally on the party arrested at the time of the arrest.

Justices of said court:

GEORGE SHEA, CHIEF JUSTICE.

MICHAEL C. GROSS,

PHILLIP J. JOACHIMSEN,

ALEXANDER SPAULDING, JUSTICES
HENRY ALKER,

DAVID MCADAM.

MAURICE J. POWER, Clerk.

HOWARD WOOD, Deputy.

RULES FOR CASES, ETC., AT GENERAL TERM.

Ordered-That no case or exceptions on appeal 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.

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.

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. Appeals from motions shall have preference.

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.

In all cases the parties shall deliver twelve 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.

The order appointing referee, and the formal judgment appealed from, must appear in the printed papers.*

General terms for the hearing and decision of appeals from orders and judgment will be held during the year 1874, on the last Monday of the months of January, February, March, April, May, September, October, November and December.

Appeals will be heard in the order of time when the appeal was taken, which must be specified on the note of issue. A separate calendar will be made up for appeals from non-enumerated motions, and which will be heard first.

The rules of the supreme court concerning papers to be furnished on enumerated appeals, and the time and manner of service thereof, will be strictly adhered to.

The general terms for hearing appeals from orders on the second and fourth Saturdays of each month are discontinued.

*See Laws 1872, ch, 629, 13.