provided for in Rule 4, must be made at special term.

RULE 9.

Where the return of the justice of the district court, from whose judgment the appeal is taken to this court, has been lost, and that the said justice is dead:

Ordered. -That the appeal be marked off for the term, and, in conformity with the 363d section of the Code, that the attorney for the appellant prepare a case containing a statement, under oath, of the evidence taken, and of the proceedings had upon the trial before the justice, from such information as he can obtain, and that he serve a copy of the said case, so made as aforesaid, upon the attorney for the respondent, with a notice of motion of at least four days, to be made at special term of this court, that said case so prepared as aforesaid be filed in the office of the clerk of this court in the place of the return of the said deceased justice; or, if lost as aforesaid, said case to be made and said notice of motion to be served within ten days from the entry of the order, and on the return of said motion the respondent may appear at the special term and present an affidavit controverting any of the facts in said statement.

The case and affidavits shall thereupon be filed in the office of the clerk of this court, when the

appeal shall be placed on the calendar of the date of filing the same, and upon the hearing of the appeal, either of the parties may examine witnesses before the appellate court, in respect to any matter in said statement that may have been contradicted, and, after hearing said witnesses, the appellate court will find the question of fact in controversy, and its findings shall be incorporated with, and become a part of, the case or statement upon which the appeal is to be heard. All matter contained in the statement and verified by the moving party, which shall not be specifically controverted by the affidavit of the other party, shall be deemed settled, and as of the same effect as if the same had been returned by the justice in his lifetime.

New, 1874.

SPECIAL TERMS AND

CHAMBERS.

RULE 10.

There shall be a special term of the court for the trial of issues of law, and for the hearing of motions and granting of ex parte orders, held during each month in the year, commencing on the first Monday of each month, and terminating on the Saturday immediately preceding the first Monday of the succeeding month.

RULE 11.

No litigated motion will be heard on Saturdays; and no chambers will be held on Saturdays during the months of July, August and September, all motions standing over until the succeeding Monday.

EQUITY TERMS.

RULE 12.

There shall be a term of the court for the h'earing of equity causes held in the months of February, April, June, October and December, commencing on the first Monday of each month. The calendar will be called through on the first Monday, and causes set down for trial.

JURY TERMS.

RULE 13.

There shall be two terms of the court for the trial of causes by jury, denominated respectively, "Part First" and "Part Second." Part I shall be held in the months of January, February, March, April, May, June, October, November and December, commencing on the

first Monday of each month. Part II shall be held in the months of February, April, June, October and December, commencing on the first Monday of each month.

RULE 14.

Fifteen cases will be placed on each day calendar.

The day calender will be called through each morning at the opening of the court. The plaintiff, on failure of the defendant to appear, may take an inquest; and the defendant, op failure of the plaintiff to appear, may have a dismissal of the complaint. No calendar will be made for Saturday.

RULE 15.

Causes may be generally reserved by a written consent of the attorneys, filed at any time before the cause is on the day calendar. Causes marked off for the term shall be considered reserved generally. Causes reserved generally may afterward be placed on the day calendar, if reached in order on the general calendar, on the application of either party to the judge at chambers (provided two days' previous notice of such application be given to the adverse party); or by the consent of the attorneys, filled with the clerk.

RULE 16.

It shall be the duty of the attorney by whom the copy pleadings shall be furnished for the use of the court, on a trial, to plainly designate on each pleading the part or parts thereof admitted or controverted by the succeeding pleading.

RULE 17.

The general and jury terms for the trial of causes shall, respectively, be opened at eleven o'clock in the forenoon.

RULE 18.

Cases or exceptions presented for settlement shall have plainly marked upon the proposed case or exceptions, and also upon the stenographer's minutes of the evidence, the parts to which the proposed amendments are applicable, together with the number of the amendment, and shall designate on the amendments those which are agreed to and those which are disagreed to.

SPECIAL CALENDAR.

RULE 19.

In any action on contract, where there is reason to believe that the defense is interposed