its preference, and no case will be called more than once during the same term unless it shall have been reserved or postponed.

3d. Parties desiring to have cases heard as preferred cases must, in the note of issue, notify the clerk that it is preferred and the class to which it belongs, and shall also specify in the notice of argument to the opposing party that the cause is claimed to be a preferred cause, briefly stating the ground on which preference is claimed. The clerk in making up the calen dar shall place such preferred cases at the head of it, indicating that they are preferred and the class to which they belong.

Causes which are preferred take 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. Cases which are entitled to a preference by reason of the parties being executors or administrators;

4. All other preferred cases.

4th. Manuscript papers will not be received on submission.

5th. The counsel who argue a case shall indorse on the papers delivered to the judges, their names and place of residence.

6th. In all cases of appeals from orders, the appellant shall furnish to each of the judges a printed or legibly written copy of the papers intended to be used on the argument; each party shall also furnish a copy of his points, containing a reference to the authorities on which he relies. All such papers, other than the points, shall be folioed continuously from the beginning to the end.

7th. Appellants shall deliver to the clerk a copy of all cases brought to argument, and each party shall deliver to the clerk a copy of his points used on such argument. It shall be the duty of the clerk to preserve all cases and points so delivered to him; and shall dispose of the same as directed by the court.

8th. The clerk shall prepare each day a calendar of ten cases taken from the general calendar made up for the term, in the order in which they stand on said general calender. Cases not disposed of on any day shall be placed at the head of the calendar for the next day, and so on from day to day, until the whole are disposed of.

Causes on the day calendar, if not argued when reached, shall go over the term unless reserved by reason of sickness or actual engagement of counsel in some other court, which fact shall be shown by affidavit when said case is reached; either party may submit his points when the cause is called, if the other party desires to argue. If both parties desire to sub mit, they may do so at any time during the term, by delivering the cases and points to the clerk.

A true copy.

JAMES H. FISHER,
Deputy Clerk.

At a general term of the supreme court of the State of New York, held in and for the third judicial department of said State, at the City Hall, in the city of Albany, on the 7th day of February, 1871, present: Hon. THEODORE MILLER, presiding justice; PLATT POTTER and JOHN M. PARKER, associate justices.

The following rule was adopted:

That the attorney for either party to an appeal from an order shall file with the clerk of the county in which the term of the court for which notice

of argument of such appeal has been served is to be held on or before Tuesday of the week preceding the term, a note of issue, in which shall be specified the day of the service of the notice of appeal on the respondent or his attorney. The clerk shall prepare a calendar of the cases in which such notes of issue shall be filed, and shall enter the cases thereon in the order of the time of the service of notice of the appeal. No appeals from orders will be heard unless notes of issue have been duly filed and entered on the calendar.

APPENDIX TO RULE 85.

ANNUITY TABLE.

A Supreme Court table corresponding with the Northampton tables referred to in the 85th rule, showing the value of an annuity of one dollar, at six per cent, on a single life, at any age from one year to ninety-four inclusive.

No. of years pur

Age.

is worth.

No. of years pur

is worth.

chase the annuity Age. chase the annuity Age. chase the annuity Age. chase the annuity

No. of years pur

is worth.

No. of years pur

is worth.

RULES FOR COMPUTING THE VALUE OF THE LIFE ESTATE OR ANNUITY.

Calculate the interest at six per cent for one year, upon the sum to the income of which the person is entitled. Multiply this interest by the number of years' purchase set opposite the person's age in the table, and the product is the gross value of the life estate of such person in said sum.

EXAMPLES.

Suppose a widow's age is 37; and she is entitled to dower in real estate worth $350.75. One-third of this is $116.913. Interest on $116.91 one year at six per cent (as fixed by 84th rule) is $7.01. The number of years' purchase which an annuity of one dollar is worth, at the age of 37, as appears by the table, is 11 years, and parts of a year, which, To multiplied by $7.01, the income for one year gives $77.35, and a fraction, as the gross value of her right of dower.

