office before 10:30 A. M., and, before the argument, to the opposing counsel three copies.

APPELLATE DIVISION - SUPREME COURT-ELECTION CASES.

The justices of the Appellate Division of the Supreme Court in the First Judicial Department do hereby make and establish the following rules to promote the efficient administration of justice in relation to the hearing and determination of any questions arising under the Election Law (chapter 909 of the Laws of 1896, and the amendments thereto):

Rule 1. All applications to the Supreme Court or a justice thereof to review the determination and acts of the election officers under section 56 of the Election Law (chapter 909 of the Laws of 1896, as amended); all applications for a writ of mandamus under section 114 of the said Election Law, and all other applications to the Supreme Court or a justice thereof under any of the other provisions of the said Election Law, shall be made to Special Term, Part I of the Supreme Court of the First Judicial District. The justice assigned to such term may hear and determine any such proceeding or may assign any such proceedings to the other parts of the Special Term for hearing and decision, and such application shall have precedence over all other business at any part of the Special Term. The final order determining such special proceeding should in each case state the facts found by the Special Term upon which the determination is made and the determination of the Court upon the facts thus stated.

Rule 2. Appeal from any final order entered in a proceeding specified in Rule 1 shall be brought on for hearing at such time on such day as the Appellate Division shall designate by an order which will be granted on the application of any party to such a special proceeding.

RULES OF THE APPELLATE DIVISION, SECOND DEPART

MENT.

Relating to the Calendar, Admission of Attorneys and Naturalization.

ENUMERATED CALENDAR.

Seventeen (17) copies of the case must be delivered to the Clerk before the commencement of the argument.

The appellant's brief and points in a cause which is on the printed calendar shall be filed with the clerk and shall be served on the attorney for the respondent at least five (5) days before the first day of the term. The appellant shall file with the clerk seventeen (17) printed copies and serve on the attorney for the respondent three (3) printed copies of his said brief and points. Within five (5) days after such service the respondent shall

file with the clerk seventeen (17) printed copies and serve on the attorney for the appellant three (3) printed copies of his brief and points. If the appellant desires to present brief or points in reply, he shall file wth the clerk seventeen (17) printed copies thereof and serve three (3) printed copies thereof on the attorney for the respondent within three (3) days after the receipt of the respondent's points.

When, according to this rule, an appellant is in default, the appeal may, without previous notice, be dismissed on motion When the cause is reached for argument: and when a respondent is in default, he will not be heard except by leave of the Court. This rule shall not apply to appeals from orders.

NON-ENUMERATED CALENDAR.

Seventeen (17) copies of the appeal papers and points must be delivered to the clerk before the commencement of the argument. Attention is called to General Rule 41,* as printed in this Calendar, and to the special rule in connection therewith. If this Rule is not strictly complied with, such causes as are therein referred to cannot be placed upon the Calendar.

Special Rule.

When a motion is made to dismiss an appeal for want of prosecution or other neglect, the party desiring to oppose such a motion, in addition to affidavits stating facts excusing the delay, must also submit affidavits stating concisely the facts out of which the controversy arose and the questions of law and fact involved in the said appeal, and showing that the appeal

is a meritorious one.

Attention is called to section 1353, Code of Civil Procedure.

CALENDAR PRACTICE.

RULE I.

ron

Appeals from orders.-Appeals from orders, heard as enumerated motions, will be placed upon a separate calendar and called upon the first day of the term.

RULE II.

Calendars. A new calendar will be made up for the January term. Calendars for subsequent terms during the year will be made up by adding to the calendar of the previous term all new appeals to be placed in regular order, according to the date of appeal on compliance with the requirements hereinbefore prescribed. An appeal passed during any term may be brought on for argument on any day during the first week of a subsequent term upon stipulation, or upon four days' notice to the opposing Farty and on filing with the clerk such stipulation or proof of service of such notice, the clerk will cause the appeal to be *General Rule 41 not printed here. See ante p. 92.

placed on the Day Calendar of the day named in such notice or stipulation.

RULE III.

Appeals from orders; when heard.-Appeals from orders will also be heard on the third Monday of each term, and notices of argument may be given for such day, and the calendar for such day will consist of causes not called on the first Monday, and other causes in which the appeal-papers and affidavit of service thereof have been filed with the clerk, as required by section 1353 of the Code of Civil Procedure and the General Rules of Practice.

RULE IV.

Day calendar of non-enumerated causes.- Non-enumerated causes will be placed upon the Day Calendar for the first Monday and second Friday of the term, and the hearing of such causes will continue from day to day until completed. The calendar for other days will consist of as many causes as shall be placed thereon from the general Calendar in their numerical order.

RULE V.

Reservation of causes.- Causes can be reserved by consent for a day subsequent to the time when they would be reached in their order, but not, however, later than the first week of the term. A stipulation for reservation must be filed with the clerk before the Day Calendar is made up (1 o'clock P. M.).

RULE VI.

