NOTICE TO ATTORNEYS

The first Monday of each session only will be a motion day, on which oral arguments will be heard in original motions. Original motions may be submitted, without oral argument, on any Monday when the court is in session, provided they are submitted by both sides.

After the day calender is made up at 6 o'clock P. M.-stipulations are too late. The Clerk has then no power to leave a number off.

The full number of cases and points (16) are required, without which appeals may not be

heard.

The "Order Calendar" is composed of preferred causes, and the notice of argument must claim the preference "as an appeal entitled to be heard under Rule XI." Appeals from orders should be noticed for the first Monday of a session.

The County Clerk's certificate, or waiver thereof under section 3301, Code Civil Procedure, are necessary parts of the printed case on appeal.

When a new calendar is ordered, it is desirable to notice causes in which the returns are filed, at

once.

Counsel residing in New York city and its vicinity who intend to argue causes on the General Calendar, should send their residence addresses to the Clerk, and should promptly notify him of changes in their office addresses. The daily sessions of the Court are held from 2 o'clock P. M. to 6 o' clock P. M., except Fridays only when it will sit from 10 A. M. to 2 P. M. Every exhibit presented to the Court should be plainly marked with the address of the Counsel presenting the same, as well as the title of the

cause.

The Clerk always submits for Counsel who are absent when their cases are called for argument, provided their papers have been filed, as directed by Rule VII.

Requests for copies of opinions should be addressed to the State Reporter, Albany, N. Y. The sixteen printed copies of the case required by Rule VII to be filed with the clerk must be bound in light-colored (not dark) paper and should not be sent to the clerk for filing until after the appeal has received a calendar number.

Each day's calendar and all court notices to the Bar are printed in the New York Law Journal, which is the legal publication through which the clerk endeavors to read the legal profession.

Attention of attorneys is called to Rule VII, which will be strictly enforced.

RULES OF PRACTICE

(Adopted Oct. 22, 1894)

RULE I

Appellant to file return; effect of omission.If the appellant shall not cause the proper re

turn to be made and filed with the clerk of this court within the time prescribed by law (Code Civ. Proc., § 1315), the respondent may, by notice in writing, require such return to be filed within ten days after the service of the notice, and if the return be not filed in pursuance of such notice, the appellant shall be deemed to have waived the appeal. On an affidavit proving that the appeal was perfected, and the service of such notice, and a certificate of the clerk that no return has been filed, the respondent may enter an order with the clerk dismissing the appeal for want of prosecution, with costs; and the court below may thereupon proceed as though there had been no appeal.

RULE II

Further return may be ordered. If the return made by the clerk of the court below shall

be defective, either party may, on an affidavit, specifying the defect, and on notice to the opposite party, apply to one of the Judges of this court for an order, that the clerk make a further return without delay.

RULE III

Attorneys and guardians below to continue to act.-The attorneys and guardians ad litem of the respective parties in the court below shall be deemed the attorneys and guardians of the same parties respectively, in this court, until others shall be retained or appointed, and notice thereof shall be served on the adverse party.

RULE IV

calendar causes a case shall be made by the Appellant to make a case; its form.-In all appellant, which shall consist of a copy of the its judgment, or an affidavit that the same canreturn, and the reasons of the court below for not be procured, together with an index to the pleadings, exhibits, depositions and other principal matters. Every opinion in the cause at Special Term, as well as at the Appellate Division of the Supreme Court, relating to the questions involved in the appeal, is included by the foregoing provision.

RULE V

Cases and points to be printed; mode of printing.-All cases and points, and all other papers furnished to the court in calendar causes, shall be printed on white paper, as provided in section 796 of the Code of Civil Procedure, and, if bound, the covers shall be of light-colored paper, which can be legibly written upon. The folio, numbering from the commencement to the end of the case, shall be printed on the outer margin of the page. Small pica leaded or ten point leaded with four to pica leads, is the smallest letter and most compact mode of composition which is allowed. No charge for printing the papers mentioned in this rule shall be allowed as a disbursement in a cause unless the requirements of