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

trial on another day in the term or place the cause on a subsequent Trial Calendar.

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."

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, pen two days' notice, be placed upon the Trial Calendar without ing 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 bands 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 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

, one of which duplicates shall be filed in the office of the ery clerk, and the other in the clerk's office of this Court, and ve a bond as now prescribed by law.

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

RULE XVII.

Complaint dismissed at Trial Term; restoration. Where a paint is dismissed, or an inquest allowed, at a Trial Term, ase will not be restored on consent of the parties; but the may be presented to the justice presiding in the part where use was disposed of, or at the Special Term, by motion for on thereon.

RULE XVIII.

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

RULE XIX.

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

190

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

Adopted and duly approved pursuant to section 8 of the Municipal Court Code.)

Rules 1 to 26, in effect September 1, 1915.
Rules 27 to 32, in effect October 23, 1915.
Rule 33, in effect March 1, 1916.

Rule 34, in effect January 19, 1916.

RULE I.

Court shall open at 9 o'clock in the forenoon. At least one of the justices shall be in attendance until 4 o'clock in the afternoun. On Saturdays one justice shall be in attendance between the hours of 10 o'clock in the forenoon and 12 o'clock noon in each borough in a district to be designated by the board of Justices for the transaction of such business as may be determined by a justice of this court. During the months of July and August, court shall be held on such days as the justice presiding in each district may designate.

RULE II.

In a district where more than one part has been established the trial calendar shall be called, and precepts in summary prodings, orders to show cause and notices of motion shall be turnable in part one. The call of the calendar shall precede The transaction of any other business. Motions shall be heard mediately after the call of the calendar.

RULE III.

The clerk in each district shall prepare a daily trial calendar which shall be posted in the clerk's office two days in advance. ses shall be placed on the trial calendar according to their tes of issue. Adjourned causes shall be placed on a subsequent ral calendar in the order in which they have been adjourned.

RULE IV.

Canses shall appear on the trial calendar in the following

rder:

Causes in which judgments on default in pleading must be red on application to the court.

Actions for wages.

Other actions in which the amount claimed does not exceed ty dollars.

(d) Summary proceedings to recover possession of real property (e) Hearings on objections taken under sections 88 and 89 of the Municipal Court Code.

(f) Causes marked for a preference by the court on a preceding day.

(g) Actions on a written instrument for the payment of money only.

(h) Causes, not hereinabove enumerated, appearing for the first time on the trial calendar.

(i) Adjourned actions in causes not hereinabove enumerated.

RULE V.

Causes shall be tried in the order in which they appear on the calendar unless otherwise directed by the court; and in a district where more than one part is held, the justice calling the tria calendar shall assign causes for trial to a disengaged part in the order in which they appear on the calendar.

RULE VI.

Where the plaintiff can recover judgment upon the defendant's default in pleading only upon the application to the court, the clerk, providing the plaintiff appears in person, shall place the cause upon the calendar on a day not less than three nor more than five days after the expiration of the time within which the defendant might have appeared, and shall notify the plaintiff by mail of the date. Where the plaintiff has appeared by attorney the clerk shall place such cause upon the trial calendar for a day to be fixed by the attorney in a notice to be filed with the clerk such date, however, to be not less than three days from the filing of the notice unless otherwise directed by the court.

RULE VII.

Where the defendant does not appear by attorney, he must at the time of answering give his address in writing to the clerk

RULE VIII.

If the summons, or the summons and complaint, is not filed in the office of the clerk as provided by subdivision 3 of section 2 or by section 23 of the Municipal Court Code, the defendant may within the time limited for joining issue, on complying with sub division 3 of section 78 of the Municipal Court Code, file th copy of the summons, or of the summons and complaint serve upon him, together with an affidavit of such service. Upon the request of the defendant the clerk must thereupon dismiss the action and in a proper case tax costs on such dismissal, or th defendant may have other appropriate relief.