Motions. Motions other than appeals from orders, will be heard on the first Monday and second Friday of the term, and notes of issue therefor must be filed with the clerk at least two days before the day for which they are noticed.

RULE VII.

Notes of issue in appeals from orders.- No appeal from an order will be heard unless it is placed on the Non-Enumerated Calendar. The attorney or party intending to move such an appeal for argument shall at least eight days before the time of the making up of the calendar, file with the clerk a note of issue, specifying the date of the service of the notice of appeal and stating that the cause is to be put on the Non-Enumerated Calendar. No cause shall be put on the Enumerated or Non-Enumerated Calendar until the papers required by General Rule 41 shall have been filed with the clerk.

RULE VIII.

Notes of issue in preferred causes.-A party who desires to have a cause heard as a preferred cause, must, in his note of issue, state his claim for preference, as provided in section 793 of the Code; or if an order giving the cause a preference has been made under that section, the note of issue must be accompanied with a copy of such order. The clerk, in making up the

calendar, shall place such preferred causes at the head of the general calendar, indicating that they are preferred, and that class to which they belong.

RULE IX.

Criminal causes may be put upon the calendar at any time. Appeals in criminal causes, brought after making up the calendar, or too late to be placed upon the calendar, may be put upon the calendar at any time, and brought on for hearing as preferred causes, upon a notice of ten days to the adverse party, as provided in section 535 of the Criminal Code. A note of issue must he fled with the clerk at least five days before the day on which the cause is to be heard, and he shall put the same upon the calendar for the day on which it shall be noticed, or upon which it shall be ordered by the Court, or stipulated by the parties to be heard.

RULE X.

Endorsement on brief.- In order to facilitate the work of the reporter the counsel who argues the cause orally shall endorse his name on upper right hand corner of first page of brief.

RULE XI.

Motions for re-argument.- Motions for re-argument will be heard only on notice to the adverse party, stating briefly the ground upon which a re-argument is asked, and such motions must be submitted upon printed briefs, stating concisely the points supposed to have been overlooked or misapprehended by the Court, with proper reference to the particular portion of the se and the authorities relied on; and a copy of the opinion delivered by the Court in deciding the cause; and counsel will #ot be heard orally.

RULE XII.

Statute cited in brief. - When a statute is cited, so much thereof as may be deemed necessary to the decision of the case should be printed at length on the brief.

RULE XIII.

Costs. The general rule will prevail of imposing costs on the decision of motions.

Attention is called to section 1355, Code of Civil Procedure, Remittitur.- The remittitur to be transmitted pursuant to section 1355 of the Code shall contain a copy of the judgment order of this court, and the record which has been filed with the lark, and shall be sealed with the seal and signed by the clerk ot this court.

RULES RELATING TO THE ADMISSION OF ATTORNEYS IN THE SECOND DEPARTMENT.

Notice of the time of application for admission as attorneys by those who have passed the examination prescribed by the rules of the Court of Appeals, will be published in the Law Journal,"

at which time applicants must file with the clerk the papers enumerated in Rule I of the General Rules of Practice, and appear personally before the Committee on Character to furnish such information as the committee may desire from them.

RULES REGULATING THE PROCEDURE UPON APPLICATIONS FOR NATURALIZATION IN THE SUPREME COURT IN THE SECOND

DEPARTMENT.

All applications of aliens to become citizens of the United States must be heard at the various Special Terms as directed and indicated in the assignment of Justices for holding such terms.

If the applicant fail to appear at the time and place specified in such application, the application will be dismissed without prejudice to a fresh application.

If he appear and for any reason the hearing is not completed upon the stated day aforesaid, the Court may complete such hearing and take final action upon any subsequent day to which the matter shall be publicly adjourned by the direction of the Justice presiding.

(Amended December 10, 1909.)

WHEN COUNSEL HAVE CASES ON SAME DAY IN FIRST AND SECOND

DEPARTMENTS.

In the event of counsel having cases upon the day calendars of the Appellate Divisions of the First and Second Departments on the same day, such counsel shall attend the Court in that Department in which his case stands nearest the head of such day calendar: and his case upon the calendar of the other Department will be held until the argument of the case is finished in the Department in which he is first required to attend.

In the event of counsel having cases upon each of the day calendars of the said Departments upon the same day, which stand equally distant from the heads of the respective day calendars, such counsel shall attend Court in the First Department.

RULE I.

All bonds executed by individual sureties in accordance with the provisions of section 9 of chapter 444 of the Laws of 1908, and the Rules of the Court of Appeals adopted pursuant thereto, must contain a statement of the place of residence of each surety, giving the street and the number thereof, if such residence is so known and designated, and in addition to the facts required by the Rules of the Court of Appeals to be stated in the affidavit of justification, each surety must specifically state what property is owned by him, giving a brief description thereof, and also state the value of the same and what, if any, liens or encumbrances there are on such property, with a brief description of the nature and amount of such lien. (Adopted March 4, 1909.)