TITLE II.

Provisions relating to Courts in the First Judicial District.

§ 11. General term of supreme court, how continued.—The general term of the supreme court, appointed to be held in the first judicial district, on the first Monday of April, eighteen hundred and forty-eight, shall be continued from the first Monday of each month to the third Saturday thereafter, until and including the third Saturday after the first Monday of July, eighteen hundred and forty-eight, or until all the cases on the calendar be sooner heard, or a sufficient opportunity be given for the hearing thereof.

§ 12. Special terms and circuit courts, how continued.—The special terms and circuit courts appointed to be held in the first judicial district at any time hereafter, before the first day of July, eighteen hundred and forty-eight, shall be respectively continued from the first Monday of each month to the third Saturday thereafter, until and including the third Saturday after the first Monday of July, eighteen hundred and fortyeight, or until all the cases ready thereat for hearing or trial be sooner heard, or otherwise disposed of.

§ 13. General and special terms in first district.—In addition to the courts already required by law, there shall be held on the first Monday of September, eighteen hundred and forty-eight, a general and special term of the supreme court, and a circuit court in the first judicial district, by such judges as the governor shall, by appointment, in writing, designate; which terms and circuit court shall be exclusively devoted to the determination of suits and proceedings in the supreme. court, commenced before the first day of July, eighteen hundred and forty-eight.

§14. Terms how long continued.--The terms and circuit court, mentioned in the last section, shall each be continued in each month, except October and January, from the first Monday to the third Saturday thereafter, inclusive, until the

Sulay in February, eighteen hundred and fortynin. I mal the suits and proceedings mentioned in the last ely fr hearing at such courts, shall be sooner de

Ime of Hsability, Governor may assign other judges. — 28 (2159s assigned to hold such general or special terms ran murs or any of them be unable, by reason of sickal engagements elsewhere, to sit until the close ne Governor shall assign other judges, not actually ling court, to take their places respectively.

2. Tien rouse passed, how placed on the calendar.— Ven a mise, placed upon a calendar of a court of record in De som at New-York, shall be regularly called and passed,

A justponement by the court for good cause shown, it was remebea take its place on the same or any future is the date of the issue were the time when it smissed.

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7. Pay to state date of issue.-In the case mentioned ast section it shall be the duty of the party placing use pen the calendar, for a subsequent term, to state the issue, as above prescribed; and if he omit 2 by reason whereof the issue retains its priority on sonian the court on the application of the adverse its own motion, may strike the cause from the

Ac: wars fect immediately.-This act shall take efinuant y, except that section two shall take effect at 1 the Code of Procedure.

APPENDIX.

RULES OF COURT.

COURT OF APPEALS.

ADOPTED, 25th May, 1849.

ORDERED, That the following rules for governing the practice in this court, numbered from 1 to 19, both inclusive, be adopted and published.

RULE I. When the appeal is from a judgment, the return of the clerk of the court below shall consist of certified copies of the notice of appeal, and the judgment roll. When the appeal is from such an order as is mentioned in the eleventh section of the code of procedure, the return shall consist of certified copies of the notice of appeal, the order appealed from, and the papers on which the court below acted in making the order.

RULE II. The appellant shall cause the proper return to be made and filed with the clerk of this court within twenty days after the appeal shall be perfected. If he fail to do so, he shall be deemed to have waived the appeal; and on an affidavit proving when the appeal was perfected, and a certificate of the clerk that no return has been filed, the respondent may enter an order with the clerk dismissing the appeal for want of prosecution, with costs; and the court below may thereupon proceed as though there had been no appeal.

RULE III. If the return made by the clerk of the court below shal be defective, either party may, on an affidavit specifying the defect, apply to one of the judges of this court for an order that the clerk make a further return without delay.

RULE IV. The attorneys and guardians ad litem of the respectiveparties in the court below, shall be deemed the attorneys and guardians of the same parties respectively in this court, until others shall be retained or appointed, and notice thereof shall be served on the adverse party.

RULE V. In all calendar causes a case shall be made by the appellant, which shall consist of a copy of the return of the clerk, and the reasons of the court below for its judgment, if the same can be procured. If

Pop! The game was 198 ust end and placed the ruse on de enland for uguns u dgment of affirmance or reversai,

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sa vam sang kitu neglect to appear and argue te poems we fyrusn and denver cases or points as required by the muth and tenia russ

RULE XII. In the argument of calendar causes and motions only one counsel will be heard on each side, unless the court shall otherwise direct.

RULE XIII. Criminal cases shall have a preference, and may be moved, on behalf of the people out of their order on the calendar.

RULE XIV. Causes may be submitted by the parties on printed arguments.

RULE XV. Motions will be heard on the morning of the first day, and the morning of each following Tuesday and Friday during the term, before taking up the calendar.

Where notice has been given of a motion, if no one shall appear to oppose, it will be granted as of course.

RULE XVI. The remittitur shall contain a copy of the judgment of this court, and the return made by the clerk of the court below; and shall be sealed with the seal, and signed by the clerk of this court.

RULE XVII. When a decree or order shall be affirmed or reversed by the default of either party, the remittitur shall not be sent to the court below, unless this court shall otherwise direct, until ten days after notice of the affirmance or reversal shall have been served on the attorney of the party in default. Service of the notice shall be proved to the clerk by affidavit, or by the written admission of the attorney on whom it was served.

RULE XVIII. The time prescribed by these rules for doing any act may be enlarged by the court or by either of the judges thereof; and either of the judges may make orders to stay proceedings, which, when served with papers and notice of motion, shall stay the proceedings according to the terms of the order. Any order may be revoked or modified by the judge who made it; or, in case of his absence or inability to act, by either of the other judges.

RULE XIX. These rules shall take effect on the first day of July next; from which time all former rules are abrogated, except so far as it may be necessary to follow them upon appeals and writs of error which shall be then pending.

SUPREME COURT.

ADOPTED, AUGUST 4, 1849.

ORDERED, That the following Rules* shall commence and take ef fect on the first day of September, 1849.

RULE 1. Applicants for admission to practise as attorneys and counsellors of this court, who are entitled to examination, shall be examined in open court; the examination to commence on the first day of each general term.

These rules were made by the whole court, under the authority of the code, and may be considered, as giving construction to the statute; per Hand, J., in Myers v. Feeter, 4 P. R., 240, 241.