« ΠροηγούμενηΣυνέχεια »
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 Debts and liabilities amount to $ brief memorandum of each day's proceedings sets nominally worth $ ; assets actually according to the respective titles.
worth $ The register and docket shall be, at all times Subdivision 13. Contingent. -Contingent liabiliduring court hours, open for public inspection. ties shall appear on a separate sheet of paper. Subdivision 2, Each petition or order or decree
Subdivision 14. Amendments of.-Application to filed shall be indorsed within the day and date of amend the schedules shall be made by verified pesuch filing, and the papers in each case shall be tition, in which the amendments sought to be made kept in a file by themselves.
in full, and such amendments shall be Subdivision 3. No paper shall be permitted to be verified in the same manner as the original schedtaken off of the files of the Court for any purpose,
ules were verified. except on an order of the Court.
Smbdivision 15. Bond of Assignee. The bond Subdivision 4. Every paper filed shall have a shall be joint and several in form, and must be acbrief memorandum indorsed on the outside cover, companied by the affidavit prescribed by section showing the nature thereof.
812 of the Code of Civil Procedure, and also by the Subdivision 5. Copies of any and all papers in
affidavit of each surety, setting forth his business these proceedings shall be furnished to any person
and where it is carried on, the amount of his debts applying for same upon the payment of the legal and liabilities, and the description and value of fees.
property, real or personal, owned by him, so that it Subdivision 6. Process.-All process, citations, may appear that he is worth the amount in which summons and subpenas all issue out of the Court he is required to justify over and above his debts under the seal thereof and be tested by the clerk. and liabilities, Subdivision 7. Appearances. Any party may
Subdivision 16. Justification of Sureties.- The appear in these proceedings either in person or by court may in its discretion require any surety to apattorney - if by attorney the name of such attorney, pear and justify. with his place of business and residence, shall be Subdivision 17. At least one of such sureties sball endorsed on each and every paper filed by him, and be a freeholder. If the penalty of the bond be his name shall be entered in the docket.
twenty thousand dollars or over, it may be executed Subdivision 8. Schedules.—The schedule of lia- by two sureties justifying each in that sum, or by bilities and assets required to be filed by the assignor more than two sureties, the amount of whose justior assignees shall fully and fairly state the nominal fication united is double the penalty of the bond. and actual value of the assets, and the cause for the Subdivision 18. Provisional. — The affidavit upon difference, and a separate affidavit will be required which application is made for leave to file a proviwhich shall fully explain the cause of such differ- sional bond, must show fully and fairly the nature
If required the affidavits of disinterested and extent of the property assigned, and good and experts as to such value must be furnished.
sufficient reason must be shown why the schedules Subdivision 9. Signing off. – Where there may be
cannot be filed, and it must appear satisfactorily to more than one sheet of paper necessary to contain
the court that a necessity exists for the filing of the schedules, each page shall be signed by the per
such provisional bond, and for the purposes of this son or persons verifying the same. The sheets of
act the affidavit so filed shall be deemed a schedule paper on which the schedules are written shall be
of the assigned property until such time as the securely fastened before the filing thereof, and shall be indorsed with the full name of the assignor and regular schedules shall be filed. assignee, and when filed by an attorney, shall also
Upon the filing of the schedules the amount of be endorsed with his name and business address.
the bond will be determined finally, and should the Subdivision 10. Filing by Assignee. -Should the provisional bond already filed be deemed sufficient, schedules be filed by the assignee there must be a
an order will be granted making such bond as apfull affidavit made by such assignee and some dis- proved the final bond. interested expert, wing the nature and value of
Subdivision 19. Assignee. — Every assignee shall the property assigned.
keep full, exact and regular books of account of all Subdivision 11. Name and Residence. - The receipts, payments and expenditures of money by name, residence, occupation and place of business him, which said books shall always, during business of the assignor, and name and place of residence of hours, be open to the inspection of any person the assignee, may be incorporated in the affidavit interested in the trust estate. or annexed to the schedules.
