In the register shall be entered in full every de-a recapitulation at the end of the schedules as folcree and final order made in the proceedings lows: according to date, and the docket shall contain a brief memorandum of each day's proceedings according to the respective titles. The register and docket shall be, at all times during court hours, open for public inspection. Subdivision 2, Each petition or order or decree filed shall be indorsed within the day and date of such filing, and the papers in each case shall be kept in a file by themselves. Subdivision 3. No paper shall be permitted to be taken off of the files of the Court for any purpose, except on an order of the Court. Subdivision 4. Every paper filed shall have a brief memorandum indorsed on the outside cover, showing the nature thereof. Subdivision 5. Copies of any and all papers in these proceedings shall be furnished to any person applying for same upon the payment of the legal Subdivision 8. Schedules.-The schedule of liabilities and assets required to be filed by the assignor or assignees shall fully and fairly state the nominal and actual value of the assets, and the cause for the difference, and a separate affidavit will be required which shall fully explain the cause of such difference. If required the affidavits of disinterested experts as to such value must be furnished. Subdivision 9. Signing off.-Where there may be more than one sheet of paper necessary to contain the schedules, each page shall be signed by the person or persons verifying the same. The sheets of paper on which the schedules are written shall be securely fastened before the filing thereof, and shall be indorsed with the full name of the assignor and assignee, and when filed by an attorney, shall also be endorsed with his name and business address. Subdivision 10. Filing by Assignee. Should the schedules be filed by the assignee there must be a full affidavit made by such assignee and some disinterested expert, showing the nature and value of the property assigned. Subdivision 11. Name and Residence. -The name, residence, occupation and place of business of the assignor, and name and place of residence of the assignee, may be incorporated in the affidavit or annexed to the schedules. Subdivision 12. Recapitulation. ; as ; assets actually Debts and liabilities amount to sets nominally worth $ worth $ Subdivision 13. Contingent.-Contingent liabilities shall appear on a separate sheet of paper. Subdivision 14. Amendments of.-Application to amend the schedules shall be made by verified petition, in which the amendments sought to be made shall appear in full, and such amendments shall be verified in the same manner as the original schedules were verified. Smbdivision 15. Bond of Assignee. The bond shall be joint and several in form, and must be accompanied by the affidavit prescribed by section 812 of the Code of Civil Procedure, and also by the affidavit of each surety, setting forth his business and where it is carried on, the amount of his debts and liabilities, and the description and value of property, real or personal, owned by him, so that it may appear that he is worth the amount in which he is required to justify over and above his debts and liabilities, Subdivision 16. Justification of Sureties. The court may in its discretion require any surety to appear and justify. Subdivision 17. At least one of such sureties shall be a freeholder. If the penalty of the bond be twenty thousand dollars or over, it may be executed by two sureties justifying each in that sum, or by more than two sureties, the amount of whose justification united is double the penalty of the bond. Subdivision 18. Provisional. The affidavit upon which application is made for leave to file a provisional bond, must show fully and fairly the nature and extent of the property assigned, and good and sufficient reason must be shown why the schedules cannot be filed, and it must appear satisfactorily to the court that a necessity exists for the filing of such provisional boud, and for the purposes of this act the affidavit so filed shall be deemed a schedule of the assigned property until such time as the regular schedules shall be filed. Upon the filing of the schedules the amount of the bond will be determined finally, and should the provisional bond already filed be deemed sufficient, an order will be granted making such bond as approved the final bond. Subdivision 19. Assignee. Every assignee shall keep full, exact and regular books of account of all receipts, payments and expenditures of money by him, which said books shall always, during business hours, be open to the inspection of any person interested in the trust estate. Subdivision 20. In making sales at auction of - There shall be personal property the assignee shall give at least ten days' notice of the time and place of the sale and of the articles to be sold by advertisement in one or more newspapers, and he shall give notice of the sale at auction of any real estate at least twenty days' before such sale. Upon such sales the assignee shall sell by printed catalogue, in parcels and shall file a copy of such catalogue, with the prices obtained for the goods sold, with his final account. Subdivision 21. When any notice is