RULES OF THE CITY COURT OF THE CITY OF NEW YORK.

In convention pursuant to section 323 of the Code of Civil Procedure, Ordered: that the following rules be and they are hereby adopted as the rules of practice for the City Court of the city of New York, to take effect January 1, 1912.

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RULE I.

Trial Terms.—Each Trial Term shall begin on the first Monday of the month for which it is assigned, and be continued until and including the Friday preceding the first Monday of the following month, unless the Justice presiding shall continue the term. No Trial Term shall be held during the months of July, August and September, except as hereinafter prescribed. The Justice assigned to the Special Term during the months of July, August and September, with a jury, or without where none is required by the parties, may try marine cases 99 or any case in which the defendant may by order of a Justice of this court be actually confined in jail and unable to furnish bail, and when the cir cumstances of the case are, in the judgment of said Justice, such as to demand a speedy trial in furtherance of justice, and in such cases the Justice assigned to the Special Term during those months may hold such trial in that branch of the court. (Amended November 4, 1914; December 7, 1915, in effect January 1, 1916.)

RULE II.

Special calendar for short causes; for commercial causes.— There shall be a Special Calendar to be called in Part I, Trial Term, for the trial of actions placed thereon, pursuant to the following direction: The justice assigned to Part I, Trial Term, shall send such causes as are placed on this Special Calendar to Part II, Trial Term, for trial. In case Part II shall not have business enough to occupy it during court hours, causes from the Regular Calendar at Part I shall be sent to it for trial. (Amended April 1, 1915.)

In actions on contract, of replevin, or for conversion, where a note of issue has been filed and the cause noticed for trial, either party may apply to the Special Term on two days' notice to the adverse party for an order placing the cause on the special calendar. Upon such application, if it satisfactorily appear by affidavit and the pleadings that the trial of the action will not occupy more than two hours and that no good reason exists why the same should not be promptly tried, the Court may, by order, place the cause on the special calendar for trial. The order shall specify the number of the cause on the general calendar, and a copy thereof must be filed with the calendar clerk. If the trial shall actually occupy more than two hours the Court may in its discretion send the cause to the foot of the general calendar.

No action brought for the recovery of less than $250, which could have been brought in the Municipal Court of the City of New York, will be advanced to the special calendar.

All actions hereafter advanced to the special calendar shall be called and tried, or otherwise disposed of, in the order in which the same are placed thereon, unless postponed for legal cause, shown by affidavit.

Special calendar for commercial causes.-In any action now on the General Calendar, or which may hereafter be placed thereon, wherein the plaintiff seeks to recover a specific sum of money upon a bond or undertaking or other written obligation or upon a negotiable instrument or for the rent or hire of real or personal property or for money had and received or for money loaned or for goods sold and delivered or on a guaranty, any party to a cause may upon proof of service of a copy thereof upon the attorneys for all parties who have appeared in the action file with the calendar clerk a notice to the effect that the cause is one of those enumerated hereinabove and that the same is moved as a Commercial Calendar cause, and thereupon the calendar clerk shall place the cause upon the Special Calendar for Commercial Causes in the order in which such notices are filed. Such calendar shall be called in Part III and the causes thereon tried and disposed of at Parts III and IV. If the party who has moved the cause as a Commercial Calendar Cause shall not be ready to proceed with the trial when the cause is called for trial, the court in its discretion may allow an adjournment or send the cause to the foot of the Trial Calendar or direct a dismissal or inquest or otherwise dispose of the same as justice may require. Whenever there shall not be sufficient causes on the Calendar for Commercial Causes to occupy the time of the courts held in Parts III and IV, causes shall be sent to such part or parts for trial from the Day Calendar by the justice holding Part I. (Amended October 6, 1914, in effect November 2, 1914.)

RULE III.

Preferred causes.- Application for a preference under section 791 of the Code of Civil Procedure, must be made in Trial Term, Part I, and notice thereof served with the notice of trial, agreeably to section 793.

RULE IV.

Actions transferred from other Courts. In actions transferred to this Court by consent, from other Courts of record, the party filing the order of transfer shall file with the clerk of this Court engrossed copies of the summons and pleadings in such action; and the clerk shall, on filing such process and pleadings, enter said cause on the trial calendar.

RULE V.

Pleadings furnished to Court; duty of attorney.-It shall be the duty of the attorney, by whom the copy of the pleadings shall be furnished, for the use of the Court on a trial, to plainly

designate, on each pleading, the part or parts thereof which are claimed to be admitted or controverted by the succeeding pleading.

RULE VI.

Cases in which a new trial is ordered at Appellate Court.In lieu of the pleadings, in actions wherein a new trial is granted, the party moving the case for trial must furnish the justice with a printed copy of the appeal book, and a copy of the opinion of the Appellate Court on whose order the case is remanded for the new trial.

RULE VII.

Marine cases.- Marine cases must be commenced (under the Code) by summons, and if the plaintiff applies for an order of arrest to accompany the summons, it must be in the form and to the effect required by section 3178. The pleadings may be oral, or in writing; if oral, the clerk must enter the substance thereof in the minutes. If a jury is demanded, the justice presiding at Special Term may, in his discretion, transfer the action to any one of the Trial Terms; or he may cause to be impanelled a jury for the purpose, and try the cause at Special Term; and said tribunal is hereby declared to be a Trial Term, for the special purposes of considering and determining such cases.

RULE VIII.

Jurisdiction. Torts committed on board a foreign ship, on the high seas, must be considered as having occurred within the territorial limits of the foreign nation to which the vessel belongs; and the parties having the ship's equipage, though actually here, are still deemed within the foreign jurisdiction. In such case, the Court, having discretion to exercise the power, will decline jurisdiction, unless it is made to appear either: first, that the plaintiff or defendant has been regularly discharged from his ship by competent authority; or, second, that either of the parties is a resident or citizen of the United States. In the excepted cases only will process be allowed.

RULE IX.

Special Term for litigated motions; when held.-There shall be a Special Term of this Court for the hearing of litigated motions, to commence on the first Monday of each month and to continue until the Friday preceding the first Monday of the succeeding month, which term shall be held every day, except Saturday, Sunday and legal holidays. Court shall open at 10 o'clock in the morning and 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 when Trial Terms are not appointed 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.

Special Term for ex parte business; time of sessions. There shall 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.

RULE XI.

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

RULE XII.

The clerk assigned to Special Term for Litigated Motions and Chambers 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. Motion must be made returnable at 10 A. M., at which hour the calendar will be called and defaults noted.

RULE XIII.

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; Day Calendar; equity causes. 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 the 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. (Paragraph amended October 8, 1912, June 2, 1914, in effect 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 Parts II, III, and IV, for trial. (Paragraph amended June 2, 1914, in effect September 1, 1914.)

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. (Paragraph added June 2, 1914; and new paragraph substituted December 7, 1915, in effect January 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