Theme Output (Down) in 6.x dev Problem

I have the following code in my theme:

	<?php
		$menu = theme('nice_menu', 1, 'menu-custom-content', NULL, 'down');
		print $menu['content'];
	?>

... which seems correct to me. I have this functioning correctly using the 6.x-1.3 version of this module. Unfortunately it is critical that we limit the depth of this menu, and from reading through the documentation I see that this feature is (at the moment) only available in 6.x-2.x-dev.

My problem:

That code doesn't seem to work in 6.x-2.x-dev. I have set up my block correctly, set the direction to "down" (since this menu will go across the top of my site), and saved the block. I do not have this block set to any specific region of my site, but that shouldn't matter, right? When I run 6.x-2.x-dev the menu does render, but no matter what I do, it sets the unordered list to go right. It also does not seem to limit the depth at all. Am I missing something, or has anyone had similar problems with this version of the module?

Thank you very much for your time!