served on the creditors of the insolvent, pursuant to the provisions of the statute, of these rules, by mail, every envelope containing such notice shall have upon it a direction to the postmaster at the place to which it is sent to return the same to the sender within ten days unless called for. Upon every application made to the Court upon such service, an affidavit shall be presented showing whether any such notices have been returned. Subdivision 22. Upon an application made for a general citation, the assignee shall file with his petition his account, with the vouchers. Subdivision 23. The assignee must file an account in all cases, which shall be referred for examination. Discharge. No discharge shall be granted an assignee who has not advertised for claims pursuant to section 4 of the statute and the 30th subdivision of this rule. No discharge can be granted an assignee and his sureties in any case, whether the creditors have been paid or have released or have entered into composition or not, except in a regular proceeding for an accounting, under section 20 of the act, commenced by petition for citation and citation thereon to all persons interested in the estate. Subdivision 24. Substituted Assignee. Whenever an assignee shall have been removed, either on his own petition or on the petition of any person interested in the estate, and another person appointed as assignee in his place and stead, a certified copy of the order made on such petition shall be filed and recorded in the clerk's office of the county wherein the original assignment was recorded and the clerk of the county shall make such suitable entry on the margin of the record of the original assignment as will show the appointment of such substituted assignee, and the said certified copy of the order shall be attached to the original assignment. Subdivision 25. Account of Assignee. The account of the assignee shall be in the nature of a debit and credit statement; he shall debit himself with the assets as shown in the schedules as filed, and credit himself with any decrease as well as expenses. Subdivision 26. The statement of expenditures shall be full and complete, and the vouchers for all payments shall be attached to the account. Subdivision 27. The affirmative on the accounting shall be with the assignee, and objections to the account may be presented to the referee in writing, or be brought out on a cross-examination, and in the latter case they must be specifically taken and entered in the minutes. Subdivision 28. The testimony taken shall be signed by the several witnesses, and attached to and filed with a report of the referee. Subdivision 29, Report of Referee. The report of the referee shall show all the jurisdictional facts necessary to confer power on the court, such as the proper executing and acknowledging of the assignment, the recording of the same, the filing of the schedules and bond, the advertising for creditors, the issuing of the citation, the presenting of the account, and when any items may be disallowed in the account of the assignee, the same shall be fully set out in the report. Subdivision 30. Notice to present claims.-A copy of the notice or advertisement, requiring creditors to present their claims, must be mailed to each creditor whose name appears upon the books of the assignor, with the postage thereon prepaid, at least thirty days before the days specified in such advertisement, and proof of such mailing must be required on the application for a final decree, un. less personal service thereof is made upon such creditors. Subdivision 31. The decision of the referee after the trial of a disputed claim, under section 26 of the General Assignment act, shall be filed with the clerk of the court and a copy served on the defeated party. The court shall, on application of either party, confirm the said report, and the decision of the referee shall be reviewed only by appeal from the order confirming the report to the Appellate Division. Rule VII. There shall be six Special Terms of the Supreme Court for the trial of issues of law and issues of decision of all other matters and special proceedfact triable by the court, and for the hearing and ings not otherwise provided for, to be known Each respectively as Parts 3, 4, 5, 6, 7 and 8. term shall commence on the first Monday of each month, and shall continue until the fourth Friday succeeding the first Monday. Rule VIII. A new general calendar of all issues of fact triable by the court without a jury in the county of New York, which shall include all such actions at issue and undisposed of in the Supreme Court, in the Superior court of the city of New York and in the Court of Common Pleas for the city and county of New York which shall have been duly noticed for trial, shall be made for the first Monday of tion in which an issue of fact has been tried by a referee where application to the Court for final judgment is necessary; all applications for final judgment in proceedings to condemn real estate for public use; and all applications for final order in certiorari proceedings where an alternative writ of mandamus has been issued. The special preferred calendar herein provided for shall be called by the Justice assigned to Part 3 of the Special