Subdivision 20. In making sales at auction of Subdivision 12. Recapitulation. — There shall be l personal property the assignee shall give at least
ten days' notice of the time and place of the sale Subdivision 27. The affirmative on the account-
and filed with a report of the referee.
set out in the report. Subdivision 22. Upon an application made for a Subdivision 30. Notice to present claims.- A general citation, the assignee shall file with his copy of the notice or advertisement, requiring petition his account, with the vouchers.
creditors to present their claims, must be mailed to Subdivision 23. The assignee must file an each creditor whose name appears upon the books count in all cases, which shall be referred for of the assignor, with the postage thereon prepaid, examination.
at least thirty days before the days specified in such Discharge. - No discharge shall be granted an advertisement, and proof of such mailing must be assignee who has not advertised for claims pur- required on the application for a final decree, un. suant to section 4 of the statute and the 30th sub- | less personal service thereof is made upon such division of this rule.
creditors. No discharge can be granted an assignee and his Subdivision 31. The decision of the referee after sureties in any case, whether the creditors have the trial of a disputed claim, under section 26 of been paid or have released or have entered into the General Assignment act, shall be filed with the composition or not, except in a regular proceeding clerk of the court and a copy served on the defeated for an accounting, under section 20 of the act, party. The court shall, on application of either commenced by petition for citation and citation party, confirm the said report, and the decision of thereon to all persons interested in the estate.
the referee shall be reviewed only by appeal from Subdivision 24. Substituted Assignee. -- When the order confirming the report to the Appellate ever an assignee shall have been removed, either on
There shall be six Special Terms of the Supreme
Court for the trial of issues of law and issues of appointed as assignee in his place and stead, a certi
fact triable by the court, and for the bearing and fied copy of the order made on such petition shall
decision of all other matters and special proceedbe filed and recorded in the clerk's office of the county wherein the original assignment was recorded ings not otherwise provided for, to be known and the clerk of the county shall make such suit- respectively as Parts 3, 4, 5, 6, 7 and 8. Each
term shall commence on the first Monday of each able entry on the margin of the record of the origi- month, and shall continue until the fourth Friday nal assignment as will show the appointment of such
succeeding the first Monday.
Subdivision 20. The statement of expenditures the ('ourt of Common Pleas for the city and county shall be full and complete, and the vouchers for all of New York which shall have been duly noticed payments shall be attached to the account.
for trial, shall be made for the first Monday of
January, 1896. No case shall be placed upon such tion in which an issue of fact has been tried by a calendar unless a note of issue is filed with the clerk referee where application to the Court for final of Part 3 of the Special Term at least twenty days judgment is necessary; all applications for final before the said first Monday of January, 1896, which judgment in proceedings to condemn real estate for note of issue shall state the title of the cause, the public use; and all applications for final order in names of the attorneys, the date of issue, the term certiorari proceedings where an alternative writ of for which the case has been noticed for trial, the mandamus has been issued. The special preferred court in which the action was originally com calendar herein provided for shall be called by the menced, and, if such action be upon the calendar Justice assigned to Part 3 of the Special Term, and of either of said courts, its number upon such cal- shall be disposed of by him; provided, however, endar. Such calendar as made up shall continue that in case he find it impossible to dispose of such the general calendar for every successive Special calendar, he may, from time to time, as may be Term until a new general calendar is ordered to be necessary, assign the cases from such calendar to made up by the Appellate Division of the Supreme the other parts of the Special Term for hearing and Court. New cases as they are noticed for trial decision. In actions for divorce and actions for shall be placed at the foot of this general calendar, the annulment of marriage the evidence must be upon filing a note of issue as required by the Code taken in open Court and must be written out and of Civil Procedure. A motion to correct this filed with the judgment roll. general calendar, or to add to it any cases which have
Rule IX. been left off by mistake, may be made to the Court of Part 3 of the Special Term on the first Monday
The clerk will make a day calendar, for each day of each term on two days' notice to the adverse (from the general calendar of the Court) of thirty party. There shall also be made up a special cal cases, unless a different number is specially directed endar upon which shall be placed all actions by the Justice assigned to Part 4 of the Special brought against the New York Elevated Railroad | Term, upon which shall be placed all the cases set Company, the Metropolitan Railroad Company and down for that day or upon previous days, which the Manhattan Railway Company, to enjoin the have not been disposed of ; which calendar shall use of public streets in the city of New York, be called in Part 4 of the Special Term, and cases now pending in the Supreme Court, the Court therefrom assigned to the several parts of the of Common Pleas for the city and county of Special Term for trial. No case shall be assigned to New York or the Superior Court of the City Part 3 or Part 7 of the Special Term until the
New York, which shall be hereafter special calendars directed to be called and tried in brought for that purpose, which special calendar those parts shall have been disposed of. shall be called and disposed of in Part 7 of the ties to any case upon the general calendar may file Special Term. There shall also be made up a a consent, signed by the respective attorneys, with special calendar upon which shall be placed all is the Clerk of Part 3 setting the case down for a day sues of law now at issue in either the Supreme to be named in the consent. Thereupon the case Court or the said Superior Court, or the said Court will not be placed upon the day calendar until of Common Pleas, and new issues of law hereafter the day name in such consent, and not then unless noticed for trial shall be put at the foot of the it has been reached in its order on the general special calendar. The special calendar of issues of calendar. No case upon the day calendar will be law shall be called and disposed of in Part 3 of the adjourned by consent of the parties or otherwise, Special Term.
