Bozeman avant courier. [volume] (Bozeman, Mont.) 1872-1882, 1873-03-21
r Ngls7777 ~ y ~
! Rules OF Practice

Rules OF practices
For the First Judicial District in and fo1
the County OF Gallatin. Montana Territory.
Adopted. March Term 1873.
III addition o the statutory rules Of prac-
'ticc, the following ruies shall Be observed n
the practice IL this county, wherever tlle
same shall not conf let with the statute
!. Bcforc tue filing OF any complaint there
shall be endorsed thereon the names Of the
parties, plaintiH and defendant. togefher
with the object Of action.
q .. The Clerk, at least, ave days before
each term. shall number and enter all causes
in new place on the calendar not disposed
OF al prior term, and in the orderin which
they shall remain thereon; ana. also, enter
all new cases according to the date of the
issue of the same, and knowing reference 10
the probable duration of such, he shall assign
the same for trial and hearing ON particular
days, before which witnesses need mol. ap-
pear, nor parties be required to proceed to
trial.
y The first day of each term shall be de-
voted TO convoning the grand jury, calling
the docket, hearing .demurrers, motions and
entering judgment ~ dsfanlt. The amount
in all cases Of defaiiltshaIt se furnished when
default is made ami. notgd by the court.
And, npon such calling of the docket any
case may be passed BY consent. or by order
OF the court. but. ID that event, will not be
taken up until all other cases assigned for
that day are disposed Of. I
a. The trial jury shall be summoned for
the second day of each term and the trial Of
all cases wherein there shall be oral evidence,
shall be tried In the order III which they ap-
pear on the calendar, unless by consent OF
parties or the order of the court, the same
shall be lnterchanged or placed at the heel
Of the calendar. (but criminal eases, where
the defendant is in custody, shall have pre-
ference over all others. )--And the time OF
hearing all other cases shall be IN the order
in which they stand~upon the docket. a5fs'
5. In causes standing on demurrer, the
party demurrihg shall present to the court
on the call of the case, or Upon further time
allowed brief containing a statement Of the
permits and authorities relied on, or, the
demurrer may be discharged. I.
9. Motions for continuance shall not be
debated. s 40 77.
Z. Exceptions to dispositions unless for
incompetenct or irreleyancy,) shall be In
writing, specifying the grounds of objection,
and filed with the papers at least one day be-
fore the commencement OF the trial, and the
court shall hear and determine the same
before trial. And If both parties shall have
attended and cross examined, either party
may nse, such deposition on trial. Il Is
] s. The docketing of a motion In case
pencing in time, shall be notice TO the op-
sposite party after twenty four hours from
the locketing and fling of the same. H.
8. In no case when .pleadings are amended.
shah the same be by interlineatlon, or the
original be withdrawn, except BY leave OF
court. Nor. shall any pleading be taken
from the files (naless by the Judge) unless
a party or an attorney shall receipt to Il .
clerk therefor. stab IDS
10. The papers in each case shall be kept
separate In an envelope with the title OF the
case therein inlorscd. tts
IL. But ore Counsel or either side shall
examine witness, aud but two on 4. side
shall argue case to the court, orjury. And
tponthe determination OF question by the
court, no Counsel will be further heard UNI
less by express permission Of the court. i
4 II. All causes and matters pending at the
Term and not >fls~---:s~ >si~r,orcu vi. VIII
stand continued until the next term.
ls. In the argument OF acase to the judge
or jury. the judge-may' limit tie counsel US to
time.
IA. Stipulations and private agreements of
counsel or parties will rot be recognized.
unless the same be reduced to writing and
signed by the parties, or their counsel.
} IA. Either the Sheriff, Under-sherif or
Deputy Sheriff, shall remain in court while
in session and preserve order therein.
FuxER6L OF DR.. MAUpIN.-The funeral OF
DR.. Ira B: Maupn took place in this city yes.
terdav. At 10 o'clock q. m. the members OF
the Masonic Fraternity assembled at their
Temples and after forming in procession pro-
ceeded to the former residence Of the de-
ceased. whence they conveyed the body to
the n. F. Church South. This edifice wa,
filled to overfowing. and many who sough,
admission were Unable to obtain it. The
funeral discourse was delivered by DR.. E.
W. Stone, who referred, in an eloquent man.
ner TO. the character OF the deceased in the
various capacities ofiife, and TO the severe
loss which his death inflicted upon the COM
munity. At the close Of the sermon the
funeral coitege formed In following order:
Tiler OF Morning Star Lodge, A. F. and A. NJ.
Helena Silver Correct Band, members of the
Morning Star. Lodge, members of Helena
Roysl Arch Chapter, Hcarse with Pail
Bearers. carriages with m curriers' and friends
Of the decersed, and q large number Of friends
on horses. The procession contained over
two hundred members Of the Masonic order,
some sixty carriages, about fifty horsemen
and was over half mile in length. AS II
passed through our streets, large number Of
our citizens lined the sidewalks, thus tcsti-
tying to their respect for the one who was
being borne to his last resting place. Ar.
rived at the cemetery, the body was buried
with impressive Masonic ceremonies. the
wllifea ron was deposited in the grave, each
brother cast spring OF evergreen on the cpf-
fin. a hymn was sang, 4 prayer was said
while the brethren knelt with uncover cd