Term, and shall be disposed of by him; provided, however, that in case he find it impossible to dispose of such calendar, he may, from time to time, as may be necessary, assign the cases from such calendar to the other parts of the Special Term for hearing and decision. In actions for divorce and actions for the annulment of marriage the evidence must be taken in open Court and must be written out and filed with the judgment roll. Rule IX. January, 1896. No case shall be placed upon such calendar unless a note of issue is filed with the clerk of Part 3 of the Special Term at least twenty days before the said first Monday of January, 1896, which note of issue shall state the title of the cause, the names of the attorneys, the date of issue, the term for which the case has been noticed for trial, the court in which the action was originally commenced, and, if such action be upon the calendar of either of said courts, its number upon such calendar. Such calendar as made up shall continue the general calendar for every successive Special Term until a new general calendar is ordered to be made up by the Appellate Division of the Supreme Court. New cases as they are noticed for trial shall be placed at the foot of this general calendar, upon filing a note of issue as required by the Code of Civil Procedure. A motion to correct this general calendar, or to add to it any cases which have been left off by mistake, may be made to the Court of Part 3 of the Special Term on the first Monday of each term on two days' notice to the adverse party. There shall also be made up a special calendar upon which shall be placed all actions brought against the New York Elevated Railroad Company, the Metropolitan Railroad Company and the Manhattan Railway Company, to enjoin the use of public streets in the city of New York, now pending in the Supreme Court, the Court of Common Pleas for the city and county of New York or the Superior Court of the City of New York, or which shall be hereafter brought for that purpose, which special calendar shall be called and disposed of in Part 7 of the Special Term. There shall also be made up a special calendar upon which shall be placed all issues of law now at issue in either the Supreme Court or the said Superior Court, or the said Court of Common Pleas, and new issues of law hereafter noticed for trial shall be put at the foot of the special calendar. The special calendar of issues of law shall be called and disposed of in Part 3 of the Special Term. There shall also be made up a special calendar which shall be known as the pre-Justice calling the calendar, showing either a legal ferred calendar, upon which shall be placed all undefended actions for divorce; or for annulment of marriage; all actions entitled under the Code or the General or Special Rules of Practice to a preference; all applications for judgment in actions where issues have been framed and sent to a jury for trial; all applications for final judgment where an interlocutory judgment has been entered and an account has been taken or other proceedings had before a referee; all motions for a new trial on the ground of surprise or newly discovered evidence or upon a case and exceptions; all motions to confirm a referee's report and for final judgment in any ac The clerk will make a day calendar, for each day (from the general calendar of the Court) of thirty cases, unless a different number is specially directed by the Justice assigned to Part 4 of the Special Term, upon which shall be placed all the cases set down for that day or upon previous days, which have not been disposed of; which calendar shall be called in Part 4 of the Special Term, and cases therefrom assigned to the several parts of the Special Term for trial. No case shall be assigned to Part 3 or Part 7 of the Special Term until the special calendars directed to be called and tried in those parts shall have been disposed of. The parties to any case upon the general calendar may file a consent, signed by the respective attorneys, with the Clerk of Part 3 setting the case down for a day to be named in the consent. Thereupon the case will not be placed upon the day calendar until the day name in such consent, and not then unless it has been reached in its order on the general calendar. No case upon the day calendar will be adjourned by consent of the parties or otherwise, except upon the presentation of an affidavit to the reason for such adjournment or that the counsel who is to try the case is engaged to argue an appeal on the day calendar of the Supreme Court of the United States, or upon the day calendar of the Court of Appeals of the State of New York, or upon the day calendar of any Appellate Division of the Supreme Court, or is actually engaged in the trial of a case in a Court of Record in the City of New York or in the City of Brooklyn in which case, the action shall be passed from day to day until the argument or trial is finished, unless the trial in which counsel is engaged is a protracted one. Any case upon the day calendar, not ready for trial and not passed or adjourned, as herein before provided, shall go to the foot of the general calendar. Before the case is placed upon the day calendar it may be marked "reserved generally," upon filing