APPENDIX.

RULES OF COURT.

THE rules of the court ought not to be used for purposes of oppression, or in order to bring about a determination of the case upon technicalities, at the expense of the substantial merits. Micklethwaite v. Rhodes, 1 Barb. S. C. R. 57.

RULES OF COURT OF APPEALS.

RULE II. (2)

Unless the respondent can show some delay or inconvenience in not making the return in pursuance of this rule, or not serving the copies of the case as required by rule 7, the defaults taken under those rules should be relieved against upon terms, in all cases where it appears that the appeal is brought in good faith. Waterman v. Whitney, 7 Pr. R. 407.

RULE VII.

Where, after the respondent had entered an order under this rule, dismissing the appeal for want of prosecution, and the cause had been remitted to the court below, the appellant moved to set aside the said order entered by the respondent, and per Curiam, "Although the respondent has been regular, the appellant would be relieved on terms if we had power to grant it; but as the cause has been regularly remitted to the supreme court, we no longer have jurisdiction, and cannot grant relief. The only remedy is a new appeal." Dresser v. Brooks, 2 Coms. 561.

See note to Rule II. supra.

RULE IX.

Will the court take notice of any matter not raised by the points submitted? Dollaway v. Turrill, 26 Wend. 398 and 403.

RULE XVI.

It has been decided by this [superior] court upon full consideration, that after a remittitur has been regularly filed, and an order entered to carry into effect the judgment of the appellate court, the order will not be vacated, and the remittitur taken from the files, without some suggestion from the appellate court itself that the remittitur does not conform to its judgment, or has been irregularly issued. Seldon v. Vermilyea, 3 Sand. S. C. R. 683; Bogardus v. Rosendale Manufac. Co., 11 Leg. Obs. 126.

Miscellaneous Practice at the Terms of the Court, not included in the Rules.

All the terms are held at the capitol, in the city of Albany. Four argument terms in a year.

The court opens at 10 o'clock, A. M. on the first Tuesday of January, fourth Tuesday of March, third Tuesday of June, and the last Tuesday of September.

A term for consultation and decisions, to finish up the year's business, is held in the latter part of December in each year.

The chief judge has control of the calendar. All propositions in reference to the arrangement or disposition of causes should be addressed to him. (The other members of the court are usually consulted.)

Causes struck off under the rule are not included in the ten called each day under the rule.

The clerk publishes in the newspapers at Albany, all the proceed. ings of the court each day, during the term.

A cause, when ready on both sides, may be submitted upon printed arguments and points, on any day during the term.

When causes are decided at the close of each term, the opinions are delivered to the reporter-not to the clerk. In cases of mo

tions, the opinions are usually left with the clerk among the motion papers.

Tuesdays and Fridays of each week are motion days.

The court usually adjourn for the term on Friday of the fourth week.

Causes argued or submitted are usually decided at the close of the next succeeding term.