RULE XIX.-Rules, when to take effect.

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 then be pending.

RULE XX.-Call of calendar.

Fifteen causes only will be called on any day, but after such call, causes ready on both sides will be heard in their order. Any cause which is regularly called and passed without postponement by the court, for good cause shown, at the time of the call, will be placed on all subsequent calendars as if the return had been filed on the day when it was so passed.

Causes upon the calendar may be exchamged one for another of course, on filing with the clerk in court a note of the proposed exchange with the number of the causes, signed by the respective attorneys or counsel. Upon all subsequent calendars each of the said causes will take the place due to the date of the filing of the return in the other.

Any cause, except the first fifteen upon the calendar, may be struck therefrom before it is reached of course and without prejudice, by the clerk in court, on consent of the parties who placed the same upon the calendar, at any time during the first week of the term.

RULE XXI.-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 VI., X., XX., and XII., with a notice that "16 copies of cases and points are required," must be printed on the first leaf of the calendar.

RULE XXII.--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.

RULE XXIII.-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.

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. 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 in subsequent calendars without preference.

See Rule XIII.

RULE XXIV.-Calendar to continue one year. Causes to be noticed for January term.

The printed calendar for the present January term, and for each succeeding January term, shall stand as the calendar for the entire year. Causes noticed and placed upon the calendar for the January term of any year, shall be considered as noticed for all the subsequent terms. Additional causes may be noticed for the March terin, 1862, which shall be printed with their appropriate numbers, and annexed to the calendar. After the January term in each year hereafter, no causes, except such as are by law entitled to a preference, will be permitted to be placed upon the calendar without the direction of the court.

RULE XXV.-No defaults allowed.

Judgment by default will not be allowed, nor will causes be reserved, or set down for hearing upon a particular day, except in extraordinary cases. When a cause is called in its order upon the calendar, it must be either argued, submitted, or passed. ́ If either party appear alone, he may, at his option, be heard orally, or submit the case upon his printed brief. If the appellant only appears, he shall furnish the court with the usual number of printed copies of the case, and of his points; if the respondent, he shall hand to the court the copies of the case served upon him, and fourteen printed copies of his points. The party thus appearing and arguing, or submitting his case, shall hand to the clerk a printed copy of his brief, to be delivered whenever called for, to the opposite party, who may, at any time within twenty days after the hearing, furnish each member of the court, and serve upon the opposite party, a printed answer to such brief, which may be replied to in like manner at any time within fifteen days after such service.

a. Appellant failing to appear, or to submit points, the judgment is affirmed of course (Kelly v. McCormick, 28 N. Y. 318; Smith v. Martin, 1 Trans. App. 25; 3 Keyes, 373). The 25th rule was not intended to impose upon the court the duty of acting as counsel for either party (see Maher v. Carman, 5 Trans. App. 25). The court will not postpone the argument on

account of the inability of a party to attend (Bank of Salina v. Alvord, 32 N. Y. 684).

RULE XXVI.-Call of calendar.

The call of the calendar at the second, and each subsequent term in the year, will commence at the point where it terminated at the previous term, except that causes placed upon the calendar at the next March term, if entitled by their date or otherwise, to priority over the causes remaining upon the calendar, will be first called. Causes which are passed, and which, of consequence, go to the foot of the calendar, will resume their original places upon the calendar for the ensuing year.

RULE XXVII.-Proof of service of notice of argument to be filed with the 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 XXVIII.-Cases ordered to be re-argued.

All causes in which a re-argument is ordered, may, at the election of either party, be placed on the calendar at the next term after such re-argument is ordered, or the following term— the same to take its original place on the calendar.

RULE XXIX.-Notice of argument.

Either party may bring on the argument on a notice to be served on the opposite party, a copy of which notice, specifying the judicial district in which the cause originated, shall be filed with the clerk of this court on or before the fifteenth day of December in each year, which notice, except in criminal cases, shall be for the first day of the term, and the eighth rule is hereby repealed.

Calendar Practice.