a consent with the clerk signed by the attorneys for the respective parties, and such action shall not be placed upon the day calendar for trial except upon order of the Court made upon two days' notice to the opposing party, which motion shall be made in Part 3 of the Special Term. All cases marked over the Term for good cause shown upon affidavit shall at the commencement of the following Term be considered reserved generally. No case upon the day calendar shall be marked " eserved generally." Rule X. re In all actions brought for the foreclosure of a mortgage or for the foreclosure of mechanics' liens, either party may apply to the Special Term, Part 3, upon notice of two days to the adverse party to have the case placed upon the preferred calendar to be called in Part 3, of the Special Term, and if it shall appear to the Court upon such application that the trial will not be a protracted one, or that for any special reason the case should be promptly disposed of, it shall be placed upon the preferred calender for trial. Rule XI. In all actions in which a preference is given by express provision of law, or by the General Rules of Practice or by special rules, the party entitled to such preference may, upon two days' notice, apply to Special Term, Part 3, for an order placing the cause upon the preferred calendar. In case such preference is granted, the case shall be placed upon the preferred calendar as of the date when the motion was made, and shall be called in its order. Rule XII. No Special Term shall be continued beyond the Friday preceding the commencement of a new term, except for the purpose of completing a trial already commenced during the term, in which case, immediately upon the completion of the trial, the court shall adjourn for the term. REGULATING THE PROCEDURE UPON APPLICATIONS FOR NATURALIZATION IN THE FIRST JUDICIAL DISTRICT. Rule XIII. All applications of aliens to be admitted to become citizens of the United States must be heard and final action had thereon at the Special Term of the Supreme Court for the transaction of ex-parte business. Such hearings shall be had only upon Mondays, Wednesdays and Thursdays of each week during the year, which are hereby designated as the stated days for such applications. The application which is required by chapter 927 of the laws of 1895 to be filed with the clerk of the court shall be so filed with the assistant clerk of such Special Term assigned to that branch of the business. Such application shall specify the stated day (more than fourteen days thereafter) when such applica tion will be brought on for hearing and final action. The assistant clerk assigned to naturalization business shall make up a calendar of such applications for each of such stated days, upon which he will place all such applications in the order of filing, for the days specified in the application. The calendar will be called at two o'clock in the afternoon upon each stated day. The hearing upon such applications shall be had upon the call of the calendar and the testimony of the applicant and his witnesses shall be thereupon taken in open court. Such testimony shall be taken down by the stenographer assigned to that branch of the court, and shall be written out and filed with the application. If the applicant fail to appear upon the call of the calender, the application will be dismissed without prejudice to a fresh application. RULES TO REGULATE THE ATTENDANCE AND PRESCRIBE THE DUTIES OF THE CLERKS, ASSISTANT CLERKS, CRIERS, INTERPRETERS, STENOGRAPHERS, LIBRARIANS AND ATTENDANTS OF THE SUPREME COURT. Rule I. The special deputy to the clerk of the city and county of New York assigned to each Special and Trial Term of the Supreme Court shall attend on each day that the Court is in session and remain in attendance while the Court is in session. The special deputy clerk assigned to Part 2 of the Trial Terms shall have charge of the general and special calendars of the Trial Terms. The assistants to such special deputy clerk shall, in turn, as required by him, attend in Part 2 of the Court. All orders relating to the calendar, and all notes of issue of cases to be placed upon the calendar, shall be filed with the clerk of Part 2 of the Trial Term. He shall attend each Friday or Wednesday call of the calendar, shall make up the general and special calendars for such Trial Terms, and shall make up a day calendar for each day of the term when the Court is in session. The clerks assigned to the other Trial Terms of the Supreme Court shall rendre him assistance when he requires it, when they are not actually engaged in their branch of the Court. The special deputy to the county clerk assigned to Part 3 of the Special Term of the Supreme Court shall have charge of the general and special calendars of the Special Term, and all notes of issue of cases to be placed upon the Special Term calendar and orders relating to the calendar shall be filed with him. the There shall be two assistant clerks to Part 3 of such additional duties as said special deputy Special Term, who shall in turn, as directed by shall require. There shall be two other additional such special deputy clerk, attend the sitting of that assistants to such special deputy clerk (to be part, and who shall