35

Suppose a man, whose age is 50, is tenant by the curtesy in the whole of an estate worth $9,000. The annual interest on the sum, at six per cent is $540.00. The number of years' purchase which an annuity of one dollar is worth, at the age of 50, as per table, is 94 parts of a year, which, 1000 multiplied by $540, the value of one year, gives $5,085.18 as the gross value of his life estate in the premises, or the proceeds thereof.

NOTE-The values in this table are calculated on the supposition that the annuities are payable yearly; if payable half-yearly, one-fifth of a year's purchase should be added to those values.

See note to Rule 85, ante.

RULES OF THE SUPERIOR COURT.

ADOPTED MARCH 1, 1870.

GENERAL TERMS.

RULE ONE.

There shall be a general term of the court, held in the months of January, February, March, April, May, June, October, November and December, commencing on the first Monday in each month and terminating on the second Saturday thereafter, unless further extended by the judges holding the term.

There shall also be a general term held on the days designated in vacation, for the hearing of appeals from orders only.

RULE TWO.

A note of issue of cases for the general term calendar must be filed with the clerk, for each term, at least eight days before the first day of the term.

RULE THREE.

Appeals from orders shall be heard in the general term on the first and second Mondays and the second Friday in term, and on the days appointed in vacation, at the opening of court.

RULE FOUR.

In calendar causes, and also in appeals from orders, the parties shall deliver eight copies of the printed papers and points to the clerk, at the commencement of the argument, which printed case shall contain a certiticate of the clerk that the case has been duly filed upon the order of the judge or referee who tried the cause.

RULE FIVE.

A general term will be held in full bench on the Saturday next preceding the commencement of each regular calendar term, for the purpose of announcing decisions and the hearing of such motions and appeals as shall be directed to be then heard.

SPECIAL TERMS.

RULE SIX.

There shall be a special term of the court for the trial of issues of law and of issues of fact without a jury, 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.

In the months of July, August and September no trials shall be had, unless ordered by the justice presiding.

RULE SEVEN.

No more than one special term shall be held at the same time.

RULE EIGHT.

No order to show cause, made by a judge out of court, shall be made returnable, nor shall any motion be noticed for hearing, elsewhere than at the regular special term, and in the regular special term room, and all such orders and motions shall be there heard, and not elsewhere, except by order of the judge holding the special term.

Defaults in such orders and motions shall be taken at the regular special term, and in the regular special term room, and not elsewhere, and any default taken elsewhere will be vacated by the judge holding the regular special term.

This rule shall apply to orders and motions in actions only.

RULE NINE.

The special term will be opened at 10 o'clock A. M., and continue in session until 3 o'clock P. M. of each day, except New Year's day, the twenty-second of February, Good Friday, the fourth of July, and the days of the annual and charter elections, Thanksgiving day and Christmas.

RULE TEN.

All motions must be noticed for, and orders to show cause made by, a judge not holding special term, returnable on the first Monday or one of the Saturdays of the term.

CIRCUIT OR JURY TERMS.

RULE ELEVEN.

There shall be two terms of the court for the trial of causes by jury, denominated respectively "Part First" and "Part Second," held in the months of January, February, March, April, May, June, October, November and December, commencing on the first Monday and terminating on the last Saturday of each month, unless the judge presiding shall, by an order, direct his term to be further continued, de die in diem, for the purpose of completing the trial of an action, or the hearing of a motion for a new trial already commenced before him.

RULE TWELVE.

The day calendar shall 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, on the failure of the plaintiff to appear, may have a dismissal of the complaint.

RULE THIRTEEN.

Causes which shall have been called upon the day calendar of a jury term, and set down for a future day during the same term, must be tried when again reached, or they will be placed at the foot of the general calendar, or the action dismissed, unless the trial be further postponed by the court for good and sufficient cause shown by affidavit.