Wheeling daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1852-1859, 1852-11-18
cironit conrt ID Ohio County.

The Clerk viii allow at least three days at
the COMMENCEMENT Of each term for Criminal causes
and mot ons of course.
q He will not set more than twenty-five causes
10 each day, not setting any causes for Friday and
saturday of each week, except the first week,
when otherwise there may be no business for those
DAYS. This limitation of the number Of causes
for the day, not to apply where the causes are on
Office Judgments, and from his knowledge of the
docket, and in his opinion will not be ltigated.
Hewill set only as many causes for day Jas from
hislike knowledge OF the docket, and in his iudg-
ment will probably be tried on such day.
3. The docket of the four frSt days will be call
ed and tried in the consecutive order of the causes
IN whiehth are set for each week. With the
consent of counsel on both sides, cause may be
passed. to the second calling, which will be Fri
day or Saturday following, when the causes will
be disposed of for the term unlaSs as hereafter
presided 50. COS
4 The consecutive order of trial will cease
with the week of each four days docket, and each
week VIII commence with its own docket.
q. Causes will not beset for particular days 9TH
erwise than as aforesaid, except where cause for
want of time, cannot be tried in the week for
which It's set or unless upon special case made;
aud in such case, the day to be fixed shall be af-
ter the time occupied by the whole docket, or TO
some intermediate day, en- which. it shall appear
that the court viii not be otherwise occupied.
6. Upon application to fx trial for particular
day for special cause. the rules of practice will
prevail as in application for continuance; andin
no event, will such PostpoRement take place when
the opposite party ready trial and counsel will
state or his client make oath OF affirmation that he
cannot be prepared for trial at subsequent day
of tho term, either from the absence Of witnesses or
unavoidable engagement of himself or counsel, or
that, from the state of the docket and the time of
4he term, OF other circumstance, the cause could
not probably be tried during the tenn.
!. When causes are fixed for particular day
IFGidays and Saturdays of each week and the spe
oiRl casss, last mentioned) they will be tried in
thezGrder on thedocket of the Court. yieleing pre-
cedenes ito causes = hich may not have been called
during the week, or at the end Of the docket to
causes which may have laid over for want of
time to tIy thea. Any cause not tried for want Of
time, in any week for which it Is set, and not
placed at the head ofthe docket by any subsequent
action of the parties shall nOtloose its place the
docket for the following term. e-
q. The statement Of counsel made in the stead Of
his client shall be regarded as sufficient evidence
ofths readiness OF his client for trial, under the
seventh rule, and will be taken TO include the
faotthat these IS defence, other than the want of
readiness Oftheopposite party. But all appIica
Gions for POsponement or continuance of cause
shall be on cath, affirmation OF affidavit, unless
waved BY the opposite party.