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RULE X XV.

The parties to every cause, now or hereafter pending in this court, shall have the liberty of submitting printed, instead of oral arguments.

RULE XXVI.

The remittitur in case of a writ of error shall contain a copy of the judgment of this court, annexed to the writ of error and the transcript of the record of proceedings, as brought into this court, under the seal of this court, and signed by the clerk thereof; and the remittitur in case of an appeal shall contain a copy of the decree or order of this court annexed to the petition of appeal, and the matters thereto annexed, as brought into this court under the seal of this court, and signed by the clerk thereof.

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No member of this court shall, as attorney, solicitor, or counsel, be concerned in or argue any cause in this court either upon error or appeal.

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Special motions shall require a notice thereof, with copies of the papers not records of this court, to be served at least two entire days before the motion is made.

RULE XXIX.

In cases of writs of error or appeals, the attorney on record or solicitor for the adverse party, if any, in the court below, shall be considered as attorney or solicitor, as the case may be, for the defendant in error or respondent in appeal; and notices and papers served on him shall be deemed good service, until the defendant in error or respondent in appeal shall give notice in writing to the plaintiff in error or the appellant in appeal that he has employed another attorney or solicitor, naming in such notice the attorney or solicitor employed, or until appearance entered by a new attorney or solicitor.

RULE XXX.

When a motion or preliminary or interlocutory matter has been argued or submitted to the court, the presiding officer shall

distinctly state the point or points to be decided, and shall then inquire of the court whether it is ready to decide the question; and if no objection is made by any member, the president shall ask each member his opinion, calling their names, and also expressing his own opinion, in such order as he may think proper, and shall then announce the decision, as the result may be; but if any member, on the question being put as aforesaid by the president, shall request or propose that the court shall have a consultation on the matter, the counsel and audience shall withdraw; and after the court shall have conferred and advised together of the matter, the doors shall be opened, and then the president shall, in manner aforesaid, call upon the members of the court for their respective opinions, and announce the judgment of the court in the matter, giving at the same time his own opinion thereon. The same course shall be pursued after the argument of a cause on the merits.

RULE XXXI.

When the decision of a cause depends upon distinct questions, the decision of either of which will dispose of the cause, the question shall be taken separately, if required by any three members.

RULE XXXII.

Affidavits, to be used on any special motions or arguments in this court, shall be taken on four days' previous notice of the time and place of taking the same, at which time and place. both parties may take affidavits. If such notice has not been given, no affidavit shall be read, unless a copy thereof has been served on the adverse party at least eight days before the first day of the term; and in such case the adverse party may take and use on the argument counter affidavits taken without notice.

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The rules of this court shall be considered as general rules for the government of the court and the conducting of causes; and as the design of them is to facilitate business and advance justice, they may be relaxed or dispensed with by the court in

any case where it shall be manifest to the court that a strict adherence to them will work surprise or injustice.

ADDITIONAL RULE,

Adopted July Term, 1846.

RULE XXXIV.

In the argument of any cause before this court, counsel shall' be limited each to one ordinary sitting of the court, not exceeding three hours, unless for special reasons the court shall see fit to grant further time..

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Where an account has been settled by arbitrators, and a bond and mort-
gage given for the sum awarded to be due, the court will not, except
in case of gross wrong, permit the account to be re-investigated, or
the validity of the award to be contested. Johnson's Ex'rs v.
Ketchum,

ADMINISTRATORS. Vide EXECUTORS AND ADMINISTRATORS.

ADMINISTRATOR'S BOND. Vide PREROGATIVE COURT, 4-7.

ADULTERY. Vide EVIDENCE, 8, 9.

AGREEMENT.

364

1. Equity will decree the specific performance of a parol agreement for
the sale of land, if the purchase money has been paid, possession of
the land taken by the purchaser, and improvements made thereon.
Casler v. Thompson,
59
2. Where a party's residence is in one state, and his place of business
in another, the presumption is that his contracts are made rather at
his place of business than at his place of residence. Varick's Ex'r
v. Crane,

128
3. In the absence of any direct evidence of the place in which the
contract was made, the money advanced, or the papers delivered, the
presumption obtains that the contract was made at the place where
the person lives who is to receive the money, or where the contract
is to be performed; and this presumption is not overcome by the fact
that the obligee lived in another state, and that the bond and mort-
gage were made and executed, and the mortgage recorded there. ib.
4. If a contract is susceptible of two constructions, that should be
adopted which will render it operative, rather than that which will
ib.
render it void.

5. The time specified for the payment of a bond may be enlarged by
141
parol. Vanhouten v. McCarty,

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