shall continue until all business before the court has been disposed of. This Special Term shall be known as Special Term, Part I. During the months of July, August and September the Justice assigned thereto shall also be assigned to hold Special Term, Part II. Demurrers shall be heard and determined at Special Term, Part I, and may be brought on for hearing upon the usual notice of argument and the filing of the note of issue provided for in Rule XII.

RULE X.

There shall

Special term for ex parte business; time of sessions. be a Special Term of this court for the transaction of ex parte business, to be held on the first Monday of each month, and to continue to and including the Saturday prior to the first Monday of the following month. Court shall open at 10 o'clock in the morning and shall continue in session until 4 o'clock in the afternoon, except Saturday, on which day the court may be adjourned at 12 o'clock noon, and shall be open every day in the year except Sundays and legal holidays. This Special Term shall be known as Special Term, Part II. The Justice assigned to Special Term, Part II, shall also attend to the drawing of jurors for the Trial Terms of the City Court.

Nature of Motions and Proceedings to Be Determined at the Special Term for Ex Parte Business.

Application for all court orders, ex parte or by consent, or where notice is not required or has been waived, must be made to Special Term, Part II. All applications for judgment in actions where the defendant has failed to appear or has waived notice of motion for judgment or has consented thereto shall be made to Special Term, Part II. All orders for the examination of parties or witnesses in supplementary proceedings or to perpetuate testimony or for the examination of parties before trial shall be made returnable before the Justice assigned to hold Special Term, Part II. No ex parte order of reference in supplementary proceedings will be made by this court or any Justice thereof.

Extension of time to answer.

RULE XI.

No extension of time to answer for more than two days will be granted, unless upon notice to plaintiff's attorney.

Dally motion calendar.

RULE XII.

- The clerk assigned to Special Term for litigated motions shall prepare a motion calendar for each day of the term, other than Saturdays, and place thereon all causes in which notes of issue have been filed not later than 4 P. M. of the day previous to the return day of the motion, and furnish a copy thereof to the New York Law Journal for publication. The Justice presiding at Special Term may add to the calendar on a day for which it is noticed any motion not appearing thereon. Motions must be made returnable at 10 a. M., at which hour the calendar will be called and defaults noted.

RULE XIII.

Order to punish for contempt in supplementary proceedings. Orders in supplementary proceedings to punish a judgment debtor for contempt shall not be made returnable in less than three days from the time of service thereof.

RULE XIV.

Calendar practice: Trial calendar. At least eight days before the first Monday of a trial term or whenever the justice assigned to Trial Term, Part I, shall direct, the calendar clerk shall prepare a Trial Calendar containing so many of the pending causes on the General Calendar as the justice holding Trial Term, Part I, shall direct, and such Trial Calendar shall be posted in the calendar clerk's office and published in the New York Law Journal four days preceding the day set for filing the notice hereinafter mentioned. Any party to a cause appearing on such Trial Calendar may serve notice on the calendar clerk and on the attorneys for the other parties to the cause at or before 4 o'clock on a day to be set, following not less than four days after the first publication of the calendar in the Law Journal, to the effect that the cause is to be marked ready for trial, but if no party shall serve such notice the cause shall be marked off and restored to the General Calendar and shall not be again published upon a Trial Calendar until the last number of such calendar which is marked ready shall have been reached on the Day Calendar for trial. Causes appearing more than three times upon the said Trial Calendar shall, unless such notice is served, be placed upon such future Trial Calendar as the justice assigned to Part I, Trial Term, may designate. (This paragraph amended September 1, 1914.)

Day calendar.-Said clerk shall make up a Day Calendar for each day from the causes for which a notice is served as aforesaid, upon which shall be placed all such causes marked ready from the previous Trial Calendars or remaining undisposed of from Trial Calendars theretofore posted and published. Such Day Calendar shall be called at Trial Term, Part I, of this court at 9:45 A. M. each day. Three causes therefrom shall be assigned to each of the several trial parts, except Part II, for trial. (This paragraph amended September 1, 1914.)

Equity Causes. - Equity causes for the foreclosure of mechanic's liens, and in the nature of interpleader, shall be placed upon the Equity Calendar upon five days' notice of trial and upon filing a note of issue therefor with the calendar clerk. Causes shall be placed on such calendar in the order in which notes of issue are received. Such calendar shall be called in Trial Term, Part III, on the second Monday of each term and the causes thereon shall be assigned for trial during the two latter weeks of the term at Trial Term, Part IV. All applications for postponement or delay of the trial of equity causes shall be governed by the rules applicable to causes on the Trial Term Calendar. (This paragraph added Sept. 1, 1914; amended Jan. 1, 1916.)