Established January, 1854; as amended March, 1859.

a. No reservation will be made of any of the first ten causes unless on account of sickness, or an engagement elsewhere in the actual trial, or argument of another cause, commenced before the term of this court; or other inevitable necessity, to be shown by affidavit. Other causes may be reserved, upon reasonable cause being shown; but if such reservation is not made before the day on which the cause is liable to be called, stronger grounds will be required than when the application is made at an earlier period.

b. Causes reserved may be reserved either generally for the fourth week of term, or for an earlier day certain, at the election of counsel.

a. Those causes reserved for a day certain, will not be taken up until the ten causes in order for that day have been called.

b. In the fourth week, reserved causes will be first in order, and will be called before the calendar is taken up.

c. Reserved causes, when in order to be called, have priority among each other according to their calendar number.

d. Default may be taken in them, and they will, if passed, go down upon future calendars as if passed in the regular call.

e. The call in the fourth week will include all reserved causes which have not been previously called; but no reserved cause, whether reserved generally or for a particular day, will be called before its number is reached on the regular call of the calendar.

Miscellaneous Practice.

At the Terms of the Court, not included in the Rules (7 How. 240).

All the terms are held at the capitol, in the city of Albany. Four argument terms in a year.

The court opens at ten o'clock, A. M., on the first Tuesday of January, fourth Tuesday of March, third Tuesday of June, and the last Tuesday of September.

A term for consultation and decisions, to finish up the year's business, is held in the latter part of December in each year.

The chief judge has control of the calendar. All propositions in reference to the arrangement or disposition of causes should be addressed to him. (The other members of the court are usually consulted.)

Causes struck off under the rule are not included in the fifteen called each day under the rule.

The clerk publishes, in the newspapers at Albany, all the proceedings of the court each day, during the term.

A cause, when ready on both sides, may be submitted upon printed arguments and points, on any day during the term.

When causes are decided at the close of each term, the opinions are delivered to the reporter-not to the clerk. In cases of motions, the opinions are usually left with the clerk among the motion papers.

Tuesdays and Fridays of each week are motion days.

The court usually adjourns, for the term, on Friday of the fourth week. Causes, argued or submitted, are usually decided at the close of the next suc ceeding term.

Where it appears by affidavit, on moving the cause, that the suit has abated by the death of respondent, the cause should stand over till the next term, without prejudice, and with leave to move to substitute the parties in interest (Shaler Quarry Co. v. Brewster, 32 N. Y. 472).

SUPREME COURT RULES.*

ADOPTED AUGUST 4, 1858.

ORDERED, that the following Rules shall commence and take effect on the first day of October next:

RULE 1.—Examination of candidates for admission.

Applicants for admission to practice as attorneys and counsellors, of this court, who are entitled to examination, shall be examined in open court; the examination shall be had at general term, and shall commence on the first Wednesday of the second and fourth general terms, which shall be held in the several judicial districts in each year, and at no other time or place, and no private examination shall be permitted.

a. Judges of the court of appeals, justices of the supreme court, judges of courts of record in the cities of New York, Brooklyn or Buffalo (Am'd'ts to Const. 1868, § 21), justices of the marine court (Laws 1870, ch. 582), and clerks of court and their deputies prohibited from practicing as attorneys (Laws of 1857, vol. 2, p. 199).

RULE 2.-Proof of citizenship, dec. Applicants from other States. To sign roll, &c., on admission.

To entitle an applicant to an examination, he must prove to the court

1. That he is a citizen of the United States, and that he is twenty-one years of age, and a resident of the district in which. he applies, which proof may be made by his own affidavit of the

fact.

2 The evidence of good moral character shall be the certificate of a reputable counsellor of this court, or of some other reputable person known to the court; but such certificate shall not be deemed conclusive evidence, and the court must be satisfied, on the point, after a full examination and inquiry.

*b. See ante, p. 683, d, and Code, § 470, and Laws 1870, ch. 408, § 13. e. The court always deviates from its general rules whenever necessary (Clark v. Brooks, 26 How. 285; see Battershall v. Davis, 23 How. 384).

d. These rules apply to Marine and District Courts (Laws 1862, p. 971, § 3.) e. The supreme court in the several judicial districts has no power to create general rules; that power, by section 470 of the code, is expressly given to a convocation of the judges (In the Matter of the Bowery, 19 Barb. 591). But courts of record, except in the city of New York may, at general term, make orders for printing calendars (Laws 1862, ch. 86).