RULE XVIII.

Duty of Clerk as to Exchanged Causes and Calendar.

The Clerk must keep a memorandum of such exchanged and passed causes, and place them upon all subsequent calendars, in accordance with the foregoing provisions.

Rules 6, 9, 10 and 17, with a notice that "sixteen copies of cases and points are required," must be printed on the first leaf of the calendar.

RULE XIX.

Each Counsel limited to Two Hours.

In the argument of a cause, not more than two hours shall be occupied by each counsel, except by the express permission of the court.

In the argument of an appeal from an order, not more than thirty minutes shall, without express permission of the court, be occupied by each counsel.

RULE XX.

Preferred Causes.

According to existing laws, causes which are preferred take their preference in the following order:

1. Criminal actions.

2. Cases of probate, in which the appeal prevents the issuing of letters testamentary, or of general administration.

3. Appeals in which the sole plaintiffs or defendants are executors or administrators. 4. All other preferred cases.

5. Appeals from orders entitled to be heard

as motions, pursuant to subdivision four (4) of section eleven (11) of the Code of Procedure, and such appeals shall be entitled to preference as to each other, when two or more are moved at the same time in their order on the calendar, but will be heard as preferred cases only on motion days. (See Rule 13.)

Appeals from orders entitled to be heard as motions, may, upon the request of either party, after the filing of the return, be noticed and put upon the calendar, and brought on for hearing on any motion day.

Any party claiming a preference must so state in his notice of argument to the opposite party and to the Clerk; and he must also state the ground of such preference, so as to show to which of the above classes the case belongs, and, in appeals from orders, the general character of the order appealed from.

In making up the calendar, the clerk will place the preferred causes at the head, in the order above prescribed. A preferred cause, being once passed without reservation, will take its place on subsequent calendars without preference.

SUBDIVISION 1. (See 1 Barb. 136.)

SUBDIVISIONS 2 AND 3. (See Laws 1860, chap. 167, p. 270, 4 Edm. St. 542; Laws 1865, chap. 218, p. 355, 6 Edm. St. 453; Laws 1870, chap. 49, p. 124, 7 Edm. St. 585.)

(See 32 N. Y.604.)

SUBDIVISION 4 applies,

1. To civil causes in which the people are a party (Laws of 1850, chap. 128, p. 200, 4 Edm. St. 597), provided the attorney for the state shall

give notice of the day in which he intends to move the cause. (Laws 1858, chap. 37, p. 65, 4 Edm. St. 600.)

2. Actions for adjudications upon a will, in which the representatives are joined with other parties. (Laws 1870, chap. 49, p. 124, 7 Edm. St. 585.)

3. Actions against a banking corporation or association, or a receiver thereof, upon any debt or liability of such corporation or association, or by any such receiver. (Laws 1849, chap. 226, §§ 1, 32, pp. 340, 348, 4 Edm. St., pp. 154, 163.)

4. Appeals in which the people, or any state officer or board of state officers, is or are sole plaintiff or defendant. (Code, § 13.)

5. Actions in which one of two or more plaintiffs or defendants shall have died pending the action and its pendency prevents a final settlement of the estate of the deceased party. (Code, § 13.)

6. Appeals in actions founded on any note or other evidence of debt for the absolute payment of money against a corporation. (2 R. S. 458, 459, §§ 8, 11, 2 Edm. St. 478, 479; Brainerd v. New York, etc., 23 How. 491.)

An action upon a policy of insurance is not within this statute. (Anon., 6 Cow. 41.)

7. A widow's action for dower, provided she shall make it appear that she has no sufficient weans of support, aside from the property ad

measured to her. (Laws of 1869, ch. 433, § 5, p. 962, 7 Edm. St. 450.)

8. Actions in which the Metropolitan Board of Health is a party. (Laws of 1867, ch. 700, § 3, p. 1761, 7 Edm. St. 146.)

9. Appeals from judgments rendered on certiorari in summary proceedings to recover lands. (Laws of 1868, ch. 828, § 5, p. 1932, 7 Edm. St. 357.) SUB. 5. As to what appeals from orders are pre ferred, see note to rule 8, supra.

RULE XXI.

Relative to Defaults.

Judgments of reversal by default will not be allowed. When a cause is called in its order on the calendar, it must be either argued, submitted or passed. If the appellant fail to appear and furnish the court with the papers required, and argue or submit his case, judgment of affirmance, by default, will be ordered on motion of the respondent. If the appellant only appears, he may either argue or submit the case, and it will be determined upon the papers submitted by him. If both parties appear, either or both may be heard orally, or submit the case on printed briefs. When any cause shall be regularly called for argument, and no other disposition shall be made thereof, the appeal shall be dismissed without costs, and an order shall be entered accordingly, which shall be absolute unless upon application made and good cause shown, upon notice to the opposite party within ten days, if the court is in session, and, if not, on the first motion day of the next meeting, the court shall revoke said order and restore said appeal.

This rule was not intended to impose upon the court the duty of acting as counsel for either party. Maher v. Carman, 38 N. Y. 25.) And if the appellant does not appear or submit

his points, the judgment will be affirmed of course. (Kelly v. McCormack, 28 N. Y. 318; Smith v. Martin, 3 Keyes, 373.)

RULE XXII.

Proof of Service of Notice of Argument to be Filed with Clerk.

In all cases where the notice of argument is filed with the Clerk of this court, there shall be filed, with the same, due proof or admission of the service of notice of argument upon the adverse party; and the clerk is directed not to enter on the calendar any cause in which proof of the service of said notice is not filed with him.

RULE XXIII.

Relative to Rearguments.

on

Motions for rearguments will only be heard on notice to the adverse party, stating briefly the ground upon which a reargument is asked, and such motions must be submitted printed briefs, stating concisely the points supposed to have been overlooked or misapprehended by the court, with proper reference to the particular portion of the case, and the authorities relied upon, and counsel will not be heard orally.