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27th. Whenever the senate shall go into the consideration of executive business, the president shall direct the gallery to be cleared, and the doors to be closed; and the proceedings of the senate, in such business, shall be kept in a separate journal, which shall not be inspected by any others than members of the senate, until the end of the then meeting of the legislature, at which time the same shall be public, and the clerk of the senate may thereafter furnish extracts from the same at the request of any citizen.
28th. When nominations to office shall be made by the governor, a future day for taking them into consideration, shall be assigned, unless the senate unanimously direct otherwise.
29th. All information and remarks by any senator eoncerning the character or qualifications of any person nominated to office by the governor, shall be kept
30th. When a bill originated in the assembly shall have been lost therc, neither the same, or any other bill on the same subject, and containing similar provisions, shall be subsequently introduced into the senate, during the same session, unless by unanimous consent.
31st. No person is to be admitted within the bar of the senate, except the governor, the present and former chancellors and judges of the supreme court, the circuit judges, present and former members of congress and of the legislature of this state, the comptroller, the treasurcr, the secretary, the attorney-general, the surveyor-general, the governor's private and military secretary, the adjutant-general, the officers of the senate and assembly, and such reporters as the president shall permit.
32d. None but members shall be allowed to take any books or stationary belonging to the senate, from their chamber; and on taking books, the members shall furnish to the clerk a list of those taken, and his name, and shall be responsible for them. And the clerk shall take care that once in each week the books provided for the use of the senate, shall be placed in order, according to some fixed arrangements; and he shall make report to the president of such books as are missing.
33d. The President shall cause the clerk of the senate to make a list of all bills, resolutions, reports of committees, and other proceedings of this house which are committed to a committee of the whole senate, and which are not made the order of the day for any particular day, which list shall be called “the general orders of the day.”
34th. When the senate has proceeded to the general orders of the day, no other business shall be in order, until the general orders shall have been disposed of, by laying them upon the table, or postponing them.
35th. All the unfinished business of the preceding day shall have preference to any other.
36th. No standing rule or order of the senate shall be rescinded, suspended, or changed, without one day's notice being given of the motion therefor; and no motion to that effect, shall be in order, without such notice. And no alteration or suspension of any rule shall take place without the assent of two-thirds of the senators presente
January 19, 1825.
FOR THE TRIAL OT IMPEACHMENTS,
AND THE CORRECTION OF ERRORS. Proposed by His Honor Chancellor Kent, and adopted at
the city of Albany, the 18th of September, 1818. 1. The plaintiff in error shall cause the writ of error, with the transcript of the judgment or proceedings on which the writ of error is founded, to be returned pursuant to the directions of the statute, or lose the benefit of the said writ, unless this court shall see cause to allow such plaintiff a further day for that purpose.
2. If the plaintiff in error shall allege diminution of the record, it shall be done on the day the writ of error shall be returned, or within eight days thereafter, and shall thereupon apply to the clerk of this court for a certiorari to certify the diminution alleged, which the clerk shall issue of course and without special order, which certiorari the plaintiff in error shall cause to be duly returned within twelve days, or shall lose the benefit thereof, unless this court shall see cause to allow a further day for that purpose.
3. That the plaintiff in error, on the day the writ of error shall be returned, with the transcript of the record or proceedings, if diminution shall not be alleged, and if diminution shall be alleged, then on the return day of the certiorari, shall assign errors and file the same with the clerk, or in default thereof the plaintiff in error shall lose the benefit of the writ, unless this court shall see cause to allow further time for that purpose ; and the defendant in error may thereupon, on motion, obtain an order that such writ of error be dismissed with costs to be taxed.
4. That when the plaintiff in error shall have filed an assignment of errors with the clerk of this court, an order may be thereupon entered by the plaintiff in error as of course, for the defendant to join in error in eight days after the service of a copy thereof, or be precluded: and
if the defendant in error shall not comply with the said order, he shall be precluded from joining in error, and the plaintiff in error may take judgment by default.
5. That in every cause upon a writ of error, the plaintiff in error shall make a case for the use of this court,
argument thereof, and furnish to each member of this court a printed copy of such case, on or before the day of hearing, or in default thereof the plaintiff in error shall not be heard in support of the errors assigned.
6. The case to be made and printed upon a writ of error, shall consist of the record or proceeding upon which the writ is brought, and the errors assigned, to which each party may add briefly the points or reasons upon which they intend to rely in argument.
7. That in cases of appeals, the petition of appeal addressed to this court shall be filed in the office of the register or assistant register, with whom the decree, or order appealed from, shall have been entered; which petition, when filed in the recess of this court, shall pray that the decree, decretal, or other order appealed from, may be sent to this court on the first day of the next session thereof, and when filed during the sitting of this court, the same shall pray that the decree, decretal, or other order appealed from, may be sent to this court without delay.
8. That in every such petition of appeal, it shall be sufficient to set forth the decree, decretal, or other order appealed from, without reciting the pleadings in the cause, and stating that the said decree, decretal, or other order, so appealed from, or some part thereof, (specifying what part or parts) is erroneous, and that the same ought to be reversed or modified, as the case may be.
9. That the officer of the court of chancery, with whom such petition of appeal shall be filed, shall make and annex to the said petition of appeal the decree, decretal, or other order appealed from, and such other orders as may be required to be returned to this court, without any of the pleadings, proofs and exhibits in the cause; and in case the cause had been set down for hearing and heard prior to the decree or order appealed from, then he shall cause to be annexed also a copy of the minutes taken by the register, or assistant register, respecting what was read or used in the court below, or offered and overruled on objection, or admitted at the hearing ; authenticated copies of which pleadings, proofs, and exhibits, or such of them as may be relied on by either party, shall be produced at the hearing by the parties.
10. That the party appealing shall, in every case, cause the petition of appeal, with the matter to be annexed to the same, as aforesaid, to be brought into this court, and filed with the clerk thereof, by the day mentioned in such petition, or when duly prepared by the officer as before directed, or in default thereof shall lose the benefit of such appeal, unless this court shall see cause to allow a further day for that purpose.
11. That on the petition of appeal being filed, as aforesaid, the appellant may thereupon, as of course, obtain an order for the respondent to answer the petition of appeal in eight days after service of a copy thereof, or be precluded; and if the respondent shall not comply with the said order, he shall be precluded from answering the petition of appeal, and the appellant may proceed to take such decree as the case may require.
12. That previous to any argument of counsel upon any appeal, a state of the case of each party, as it appears on the pleadings and proofs, and to be signed by their respective counsel, shall be delivered to each ber of the court.
13. That in cases of writs of error, the attornies for the parties respectively, and in cases of appeals, the solicitors for the respective parties, in the courts below, shall be deemed the attornies and solicitors for them respectively in all the proceedings on such writs of error, or appeals in this court, under these rules, unless a new attorney or solicitor shall have been employed in this court and notice thereof given.
14. That all causes which have been put at issue in this court, and ready for argument, but not argued during the session thereof, and consequently continued to the next session, shall be deemed to be set down for argument for the first day of such next session; and the clerk of this court shall make a list thereof, arranging them in the order in which the joinder in error, or an