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A new calendar of causes noticed for trial will be made up for the January term, 1854, for which notes of issue must be filed on or before Wednesday the 28th of December, inst.

All notes of issue for that and every subsequent term, must state distinctly the nature of the issue (whether an issue of fact to be tried by the jury, an issue of fact to be tried by the court, an issue of law, &c.) Such notes shall also state whether the case was on the calendar at the close of December term, 1853, and if so, shall state the number of the cause on that calendar.

The clerk is directed not to enter any cause upon the calendar, unless the note of issue therein conforms to the foregoing direction.

Such calendar will be continued for the succeeding terms, until the causes thereon are disposed of, or during the year.

Causes which are reached on the calendar at any term, and are not tried or heard, shall be placed at the foot of the calendar, unless it is otherwise ordered.

New issues may be noticed for trial at any term after issue joined, and on filing the note of issue shall be added to the calendar for such term.

These rules are not intended to dispense with a service of a notice of trial for each term, as required by law.

Ordered, That the following be adopted as the appointment of the terms of this court for the years 1854 and 1855.

Appointment of the Terms of the Court of Common Pleas for the city and county of New York, for the years 1854 and 1855.

General terms for hearing arguments shall be held on the first Monday of March, July, and November in each year, and shall continue for three weeks if necessary, to open at 11 o'clock A. M.; and during those terms, motions may be made at chambers, between 10 and 11 o'clock A. M.

Motions in calendar causes may be noticed for the first Wednesday in each of these terms.

General terms for making decisions, and for the submission of appeals from the marine and justices' courts, and from orders at special term, and for the review of orders under the rule of 22d March, 1851, shall be held on the fourth Monday of each month, except July and August, to open at 11 o'clock A. M.

Special terms for motions and the trial of issues of law shall be held on the first Monday of January, February, March, April, May, June, September, October, November, and December, and for all purposes except the hearing of motions for new trials, and trials of issues of law, on the first Monday of July and August. But the calendar will not be called at the March and November terms, before the third Monday, nor until 12 o'clock M. during any of these terms.

Two special terms for the trial of issues of fact shall be held on the first Monday of January, February, April, May, June, October, and December, and one special term on the second Monday of September, and shall continue three weeks. The judge holding such term, may continue the same during the fourth week if he shall deem it expedient. All the special terms will open at 10 o'clock A. M.

TERMS OF THE

COURT OF COMMON PLEAS

For the City and County of New York, for the residue of the year 1855.

GENERAL TERMS FOR ARGUMENT.

1st Monday of November,

. Held by all the Judges.

Open at 11 o'clock A. M.

GENERAL TERMS FOR THE SUBMISSION OF APPEALS FROM INFERIOR COURTS, FROM ORDERS, ETC.

4th Monday of September, Judges Ingraham and Woodruff.

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Ingraham and Woodruff.
Ingraham and Daly.
Daly and Woodruff.

Open at 11 o'clock A. M.

SPECIAL TERMS FOR THE TRIAL OF ISSUES OF FACT.

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SPECIAL TERMS FOR THE TRIAL OF ISSUES OF LAW,

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APPEALS FROM THE MARINE AND JUSTICES' COURTS OF THE CITY OF NEW YORK.

(See Code, § 34, also Title 2, Chap. 5.)

1. 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 at the general term, on the first day thereof, for an order dismiss ing 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 therefor.

2. 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 chambers, to compel such return by attachment.

3. If the return be made and noticed pursuant to the code, the appeal shall be heard on written arguments or points. The appellant shall serve his argument or points on the respondent or his attorney, at least five days before the commencement of the term. The respondent shall serve his answer on the appellant or his attorney, before the first day of the term. The appellant may reply thereto, and the case shall be submitted to the court on such first day of the term for which the same shall be noticed. Only one copy of the argument and points shall be prepared; and if either party omit to serve or submit his points or arguments as above specified, he will be deemed to have waived the right to do so.

4. Either party may move at chambers, before the first day of the general term, on notice, that the appeal be argued orally; and on good cause being shown therefor, such motion may be granted.

5. The clerk shall make a separate calendar of such appeal cases.

6. The appellant or respondent may furnish a fair copy of the original papers for the use of the court.

INDEX.

