SPECIAL CALENDAR.

RULE 23.

In actions on contract, where there is reason to believe that the defense is interposed for the purpose of delay, and that the trial will not occupy more than one hour, the plaintiff may apply by motion at special term, on a notice of four days, to have the issue placed upon a special calendar for trial (serving with such notice any affidavits or papers he may wish to use on the motion which have not already been served); and the same may be so ordered in the discretion of the justice before whom the motion shall be made.

If such motion be granted, the cause will be entered on the special calendar, to be made by the clerk, on receiving a note of the issue, specifying the number of the cause on the general calendar, and the date of order directing it to be placed on such special calendar; such notes of issue to be filed with the clerk four days before the day on which the cause shall be so entered.

The special calendar shall be called on the second and last Friday of each jury term, in part first, by the justice there presiding, and the causes may be tried in either part, as may be directed by such justice.

If the trial of the cause shall occupy more than one hour, the trial may be suspended at the dis

cretion of the court, and the cause be placed at the foot of the general calendar.

The trial of actions on the special calendar will not be postponed to a future special calendar day by the mere consent of attorneys or counsel. But the court will require a legal and sufficient reason for such postponement.

SPECIAL RULES

OF THE

COURT OF COMMON PLEAS

FOR THE

City and County of New York, in 1874.

Made pursuant to Rule 96 of Supreme Court.*

GENERAL TERMS.

RULE 1.

There shall be a general term of the court held in the months of January, March, May and November, commencing on the first Monday in each month.

RULE 2.

All appeals must be placed on the calendar and numbered. A note of issue of cases for the gen See Laws 1870, ch. 408, § 13.

eral term calendar must be filed with the clerk for each term at least eight days before the first day of the term; but no case on appeal from the marine or a district court will be put on the calendar, unless the return has previously been filed, and all such cases will be put upon the calendar in the order in which the returns have been filed.

RULE 3.

The calendar will be called through on the first Monday of the term; and appeals may be then set down for argument for any day in the first and second weeks of the term, other than from marine and district courts; causes in these courts must be ready for argument when reached in their order upon the calendar, and will not be set down for any particular day.

RULE 4.

Motions to correct and strike causes from the calendar, and for judgment under Rule 50 of supreme court, will be heard on the first day of term. In cases of appeals from orders, the appellant shall serve upon the respondent, at least eight days before the first day of the term, a complete copy, written or printed, of the papers upon which the appeal is to be heard.

See 15 Abb.. (N. S.) 345.

RULE 5.

In all appeals from orders and judgments other than from the district courts, the parties shall deliver five copies of the printed papers and points to the clerk at the commencement of the argument.

RULE 6.

In appeals from the marine and district courts, if the appellant does not procure the return to be made to this court within the time prescribed in section 360 of the Code of Procedure, the respondent may serve a notice, in writing, requiring the same to be done within ten days thereafter, and that in default thereof he will apply to the special term for an order dismissing the appeal; and, upon proof of the service of such notice, and of a non-compliance therewith, such order will be granted, unless the court grant further time for the filing of such return.

RULE 7.

If the court below shall not make the return to this court, as prescribed by the Code, the appellant may apply by motion, to a judge at cham bers, to compel such return by attachment.

RULE 8.

All motions to open defaults taken at the general term must be made at the special term. Motions to dismiss appeals, except as otherwise