When a cause thus set down on the call calendar on any Friday as "ready" appears upon the day calendar, it must be tried or go to the foot of the general calendar, unless it appears by affidavit to the satisfaction of the justice calling the day calendar that the trial cannot with justice to one of the parties proceed. The court may then by order set the cause down for trial on another day in the term or place the cause on the call calendar for a subsequent call.

In a cause upon the day calendar for trial, where it shall appear to the court by affidavit that counsel who is to try the cause is to argue a cause 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 in the Appellate Division of the Supreme Court, or is actually engaged in the trial of a cause in a court of record of the counties of New York or Kings, the cause shall be passed for the day, or until such argument or trial is concluded, unless the trial in which counsel is engaged is a protracted one. In no other event shall a cause upon the day calendar be passed for the day.

In no event shall a cause on the day calendar be passed from day to day on account of the engagement of counsel for more than two days. Not more than two causes shall be held "ready" on the day calendar for one counsel in addition to the cause in which he is engaged, and in all causes the counsel who is to try the same must be designated, if required by the court, on the call of the day calendar. Actions in which new trials are ordered will, upon application to the Special Term for Litigated Motions, upon two days' notice, be placed upon the call calendar without filing a new note of issue.

RULE XV.

Miscellaneous; fees paid to the clerk not returnable. -Fees paid upon filing notes of issue are, so soon as they reach the hands of the clerk, in the constructive possession of the City of New York, and it is made the official duty of that clerk to pay them, with other lawful fees collected by virtue of his office, into the city treasury.

RULE XVI.

Special rules concerning the duties and obligations of the clerk of the City Court of the city of New York. 1. The clerk, on assuming office, shall make and file, in duplicate, his oath of office, one of which duplicates shall be filed in the office of the city clerk and the other in the clerk's office of this court, and give a bond as now prescribed by law.

2. The clerk, or, in his absence, the deputy, shall make statements in writing, duly verified by his oath, of all moneys received for fees or otherwise by him as said clerk, and shall pay into the Finance Department of the City of New York all such moneys so received by him for the use of or belonging to the city, as required by law; and these acts shall be done once in each and every month, and a duplicate of such statements in writing, also duly verified, shall be at the same time delivered to the chief justice of this court, or, in his absence, to the justice then presiding at the Special Term, Part II, accompanied by a voucher from the said finance department showing that such money has been actually so paid over after the auditing and approval of the monthly statement by the department.

RULE XVII.

Where a com

Complaint dismissed at Trial Term; restoration. plaint is dismissed or an inquest allowed at a Trial Term, the cause will not be restored on consent of the parties, but the facts may be

presented to the justice presiding in the part where the cause was disposed of, or at the Special Term, by motion for action thereon.

RULE XVIII.

Clerk to keep alphabetical index of actions and special proceedings; papers to be filed must bear index number. The clerk of the City Court of the City of New York is hereby authorized to inaugurate and maintain in his office an alphabetical index of the actions and special proceedings commenced in the City Court, which shall be numbered consecutively for the year in which such action or special proceeding is commenced, and each pleading, order, affidavit, judgment, final order or other paper filed in such action or special proceeding shall be filed under the same number, so that in the index book provided for that purpose the record of the filing shall appear. After the action or special proceeding shall have received a number, each paper filed therein shall have indorsed thereon the number assigned thereto, and the clerk is authorized to refuse to receive or file any such pleading, order, affidavit or other paper, including the judgment roll or final order, upon which such number does not plainly appear.

RULE XIX.

Settlement of orders on remittitur. At least three days' notice of settlement of all orders upon remittiturs from the Appellate Term and Appellate Division, Supreme Court, shall be given before presenting the same for signature and entry.

SPECIAL RULE.

Notes of issue. Counsel are directed to file only typewritten notes of issue for motions or for trials. (Added June 2, 1914.)

1534b

Section of
Present Code

6

MUNICIPAL COURT OF THE CITY OF NEW YORK.

TABLE I.

Table showing where sections of the former Municipal Court Act (Laws of 1902, chapter 580) which was in force until August 31, 1915, may be found in the present Municipal Court Code (Laws of 1915, chapter 279) which went into effect September 1, 1915.*

Section of

Former Act

1.

2 Omitted.

3 Repealed in 1907.

* Many of the sections of the former Act have been amended or rewritten in the new Code, and in some instances two or more sections have been consolidated into one, or one has been broken up into two or more. But so far as there is a correspondence between the original and the new sections, this Table shows it.