[The reference is to the page. The letters following the figures refer to
corresponding letters on the pages indicated by the figures.]

ABATE, when action not to, 113.

does, 115 j.

ABATEMENT, answer of matter in, 189 a, b, c.

ABSCONDING DEBTORS, justice has jurisdiction of, 58 c.
attachment against property of, 324.

provisions of Revised Statutes as to, not repealed, 636, 326 e.
ABSENCE FROM STATE, effect of on time of limitation, 90.

when it amounts to a non-residence, 273 b, 274 c, e.
See Non-resident.

ABSENT DEBTORS, jurisdiction of county court of, 41.
See Non-resident.

ACCOUNT, how stated in pleading, 227.

verified copy of, to be delivered, 227.
further, may be ordered, 228.

in justices courts, either party may be required to exhibit, 67.
pleading founded on, 66.

reference to take, on judgment for want of answer, 345, 391 h.

after judgment on issue of law, 383.

for information of court, or to carry a judgment into effect, 389.
of agents, 572 c.

bill for, differs from a bill for discovery, 572 d.

by county treasurer, 685.

by guardians, 612.

See Bill of particulars, Current account, Long account.

ACT (Code), division of, 19.

when to take effect, 638.

to what to relate, 19, 636.

construction of, 634.

supplementary, 639.

extended to suits on forfeited recognizances, 637 c.

ACTION, defined, 18, 78.

what is, and what is not, 18 a, d, e, 19 a, 20 a, 181 a.

provisions of Revised Statutes applicable to proceedings in, not repealed, 637.

abatement of, 113.

consolidating, 249 d to h, 250 a, b, c.

discontinuing, 509 d, 62.

fictitious, 553 a.

ACTION-continued.

form of, 244 f, 78.

kinds of, 19.

limitation of, 80.
parties to, 94.

place of trial of, 120.

severance of, 367 c, 255.

transfer of, 42, c, d, 44.

See Cause of action, Civil action, Existing suits, Thing in action.
ACTUAL DETERMINATION, judgment by consent is not, 23 h.
ADDITIONAL ALLOWANCE.

See Allowance.

ADDITIONAL TIME. See Further time.

ADJOURNMENT, of court of appeals, 31.

general and special terms of supreme court, circuits, and oyer and
terminer, 37.

of hearing before referees, 386 1, 394 f, 395 a, b, c, d, 398 i, 403 i.
of examination in supplementary proceedings, 452 b.

in district court, 75 g, h.

in marine court, 73 a.
in justices' courts, 70 e.
costs on, 502.

ADJUSTMENT OF COSTS, by the clerk, 495.

notice of, 495.

what a sufficient notice, 496.

effect of omitting notice, 496.

power of clerk as to, 496.

disbursements how stated and verified, 497.
review of, 498.

by judge at chambers, 498.

ADMEASUREMENT OF DOWER, in county court, 40.

Revised Statutes as to, not repealed, 637, 637 f.
See Dower.

ADMINISTRATOR. See Executor.

ADMIRALTY causes, superior court claims jurisdiction of, 45 k.
jurisdiction, marine court not to exercise, 71.

ADMISSION, of counsel and attorneys regulated, 655.

of service of summons, 155, 156 e.

of genuineness of paper, when may be required, &c., 565.
by assignor of thing in action, 98 f.

in answer of part of plaintiff's claim, 338, 340, 341, 504 h.
in pleading, 251 c, g, 219 b, 197 i, 198 a.

by not answering or replying, 250, 251 b.
ADVERSE party, examination of, as a witness, 572.
possession, what is, 84.

ADVERTISEMENT, publication of, how proved, 156 d, 614 a.

of sale of real estate on execution, 433.

execution creditor not liable for cost of, 433 g.
foreclosure by, not affected by the code, 637.
See Publication.

ADVICE of Counsel, how sworn to, 666.

AFFIDAVIT, title of, 605.

copy to be served with notice of motion, 604, 604 d, 605 a.
copy to be served with order enlarging time, 604.

of advice of counsel, 366.

of merits, 365 c.

service of summons, 155.
concerning venue, 699.
of disbursements, 497.

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