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Oyer and Terminer and Circuit Court

1868 Jan. Part 1 Jan. Part 2 Feb. Part 1, and Oyer and Terminer Feb. Part 2 Feb. Part 3 Mar. Part 1 Mar. Part 2 Mar. Part 3 Apr. Part 1 Apr. Part 2 May Part 1 and Oyer and Terminer May Part 2 May Part 3 June Part 1 June Part 2 Oct. Part 1 and Oyer and Terminer Oct. Part 2 Oct. Part 3 Nov. Part 1 Nov. Part 2 Dec. Part 1 and Oyer and Terminer Dec. Part 2 Dec. Part 3

1868 Judge from another district. Judge from another district. Ingraham Judge from another district. Judge from another district. Barnard. Sutherland. Judge from another district. Judge from another district. Judge from another district. Cardozo. Ingraham. Judge from another district. Judge from another district. Judge from another district. Barnard. Judge from another district Cardozo Judge from another district Judge from another district Sutherland Judge from another district Judge from another district

1869 Jan. Part 1 Jan. Part 2 Feb. Part 1 and Oyer and Terminer Feb. Part 2 Feb. Part 3 Mar. Part 1 Mar. Part 2 Mar. Part 3 Apr. Part 1 Apr. Part 2 May Part 1,and Oyer and Terminer May Part 2 May Part 3 June Part 1 June Part 2 Oct. Part 1, and Oyer and Terminer Oct. Part 2 Oct. Part 3 Nov. Part 1 Nov. Part 2 Dec. Part 1, and Oyer and Terminer Dec. Part 2 Dec. Part 3

1869 Cardozo. Judge from another district. Cardozo. Ingraham. Clerke. Ingraham. __________ Cardozo. Judge from another district. Judge from another district. Sutherland. ___________ Cardozo. Judge from another district. Judge from another district. Ingraham. Sutherland. Cardozo. ____________ Judge from another district. Sutherland. Ingraham. Clerke.

Where two Circuits are to be held at the same time, the odd numbers will be placed on the calendar of Part 1, and the even numbers on the calendar of Part 2. When Part 3 is held, the reserved and set-down causes will be placed on the calendar for that part, without regard to numbers.

Regulations

Notices of all issues of fact already joined and triable in the city of New York, with a notice that the same have not been disposed of, to be served on the Clerk, and be put on the calendar for the ensuing January Circuit.

During the first week of that Circuit, motions to correct the calendar may be made.

After that week the calendar will remain unchanged, and continue the calendar for every successive Circuit during the year until all the causes on it shall be tried, each Circuit beginning on the calendar where the immediately preceding Circuit left off, and new causes to be placed in order at the foot of the permanent calendar.

After the first week of each Circuit (during which motions to correct the calendar may be made), the calendar of the causes which may have gone down at the previous Circuit and the new issues will be entered as part and in continuation of the permanent calendar; and so on, from Court to Court, until the end of the year.

These regulations do not affect the question of noticing the causes for trial, as the Statute may require.

Hereafter no causes will be reserved, generally, after they are placed on the day calendar.

No cause on any Day Calendar will be passed, except where the counsel is actually engaged in a trial of a cause in another court in the city, or in the Court of Appeals; and then only until such an engagement is discharged, or upon proof of the absence of a witness duly subpoenaed.

Parties, by consent, may apply to the Clerk, and have any cause on the Circuit Calendar reserved generally, and set down for a particular day, before it is placed on the Day Calendar ; and may, on filing with the Clerk a like consent, have the same placed on the Day Calendar, or apply to the Court on a notice of two days therefore.

Special Circuit Calendar

At any Circuit, until further orders, any causes belonging to either of the following causes may be placed on a Special Circuit Calendar, unless the trial is likely to occupy more than one hour.

1st. Where the action is on contract, and the answer merely denies the allegations in the complaint, without setting up any new matter.

2d. Where the action is on contract, and new matter is set up in the answer, and there shall be reason to believe that the defense is made only for the purpose of delay, or where it shall appear in such action, by affidavit, that the cause can be tried in an hour.

To entitle the cause to be placed on such calendar, the plaintiff s attorney must give a notice of four days, to be heard before a Judge at Chambers, that he will move to have the cause placed on such calendar; and if the motion be granted, the cause may be heard on any subsequent Friday.

If the motion be founded on the belief that the defense is for delay, or that the cause can be tried in an hour, affidavits must be served at the time of notice.

The plaintiffs attorney must deliver to the Clerk of the Circuit a like notice one day before such Friday, containing also the number of the cause on the General Circuit Calendar.

If the cause shall actually occupy more than one hour on the trial, the trial may be suspended, at the discretion of the Court, and the cause be put down at the foot of the calendar; and the party moving the cause on the short calendar may be charged with the costs of the term.