There shall also be made up except upon the presentation of an affidavit to the 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 un reason for such adjournment or that the counsel defended actions for divorce; or for annulment of
who is to try the case is engaged to argue an appeal marriage; all actions entitled under the Code or the on the day calendar of the Supreme Court of the General or Special Rules of Practice to a prefer- United States, or upon the day calendar of the ence; all applications for judgment in actions Court of Appeals of the State of New York, or upon where issues have been framed and sent to a jury the day calendar of any Appellate Division of the for trial; all applications for final judgment where Supreme Court, or is actually engaged in the trial an interlocutory judgment has been entered and an of a case in a Court of Record in the City of New account has been taken or other proceedings had York or in the City of Brooklyn in which case, the before a referee; all motions for a new trial on the action shall be passed from day to day until the ground of surprise or newly discovered evidence or argument or trial is finished, unless the trial in upon a case and exceptions; all motions to confirm which counsel is engaged is a protracted one. a referee's report and for final judgment in any ac Any case upon the day calendar, not ready
for trial and not passed or adjourned, as 1895 to be filed with the clerk of the court shall be
The assistant clerk assigned to naturalization two days' notice to the opposing party, which motion business shall make up a calendar of such applicashall be made in Part 3 of the Special Term. All
tions for each of such stated days, upon which he cases marked over the Term for good cause shown
will place all such applications in the order of filing, upon affidavit shall at the commencement of the
for the days specified in the application. The following Term be considered reserved generally.
calendar will be called at two o'clock in the afternoon No case upon the day calendar shall be marked “re
upon each stated day. The hearing upon such eserved generally.”
applications shall be had upon the call of the calenRule X.
dar and the testimony of the applicant and bis witIn all actions brought for the foreclosure of a
nesses shall be thereupon taken in open court. Such mortgage or for the foreclosure of mechanics' liens,
testimony shall be taken down by the stenographer either party may apply to the Special Term, Part 3,
assigned to that branch of the court, and shall be upon notice of two days to the adverse party to
written out and filed with the application. have the case placed upon the preferred calendar to
If the applicant fail to appear upon the call of be called in Part 3, of the Special Term, and if it shall appear to the Court upon such application that
the calender, the application will be dismissed withthe trial will not be a protracted one, or that for
out prejudice to a fresh application. any special reason the case should be promptly dis RULES TO REGULATE THE ATTENDANCE AND PREposed of, it shall be placed upon the preferred cal SCRIBE THE DUTIES OF THE CLERKS, ASSISTANT ender for trial.
CLERKS, CRIERS, INTERPRETERS, STENOGRAPHERS, Rule XI.
LIBRARIANS AND ATTENDANTS OF THE SUPREME In all actions in which a preference is given by
The special deputy to the clerk of the city and such preference may, upon two days' notice, apply
county of New York assigned to each Special and to Special Term, Part 3, for an order placing the Trial Term of the Supreme Court shall attend on cause upon the preferred calendar. In case such each day that the ourt is in session and remain in preference is granted, the case shall be placed upon
attendance while the Court is in session. The the preferred calendar as of the date when the mo- special deputy clerk assigned to Part 2 of the Trial tion was made, and shall be called in its order. Terms shall have charge of the general and special
calendars of the Trial Terms. The assistants to Rule XII.
such special deputy clerk shall, in turn, as required No Special Term shall be continued beyond the
by him, attend in Part 2 of the Court. All orders Friday preceding the commencement of
relating to the calendar, and all notes of issue of term, except for the purpose of completing a trial already commenced during the term, in which
cases to be placed upon the calendar, shall be filed
with the clerk of Part 2 of the Trial Term. He case, immediately upon the completion of the trial,
shall attend each Friday or Wednesday call of the the court shall adjourn for the term.
