new entries shall also be published by the clerk and distributed to the bar, on or before the fourth day of the term. JURY FEES AND REFEREE'S FEES. 25. Jury fees shall in all cases be paid to the clerk by the party entering the cause in court, before the commencement of the trial. Referee's fees required by the statute of 1878 shall be paid to the clerk before the report is filed. If paid by the party not required to advance the same, they shall become a part of his taxable costs. REQUESTS TO CHARGE. 26. All special requests to charge the jury shall be presented to the court in writing before the opening of the argument for the defence. EXCEPTIONS. 27. Exceptions on the trial of any cause shall be drawn off by the excepting party and submitted to the adverse party, within five days from the rising of the court; such adverse party shall return the same with his proposals of amendment, if any, in writing, within ten days from the rising of the court. The proposed exceptions and amendments shall be presented to the presiding judge for allowance as soon as practicable thereafter, provided that the times limited by this rule may be extended by special leave of the presiding judge. No exceptions shall be allowed unless the point relied upon was presented to the court in writing at the trial, or noted in writing by the court at the time of making the decision excepted to, if to a decision of the court, and if to the charge, before the jury retire. COPIES FROM REPORTER. 28. Either party desiring a transcript of the testimony or charge, or any portion thereof, from the reporter's notes, for use in the cause, may apply to the court for an order therefor, which order, if granted, shall be noted on the clerk's docket, and the reporter shall furnish the transcript required within the time fixed for such order. 29. ASSESSMENT BY CLERK. When judgment shall be rendered otherwise than on the verdict of a jury, unless otherwise ordered, the clerk shall assess the damages, giving reasonable notice to the respective attorneys, whenever such notice shall have been requested of him by the attorney of the party against whom the judgment is rendered; and the clerk may submit any question of law, arising upon facts by him found, to the presiding judge. Necessary and actual attendance of witnesses upon assessments may be taxed and allowed as costs to the recovering party. 30. TAXATION OF COSTS. Costs shall be taxed by the clerk on reasonable notice to the attorney of the adverse party, if requested in writing. In case of objection to the clerk's taxation, the party objecting may appeal to the presiding judge, setting forth in writing the items objected to, with the objections to the same. PUBLICATION. 31. In case of any publication of notice under an order of court, it shall be the duty of the clerk to inspect such publication, and his certificate that the same is made in pursuance of such order shall be prima facie evidence that such order has been duly complied with. FILES AND RECORDS. 32. No files or records shall be permitted by the clerk to be taken from his custody, except in pending civil causes; and these only in the discretion of the clerk, on application of an attorney in the cause, who shall leave with the clerk his receipt therefor. AGREEMENTS. 33. All agreements of parties, or their attorneys, to take causes out of the general rules, must be in writing and signed, or the court will disregard them when parties differ. PAYING MONEY INTO COURT. 34. In actions uex contract the defendant may pay money into court, to cover an admitted and specified portion of the plaintiff's claim, together with the costs which have already accrued; and the plaintiff shall, within twenty-four hours after application by the defendant's attorney, cause his costs to be taxed in full and lodged with the clerk; and in case the plaintiff shall neglect or refuse to tax his costs as aforesaid, the defendant may apply to the clerk, who shall immediately tax the same, and his taxation so made shall be conclusive on the plaintiff. And if thereafter the plaintiff pursue his suit and finally recover an amount of damages not exceeding the sum paid into court, and interest thereon from the date of such payment, he shall recover no additional costs; and the defendant's costs accruing after such payment shall be allowed to him. TRUSTEE CASES. 35. In all actions commenced by trustee process, the written disclosure of the trustee, signed by himself or his attor ney, shall be filed with the clerk on or before the third day of the first term. If the plaintiff shall propose interrogatories, the same shall be filed within twenty-four hours after the filing of such disclosure; and the answers and additional interrogatories shall succeed each other after intervals not exceeding twenty-four hours respectively. Allegations may be filed in analogy to the practice provided by Rule 9, in respect to filing special pleas. Unless interrogatories are proposed as aforesaid, commissioners shall be appointed at the first of any subsequent term, on application of any party, unless good cause to the contrary be shown. COSTS IN TRUSTEE CASES. 36. In trustee cases cost will be taxed as follows: Counsel fee for each term, $3. Counsel fee upon an actual hearing before the court, $5. Travel, 5 cents per mile, and attendance $1.50 per day, when the trustee personally attends court. No more than one day's attendance allowed unless the creditor requests the trustee to remain. Disclosures and answers (per folio), 15 cents. Attendance of counsel before commissioners (per day), $2. Attendance of trustees before commissioners, and in answering interrogatories, 5 cents per mile travel and 75 cents per day. Counsel fee upon jury trial, from $10 to $20. Nothing to be allowed trustees after the question of their liability is determined for waiting the determination of the suit against the principal debtor. Members of a firm summoned as trustees in their partnership capacity to be allowed costs as of only one trustee, except for actual and necessary travel and attendance. When any material fact in a disclosure or answer is travers ed by the plaintiff, and such fact shall on trial be determined against the trustee, and he shall by reason of such determination be held chargeable, no costs subsequent to such disclosure or answer shall be allowed him. "DAY." 37. The word "day" in the foregoing rules shall be construed to mean a natural day, ending at 12 o'clock at night of the day named. RULE. 38. If a party take testimony before a commissioner in Canada, he shall give the attorney of the adverse party ten days' notice of the time and place of taking, and a list of the names and residences of the witnesses. Motions for the appointment of commissioners in Canada to take testimony in cases on the new docket, shall be on the calling of the new docket; in cases on the old docket, upon the calling of the old docket after the jury is dismissed. 39. The court will, during the continuance of each term, take a recess from Saturday noon of each week until 2 o'clock P. M. on the following Monday. 40. RISING OF COURT-EXECUTIONS. Ex The clerk shall enter on the docket the exact day, hour and minute of the rising of the court at each term. ecutions may be dated on the next secular day after the rising of the court, but shall not issue until twenty-four hours after such rising, unless by special permission of the court. 42. AMENDMENTS. These rules shall be amended or altered only upon the recommendation of at least four of the judges of the supreme court, at some regular or general term thereof, specifying in writing the amendments or alterations, and which shall have force and take effect at the expiration of three months after the date of such recommendation. |