Year: 1865

lin making up the calendar of causes for a
regular term of this Court, the Clerk will place
the cases on two separate lists, one to be denom-
mated the trial calendar, the other to be styled
the law and motion calendar. The trial calendar
shall contain all the actions and proceedings in
which issues of fact alone shall have been join
ed the law and motion calendar shall embrace
all cases in which issues Of law raised de-
nlGrrer or pleadings in the natare of demurrer.
cad all caees in which motions are pending to
correct or adjust the pleadngs, md all actions
anI proceedings in which both issues of law and
fact snail have been joined


1.-THE Clerk shall place the cases on the re-
spective lists ir the o-Ier of the time in which
the respective issues were joined, or the motions
filed. briefly noting the character OF the action,
the kind Or object of the proceeding, the date
Of the issue or motion, and state whether the is
sue ]; made on an answer demurrer, or by the
motion.


iII-The first day of the session of a regular
term Of the Court is styled law and motion day,
which m otons for the regulation of the cal
enlar the correction or adjustment of peadings
and arguments upon demurrer. shall be heard
But such business may be postponed upon good
cause shown therefor. not beyond the third day
Of the session and if any such motion de-
mnrrer shall not be moved for hearing argu-
mcnt by any party interested in the same within
chat time. the SAINT within that time, the same
shall be deemed to b. continued over the term.
and such default shall carry the cause with it,
.Inlcss hy the consent Of the opposite parties to
the action or proceeding such motion or demurrer
shall be waived or Withdrawn within the first
three days OF the session Of the Court, and be
placed on the trial calendar, to be tried during
the term III the discretion Of the Court. No mo-
ton TO correct adjust the peadings in any
cause, except to correct mere clerical error
mistake, shall be entertained unless the same
l.,ll ,1a !
first three days Of the session, in any regular
fern Of the Court


IV--Al issues anS motions shall be tried or
heard in the order il which they shall have
sPeclyely been placed regularly the calendar,
uucss for sufficient oaase shown on any issue
Tie hearing Of motion shah be postponed or
Continued by order Of the Court And where Il
motion of issue shall lie so postponed or con-
tBuoG. the shall be placed at the foot of its
respective list, and when there shall be more than
one several motions issues postponed or
continued, they shall be placed in the order
OF their respective dates; but for good cause
shown, any motion may &c heard or an issue
tried out of its regular order, in the discretion
of the Court.


v-After the hearing or disposal Of the law
Issues and motions in cause the same may be
placed on the trial calendar IN the order of the
date of the issue Of fact made by the answer
therein If there be one and the cause shall
stand on the "a ne footing as though it had been
placed there in the first instance but IN no
issue of fact has been joined in the cause, and
the party against whose pleading the demurrer
or objection shall have been sustained has had
leave 10 amend the same. and an issue Of fact
shall be made in the carse according terms
prescribed by the Court or the provisions of the
statute in such case made, during the session,
the Court may then order the cause on the calen-
dar. and try such cause in its discretion at the
same term.


VINO action or proceeding in which an issue
either of law or of fact shall not have been join
cd Jefore the first day Of regular term of the
Court, shall be placed on the calendar, unless
by the consent or motion Of the parties, plaintiff
and defendant, in the cause and then to be tried


in the discretion OF the Court during the term.


vII-Demurrers and motions shall he heard
and disposed of according to the provisions of
rules third fourth and ninth and tho trial of
actions and proceedings regularly placed upon
the trial calendar shall be had in the following
order. viz. Criminal cases shall have precc-
dence over civil actions, and after the first three
DAYS Of the session shall be first tried or disposed
of and such civil cases shall have been desig-
mated 20 be tried by jury. (if tried by jury)
will be next tried in the order of the dates of
their respective issues, and all other civil causes
remaining on the calendar will then be tried or
disposed of under the provisions of the fourth
rule IS by this rule modified.


Vlll-Au inquest may be made in any action
or proceeding during term time when necessary
or proper 10 enable the Court to render judgment
therein on the defaul; of party made aud duly
entered either in vacation or during the term, or
by the order of the Court upon any matter of
proceedings in any case, whenever the Court may
properly require information proof in order to
render a proper decision or final judgment
therein.


IX-The party plaintiff or defendent, in an
Or n
hearing or trial whenever the case is reached in


its regular order on the calendar and if the
plaintiff shall fail 70 appear within ten minutes
after the same is called for trial, issue of
fact, when motion IS made by the defendant. the
cause shall be passed 70 the foot of the calendar,
or continued over the term in the discretion of
the Court and the costs OF the term be taxed
against the plaintiff: and in such case, where
the cause is moved for trial the part of the
plaintiff, if there shall be no appearance on the
part of the defcrdent in ten minutes after the
same is called, the plaintiff may have the same
continued the term AZ the cost of the de-
tendani, or proceed to trial in his discretion
And whenever demurrer motion is reached
in is regular order for hearing or argument, a
party interested in the same may move it for
argument and if the opposite party fails to ap-
pe2rswthin Joe uliuutes after the same is called
up Tor hesring,the argument may proceed in
the absence CT the deiauiting party, or the de-
murrer or motion may be submitted to the Court
for decision or disposal thereof, in the dis
cretion Of tie moving party.


X-When an action proceeding on the trial
calendar is reached in its regular order, and
neither the Plaintiff defendant shall appear
therein within fifteen minutes after both the re-
spectre parties are called by on officer Of the
Court, at the Court House door, the trial shall
be deemed waived for the term, and shall not
be tried during the term, unless upon good cause
shown by the plaintiff, upon affidavit excusing
his delinquency. ard paying the costs of the
term, orrby the consent of each of the opposite
parties, the cause be placed at the foot of all
other business, to be tried in the term in the
discretion of the Court.


XI-Unless notice thereof shall be fled ac-
cording to the statute in such case provided, no
trial by jury shall be had in any case, except in
equity cases involving an issue issues of fact,
on which the Court may properly require the |
findings or verdict of jury: or when some mat |