Chap. 0154 An Act to amend an act relating to practice in the superior court.

Be it enacted, etc., as follows:

Section one of chapter three hundred and four of the acts of the year eighteen hundred and eighty-four is hereby amended by adding at the end of said section the following wTords :-provided, also, that instead of postponing a case, as herein provided, the parties to an action
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may, by a writing filed with the clerk or orally in the presence of the clerk, agree that the action be passed; and in such case the action shall be stricken from the list temporarily, and may be restored thereto on such day as the parties shall, by a writing filed with the clerk, agree, or b}r either party on three days' notice in writing to the opposite party, - so that said section as amended shall read as follows: - Section 1. Whenever in an action upon the trial list for any term of the superior court the parties thereto file an agreement in writing that such action shall be marked for trial not before a certain day in the same or the succeeding term, such action shall, if reached in its order upon said trial list before such day, be postponed thereto in accordance with such agreement, and shall be placed upon the list of actions in order for trial on such day next after the cases, if any, which have been on the list for the preceding court day : provided, that if such action is in order for trial on the day on which such agreement is filed, it shall not, if reached on that day, be so postponed except by order of the court: provided, also, that instead of postponing a case, as herein provided, the parties to an action may, by a writing filed with the clerk or orally in the presence of the clerk, agree that the action be passed ; and in such case the action shall be stricken from the list temporarily, and ma}T be restored thereto on such day as the parties shall, by a writing tiled with the clerk, agree, or by either party on three days' notice in writing to the opposite party. Approved April 1, 1S90.