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be brought on, on the usual notice, at the special term. No alleged errors of law, presented by such case, will be considered at the special term, unless by the express directions of the Justice before whom the cause was tried.
RULE 11. If either party appeal from an order of a Justice, granting or refusing a new trial on such case, the appeal may be brought on before the general terms, on the usual notice. If the order refuse a new trial, and there be alleged errors of law contained in the case on which the motion was made, the appeal from the judgment in respect to such errors of law must be brought on and argued at the same time with the appeal from the order refusing a new trial, at the special term.
RULE 12. The costs on an appeal to the general term from a judgment, as well as from an order granting or refusing a motion to set aside a verdict as against evidence, when allowed by the court, shall be the costs prescribed in subdivision six of section three hundred and seven of the amended code, together with the expenses specified in section three hundred and eleven. But where an appeal from such order is heard at the same time with an appeal from the judgment in the cause, the court may, in its discretion, give costs on the former appeal, as if it were a motion at special term.
RULE 13. The party who moves for a re-hearing, or review of a cause or matter decided by a referee or referees, shall procure and furnish to the court a special report of the referee or referees, setting forth distinctly the facts found on the reference, and his or their decision upon the points of law arising in the cause.
RULE 14. The foregoing rules shall take effect immediately, and all existing rules inconsistent with the same are hereby repealed.
ADDITIONAL RULE.—ADOPTED DECEMBER, 1851.
Ordered,—That all notes of issue hereinafter filed with the clerk, in causes which have once been on the calendar for trial or argument, shall specify the number of the cause on the last preceding calendar on which it was entered, and the date of such calendar. And every note of issue shall state whether the cause is to be placed on the calendar of the general term, the special term, or the trial term. No cause shall be entered by the clerk on either calendar, unless the note of issue conforms to this rule.
ADDITIONAL RULE.—ADOPTED MARCH 6, 1852. Ordered, That all notes of issue hereinafter filed with the clerk, in causes which have once been on the calendar for trial or argument, shall specify the number of the cause on the last preceding calendar on which it was entered, and the date on such calendar. And every note of issue shall state whether the cause is to be placed on the calendar of the general term, the special term, or the trial term. No cause shall be entered by the clerk on either calendar, unless the note of issue conforms to this rule.
“N. B.—The members of the bar are requested to conform in all particulars to the last rule, or the notes of issue will be rejected."
ADDITIONAL RULE.—ADOPTED MARCH 19, 1853.
Ordered,—That all notes of issue hereafter, for the general, special, and trial terms of this court, must be filed with the clerk, eight days before the commencement of the first day of the succeeding term.
ADDITIONAL RULE.—ADOPTED MARCH 10, 1855.
Ordered,—That when a cause is placed on the day calendar for trial, the plaintiff may at the opening of the court each day take an inquest therein, in any case the court will consent to try without the intervention of a jury, though an affidavit of merits may have been filed, unless the defendant shall appear and state that a defence is intended to be made.
COURT OF COMMON PLEAS.
FOR THE CITY AND COUNTY OF NEW YORK.
RULES.-ADOPTED JUNE, 1848.
RULE 1. The general terms for hearing appeals and other business required by law to be heard at those terms, shall be held on the fourth Monday of each month except July and August, shall continue for one week, if necessary, and open at 10, A. M. on each day.
RULE 2. The special terms for the trial of all issues of fact and law, and hearing of all matters, except business to be heard at the general terms, shall be held on the first Monday of each month except August, shall continue for three weeks if necessary, and may be continued for the fourth week, by the judge holding the same, when he is not engaged at the general term.
RULE 3. The special term for the trial of issues of law will be held at chambers, and open at 12, M. The calendar will be called daily in order. The special term for the trial of issues of fact will be open at 10, A. M.
RULE 4. Motions that may be made out of court, and chamber business, will be heard before a judge at chambers daily between 10 and 12, A. M. Appeals from such motions shall be submitted at the Saturday of the general term.
RULE 6. The clerk shall prepare a calendar for the general term, and calendars for the special terms ; one containing the issues of fact to be tried, and the others containing the issues of law.
Where the parties agree in writing to waive a trial by jury, the note of issue shall state such consent, and the consent be filed with the note of issue. The clerk shall place such causes on a separate part of the calendar. Where the parties consent on a cause being called, that the same be tried without a jury, such cause shall be placed on such calendar in its order.
A term of the court for any other business than the trial of issues of fact or law shall be held at chambers on the first Monday of August, and continued for four weeks.
The present June term of this court is continued until the last Saturday of July, for trials and arguments. After the third Monday of July, during that term, causes will be tried and arguments heard only on consent of both parties.
Rule 10. Arguments of enumerated motions in causes commenced before the first day of July, 1848, will be heard at the general terms, and shall be brought on upon notice, as now provided for by the rules of the court for the first day of such term.
These rules shall take effect on the third day of July, 1848.
ADDITIONAL RULES.-ADOPTED JAN. 9, 1850.
The present calendar of issues of fact shall be continued from term to term, until the same is finished, during the year 1850, commencing at each succeeding term, where the court left off at the preceding term.
The causes hereafter noticed for trial shall be added to the calendar at the end thereof, for each term in order, except those which may previously be upon the calendar for trial; but no new note of issue need be filed for any cause on the calendar.
RULE 3. Causes which may be set down for the third week of the term, if not disposed of during the term, and causes so ordered by the court, shall be called at the commencement of the succeeding term, before proceed. ing with the calendar.
RULE 4. Causes that are passed on the calendar, and go down, or are postponed for the term, must be placed again forthwith at the foot of the calendar by the clerk, unless otherwise ordered by the court at the time of postponement.
RULE 5. These rules are not intended to dispense with the notice of trial for each term, as required by the statute.
ADDITIONAL RULE.—ADOPTED MARCH 24, 1850. Ordered,--That orders to show cause on non-enumerated motions will not hereafter be granted, except upon affidavit showing the necessity of making the time of notice shorter than is required in the code ; and where such order is returnable on any other day than the first day of the special term, the reason therefor must be stated in the affidavits on which the motion is founded.
The court will hereafter enforce the rule of the supreme court in regard to the printing of cases and bills of exceptions, except where they have already been prepared for the use of the court.
ADDITIONAL RULE.—ADOPTED MARCH 22, 1851. For the purpose of regulating the review of questions of practice decided by a single judge, the court adopt the following rule :
Upon the decision of motions made before a single judge at chambers or at special term, in cases in which no appeal is allowed by section 349 of the code, the judge may, if he deem the question of such importance and doubt as to render a review by the general term proper, give a certificate thereof, and the party desiring such review shall, within six days after the decision of such motion, procure such certificate and serve a copy thereof, with a notice of hearing for the next general term for which the same can be noticed ; and thereupon such motion shall be brought on and submitted for review, on written points, to be shown to the opposite counsel and then handed to the court.
Such certificate shall not operate as a stay of proceedings, unless such stay of proceedings be expressly ordered.
An order denying a motion to set aside a report of referees is not within this rule. Matthews v. Jones, 1 Smith, 429.
ADDITIONAL RULES.-ADOPTED DECEMBER 1853.
Ordered,—That the clerk be directed to give notice of the following order :