The following rules to be observed in the Second Judicial District, are adopted in regard to the order of business and allowances to be made under section 308 of the Code of Procedure: 1. Issues of law shall be first tried and decided at a special term. 2. At the general terms of the court, ten causes only will be called in each successive day during the term. They will be called and heard in the order in which they stand upon the calendar, and no cause will be reserved, or set down for hearing out of the order herein prescribed. 3. Two hours and no more is given to the counsel on each side for the argument of causes at the general and special terms, unless the court, upon special application at the commencement of the argument, shall otherwise direct. 4. In actions tried at the circuit or the special term, applications for additional allowances under section 308 of the code, must be made to the justice who heard the cause, unless he is out of the State, or unable to attend to business from ill health, or out of office. And in actions heard before referees, the application must be made in the judicial district where the action is pending. Such allowances will be made whenever there has been a trial, and the parties have appeared and litigated the questions in controversy. 5. No allowance shall exceed the sum of $100, unless due notice of the time and place of making application therefor be first given to the adverse party, nor unless it shall appear to the justice who shall hear such application, that the litigation in respect to which the allowance is claimed, has been unreasonably or unfairly conducted by the party to be charged with such allowance. 6. In actions for the foreclosure of mortgages, where the defendants do not exceed five in number, the allowance shall not, when added to the costs given to the plaintiff under section 307 of the code, exceed the sum of $40. And in cases where there are more than five defendants, such allowance shall not, when added to the costs given to the plaintiff under section 307 of the code, exceed in amount the costs heretofore given to the solicitor for the complainant under the 1st section of the act of the 25th May, 1841, to amend the act to reduce the expenses of foreclosing mortgages in the court of chancery. 7. A printed copy of these rules shall be annexed to every calendar of causes hereafter made up for trial at the circuit, and for hearing and argument at the general and special terms of the court, by the clerks who furnish such calendars. SUPERIOR COURT RULES. ADOPTED JANUARY 18TH, 1851. RULE 1. THE general and special terms of the court will be held on the first Mondays of January, February, March, April, May, June, October, November, and December, in each year, and will continue until the last Saturday of such months, respectively. RULE 2. At the general terms, the court will hear appeals, enumerated motions, and causes transferred from the Supreme Court, pursuant to the act of 1849, which have not heretofore been heard. The general term will open at eleven o'clock A. M. RULE 3. The special term will consist of a trial term, held by two Justices, severally, and a term held by one Justice, which will be designated the special term. For the trial term the clerk will prepare a calendar, containing the issues of fact to be tried by a jury. Such calendar will be called and regulated by the Justice holding the principal trial court. The other Justice at the trial term, will aid him in the side court, as heretofore practiced. The trial term will open at ten o'clock A. M. RULE 4. For the special term the clerk will prepare a calendar, containing first, the issues of law noticed for argument at such term; and second, all issues of fact noticed for trial, which are designated on the notes of issue as causes not required to be tried by a jury, by section 253 of the Code of Procedure, or in which a jury trial is waived. The special term will open at ten o'clock A. M., and the first hour will be devoted to the giving of judgment in undefended causes, and the hearing of litigated non-enumerated motions. The calendar will be taken up each day at eleven o'clock A. M. RULE 5. Non-enumerated motions will be heard by one of the Justices at the Special Term Room and the Chambers, daily at ten, A. M., throughout the year, except on New Year's Day, Good Friday, the Fourth of July, the day of the Annual Election, Thanksgiving Day, and Christmas. For such motions, and for the purpose of making all necessary orders, and giving judgment in causes, under chapter first of title eight of the second part of the code, a special term will be held every day during the vacations, at ten o'clock A. M. RULE 6. The Justices designated to hold the general terms will attend at chambers daily, during their respective terms, from ten to eleven, A. M., to dispose of ex parte applications, and of non-enumerated motions, in which all the parties are present or represented. All applications for ex parte orders, and for judgments upon failure to answer, during the general terms, must be made before eleven o'clock A. M. RULE 7. Appeals from all orders made on non-enumerated motions will be heard on each Saturday during the general terms, at eleven, A. M., and must be noticed for that time. The court, at the conclusion of the June term, will appoint general terms, for hearing such appeals only, to be held during the vacation. RULE 8. A party intending to move to set aside a verdict as against the evidence, must obtain from the Justice who tried the cause, an order staying the proceedings for that purpose. Such a motion will not be entertained, unless the stay of proceedings be obtained and served within four days after the entry of the judgment by the clerk, or before the insertion of the costs by the clerk in the entry of the judgment. The court, by order, may permit the judgment to be entered and collected, without prejudice to a motion to set aside the verdict; and may impose such terms on each party, in respect thereof, as to the court may seem meet. RULE 9. The party moving to set aside a verdict as against evidence, must prepare a case and procure the same to be settled in the usual manner. If the party making the case intend to appeal from the judgment, when entered on the verdict, because of errors of law alleged to have occurred at the trial, or in the direction for judgment, he must present such alleged errors in the case made for setting aside the verdict. If the errors complained of were excepted to in due season, when they occurred, the case may be turned into a bill of exceptions, as of course, in the event of the application to set aside the verdict being denied. RULE 10. The motion to set aside the verdict on the case when settled, must |