calendar, shall make up the general and special REGULATING THE PROCEDURE UPON APPLICATIONS calendars for such Trial Terms, and shall make up
FOR NATURALIZATION IN THE FIRST JUDICIAL 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 All applications of aliens to be admitted to be him assistance when he requires it, when they are come citizens of the United States must be heard not actually engaged in their branch of the Court. and final action had thereon at the Special Term of The special deputy to the county clerk assigned the Supreme Court for the transaction of ex-parte to Part 3 of the Special Term of the Supreme Court business. Such hearings shall be had only upon shall have charge of the general and special calenMondays, Wednesdays and Thursdays of each week dars of the Special Terin, and all notes of issue of during the year, which are hereby designated as the cases to be placed upon the Special Term calendar stated days for such applications. The application and orders relating to the calendar shall be filed which is required by chapter 927 of the laws of with him.
There shall be two assistant clerks to Part 3 of such additional duties 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 The special deputy clerk assigned to each Trial branch of the Court or by the clerk thereof. The and Special Term of the Court shall, subject to the assistants to this branch of the Special Term shall supervision of the justice assigned thereto, be re attend the office provided for them in the County sponsible for the proper condition of the court room, Court House, in the city of New York, at ten for the supply of stationery and for the attendance o'clock in the morning and shall remain until four of the officers or attendants assigned to such Special o'clock in the afternoon, and so much later as shall and Trial Terms, and for the performance by such | be necessary. The clerk assigned to the term for officers or attendants of their respective duties. He the hearing of appeals from the City Court and Disshall keep a book in which shall be entered the trict Courts in the city of New York shall attend time at which the officers or attendants assigned to the sitting of the Appellate Term while in session, that part of the Court shall appear and remain in shall keep the records of such Court and perform Court, and shall transmit at the end of each month, such duties in addition as shall be required of him to the Appellate Division of the Supreme Court, a by the justices assigned to hold such term. When copy of such record.
the Court is not in session he shall attend each day The special deputy clerk assigned to the Special from ten in the morning until four o'clock in the Term for the hearing of motions shall make up a afternoon, and when not occupied with the business day calendar of motions to be heard each day (not of such Appellate Branch he shall assist the special later than three o'clock for the succeeding day) and deputy clerks of Part 2 of the Trial Term, and of shall cause the same to be published in The Law Part 3 of the Special Term, and perform such other Journal. He shall attend at the call of the calen- duties as may be required of bim by any justice of dar and render such assistance the justice the Supreme Court. assigned to that term of the Court shall require. The two assistant clerks assigned to that part of
Rule Il. the Court shall attend each day from ten o'clock in There shall be a stenographer attached to each the morning until four o'clock in the afternoon, or Special and Trial Term of the Supreme Court, whose as much later as may be necessary and shall perform duty it shall be to attend at the session of the Court such duties as the deputy clerk assigned to that part to which he is assigned. In case bis services are of the Court shall require. The deputy clerk not needed in the Court to which he is assigned, it assigned to the Special Term for the transaction of shall be his duty to attend any other term of the ex parte business shall attend from ten o'clock in
Court at which his services shall be required, either the morning until four o'clock in the afternoon or
by the Justice presiding at such other term or by as much later as the justice assigned to that branch
the special deputy clerk attached thereto. The Stenof the Court shall require and shall render to ographers assigned to the Special or Trial Terms of the justice such assistance as he shall require. each day at ten o'clock in the morning, and remain
the Supreme Court must attend in the Court House The two assistant clerks assigned to that part of the Court shall keep the records of the presiding at the part to which he is assigned. They
as long as he is required to remain by the Justice Court and shall perform such additional duties shall also render such assistance to any Justice of the are required by the clerk. There shall
Court as he shall require. In case of the absence of be three additional assistants to such clerk
any stenographer from the part to which he is (to be assigned to this part of the Special assigned, owing to illness, or when owing to an acTerm) who shall have charge of the records of cumulation of work, any such stenographer shall be naturalization heretofore kept in the offices of the permitted by the Justice presiding in such part to clerk of the city and county of New York, the clerk absent himself for a definite period from the daily of the Superior Court of the city of New York, and sittings of the Court, for the purpose of enabling the clerk of the Court of Common Pleas for the him to write out the testimony taken by him, city and county of New York, who shall attend to such stenographer may, subject to the approval of applicants for naturalization and keep the books such Justice, select another stenographer to take bis and records relating thereto, and who shall perform | place during such temporary absence.