exceptions to a master's report, shall be served by a solicitor of the party who sets down the cause, or brings on the argument, on the solicitor of the adverse party.

If the adverse solicitor resides in the county where the court is to be held at the time of the argument, the notice shall be served eight days exclusive, and if in any other county, fourteen days exclusive before the day of hearing or argument.(a)

The notice of bringing on a hearing, is as follows:

Sir,

In Chancery.

Between

{

A. B. Complainant,
and

C. D. Defendant.

Please to take notice, that I intend to bring this cause to a hearing, before the chancellor, on the first day of the next term of the court of Chancery, to be held at the City-Hall, in the city of New-York, at the opening of the court on that day, or as soon thereafter as counsel can be heard.

Yours, &c.

To G. H. Esq. Sol'r. for Defendant.

E. F. Sol'r. for Comp't.

(a) Rule 31.

OF SETTING DOWN THE CAUSE.

Special Contents.

I. Form of the Order.

II. Notice to the Assistant Register.
III. Note of Issue.

SETTING down the cause, means entering an order with the register or assistant register, that the cause be brought to a hearing before the court. According to our practice, this order is entered upon a motion of course, made by the solicitor or counsel in the cause, in the register or assistant register's office. (Sec form, post, p. 159.)

And all causes including pleas and demurrers shall be set down for hearing for the first day of the term, if there be time for that purpose, or for as early a day in term as circumstances will permit. (a) At the same time, when this order to set down the cause is entered, a notice should be served upon the register or assistant register, requiring him to set down the cause pursuant to the order for that purpose; (See form, post, p. 160.) and also by rule of court, the solicitor for the party setting down the cause for hearing, must furnish the register or assistant register, at the time of setting down the cause, with a note of the time when the issue was joined, which shall be entered on the Calendar. (Vide form, post, p. 160.) In default whereof, the cause set down without such note, will always be deemed the junior cause, and lose its priority.(b)

If the complainant neglect to set down a cause, and bring the same to a hearing at the first term after the same is in readiness to set down, and an affidavit of such default shall be made and filed in the register or assistant register's office, an order may be entered, that the defendant be at liberty to bring on the same at any time thereafter; and if the defendant sets down the cause, and the complainant shall not appear to argue the same, the bill will be dismissed, as of course.(a)

But if the complainant shall appear, unless he has also set down the cause, the defendant shall have a right to open and close the argument. (Ibid, rule.)

Form of Order, that the Cause be brought to a Hearing.

the order.

On motion of E. F. solicitor for the complainant, 1. Form of it is ordered, that this cause be brought to a hearing, (or that the demurrer filed in this cause be argued, as the case may be,) at a court of Chancery, to be holden at the City-Hall of the city of New-York, on the second Monday of June next, (the first day of term,) at the opening of the court on that day, or as soon thereafter as counsel can be heard.

(a) Rule 33.

2. Notice to

Please to set this cause down for hearing at the next register to set term of this court, to be holden on the second Monday

the assistant

down the cause for hearing.

3. Note of issue.

The note of issue may be combined with the notice to the assistant register, to set down the cause as in the precedent, ante, p. 125. or it may be separate in this form:

OF THE CASE, OR ABBREVIATED STATE OF THE PLEAD
INGS FOR THE CHANCELLOR.

WHEN a cause is to be brought to a hearing, whe ther on the pleadings and answer, on bill and answer, or on plea or demurrer, unless the parties agree upon a case to be signed by them respectively, and containing, with all requisite brevity, a statement of the pleadings and proofs, a case, containing an abbreviation of the pleadings, and no more shall be furnished by the party who sets down the cause for hearing, and shall be delivered to the Chancellor when the cause is brought to a hearing, each party furnishing the points on which he may think proper to rely; and if a cause be submitted without argument upon the points merely, or upon written arguments, and no case be agreed on, it shall be the duty of the party who would have been entitled to set down the cause for hearing to furnish the case, and in the taxation of costs, no allowance shall be made for any case, except for such as shall be agreed on, or furnished as aforesaid. (a)

By the 13th section of the act of 1813, it is provided, that no subpoena to hear judgment shall issue, but that all causes shall be brought on to hearing un- 1. No subpo der such rules and orders as the Chancellor may from judgment. time to time prescribe.(b)

na to hear