assist the clerk thereof in pre- assigned to this branch of the Court) who paring the calendar. Special deputy clerks as- shall have charge of the records relating to assignsigned to the other Special Terms shall render the ments for the benefit of creditors and who shall perother special deputy clerk of Part 3 such assistance form all the clerical duties relating thereto. They as he shall require when the Courts to which they shall also perform generally such duties as may be are respectively assigned are not in session. required by them by the justices assigned to this branch of the Court or by the clerk thereof. The assistants to this branch of the Special Term shall attend the office provided for them in the County Court House, in the city of New York, at ten o'clock in the morning and shall remain until four o'clock in the afternoon, and so much later as shall be necessary. The clerk assigned to the term for the hearing of appeals from the City Court and District Courts in the city of New York shall attend the sitting of the Appellate Term while in session, shall keep the records of such Court and perform such duties in addition as shall be required of him by the justices assigned to hold such term. When the Court is not in session he shall attend each day from ten in the morning until four o'clock in the afternoon, and when not occupied with the business of such Appellate Branch he shall assist the special deputy clerks of Part 2 of the Trial Term, and of Part 3 of the Special Term, and perform such other duties as may be required of him by any justice of the Supreme Court. The special deputy clerk assigned to each Trial and Special Term of the Court shall, subject to the supervision of the justice assigned thereto, be responsible for the proper condition of the court room, for the supply of stationery and for the attendance of the officers or attendants assigned to such Special and Trial Terms, and for the performance by such officers or attendants of their respective duties. He shall keep a book in which shall be entered the time at which the officers or attendants assigned to that part of the Court shall appear and remain in Court, and shall transmit at the end of each month, to the Appellate Division of the Supreme Court, a copy of such record. The special deputy clerk assigned to the Special Term for the hearing of motions shall make up a day calendar of motions to be heard each day (not later than three o'clock for the succeeding day) and shall cause the same to be published in The Law Journal. He shall attend at the call of the calendar and render such assistance as the justice assigned to that term of the Court shall require. The two assistant clerks assigned to that part of the Court shall attend each day from ten o'clock in the morning until four o'clock in the afternoon, or as much later as may be necessary and shall perform such duties as the deputy clerk assigned to that part of the Court shall require. The deputy clerk assigned to the Special Term for the transaction of ex parte business shall attend from ten o'clock in the morning until four o'clock in the afternoon or as much later as the justice assigned to that branch of the Court shall require and shall render to the justice such assistance as he shall require. J The two assistant clerks assigned to that part of the Court shall keep the records of the Court and shall perform such additional duties as are required by the clerk. There shall be three additional assistants to such clerk (to be assigned to this part of the Special Term) who shall have charge of the records of naturalization heretofore kept in the offices of the clerk of the city and county of New York, the clerk of the Superior Court of the city of New York, and the clerk of the Court of Common Pleas for the city and county of New York, who shall attend to applicants for naturalization and keep the books and records relating thereto, and who shall perform Rule II. There shall be a stenographer attached to each Special and Trial Term of the Supreme Court, whose duty it shall be to attend at the session of the Court to which he is assigned. In case his services are not needed in the Court to which he is assigned, it shall be his duty to attend any other term of the Court at which his services shall be required, either by the Justice presiding at such other term or by the special deputy clerk attached thereto. The Stenographers assigned to the Special or Trial Terms of each day at ten o'clock in the morning, and remain the Supreme Court must attend in the Court House presiding at the part to which he is assigned. They as long as he is required to remain by the Justice shall also render such assistance to any Justice of the Court as he shall require. In case of the absence of any stenographer from the part to which he is assigned, owing to illness, or when owing to an accumulation of work, any such stenographer shall be permitted by the Justice presiding in such part to absent himself for a definite period from the daily sittings of the Court, for the purpose of enabling him to write out the testimony taken by him, such stenographer may, subject to the approval of such Justice, select another stenographer to take his place during such temporary absence. |