RULE XVI

Investment of money paid into court.-The Chamberlain of the City of New York, within thirty days after it shall have been received by him, shall invest all money, paid into court by depositing with him in bonds of the United States, bonds of the State of New York or bonds or stock of the City of New York, and cause the same to be duly registered in his name as such Chamberlain; and hereafter no money so paid into court shall be invested in securities other than those hereinbefore specified. And the Chamberlain is hereby required to file in the office of the Clerk of the Appellate Division of the Supreme Court in the First Department, on or before the first day of February in each year, a report showing the securities in which money that has been paid into court has been invested and the date at which the investment was made.

(Adopted by the First Department, Oct. 13, 1910. The following form has been approved by the justices of the Supreme Court:

To comply with the Amended Rules of Practice in foreclosure cases the judgment should contain immediately following the direction to sell and in substitution for the provisions now in use the following provisions.

,

Under the direction ofEsq., who is hereby appointed referee for that purpose; the said referee gives public notice of the time and place of such sale according to law and the course and practice of this court; that the plaintiff or any other party to this action may be come the purchaser or purchasers on such sale; that said referee execute to the purchaser or purchasers on such sale a deed of the premises sold; that such referee on receiving the proceeds of sale forthwith pay therefrom the taxes, assessments and water rents which are or may be

come liens on the premises at the time of sale. The said referee then deposit the balances of such proceeds of sale in*...... and shall there after make the following payments, and his checks drawn for that purpose shall be paid by the said depository:

First. The sum of $50 to the said referee for his fees herein.

Second.-Advertising expenses as shown on the bills presented and certified by the said referee to be correct, and duplicate copies of which shall be left with said depository.

Third. Said referee shall also pay to the plaintiff the sum of dollars, adjudged to the plaintiff for his costs and disbursements in this action, with interest thereon from the date hereof, together with an additional allowance of dollars, hereby awarded to the plaintiff, in addition to costs, with interest thereon from the date thereof; and also dollars, the said amount so reported

due as aforesaid, together with the legal interest thereon from the date of said report, or so much thereof as the purchase money of the mortgaged premises will pay of the same.

Fourth. If such referee intends to apply for a further allowance for his fees, he may leave upon deposit such amount as will cover such additional allowance, to await the further order of the court thereon, after application duly made.

In reference to this form, Hon. Edward E. McCall, Justice of the Supreme Court, First Department, wrote under date of November 5, 1910, as follows:

foreclosure only, and is based upon Rule LXXIX "The form adopted applies to judgments of of the General Rules of Practice in relation to deposit of moneys received by referees appointed to sell real property and was made to meet the exigencies that might arise upon the closing of title of property so sold. Rule LXIX also was taken into consideration, reference particularly being made to payments of money out of court to be paid directly to the 'person entitled to receive the same.' In no way does this agreed form interfere with the amended rules, nor is it intended to be inferred therefrom that a new rule has been adopted, the purpose being to give official sanction to proper payments to be made by referees, without which embarrassing complications might arise upon the closing of the title, if insistence was made of strict adherence to Rules LXIX and LXXIX. It would seem that the form adopted in this Department contains the essential features that would be necessarily adopted for general use throughout the State. In this connection permit me to call your attention to the fact that under the Rule LXXIX, money received by attorneys when deposited in a bank or trust company must be deposited in a bank or trust company authorized to receive court funds and that the number of depositors is limited."

See memoranda in the American Mortgage Company v. Kneeland (Law Journal, Oct. 5, 1910), and McCutcheon v. Heubener (Law Journal, Oct. 18, 1910.]

*A bank or trust company authorized to receive on deposit court funds.

RULE I

Special deputy clerks and assistant clerks.The special deputy to the Clerk of the County of New York assigned to each Special and Trial Term of the Supreme Court shall attend on each day that the Court is in session and remain in attendance from nine-thirty o'clock in the morning until five o'clock in the afternoon, and later if Court is in session. The special deputy clerk assigned to Part 2 of the Trial Terms shall have charge of the General and Special Calendars of the Trial Terms. The assistants to such special deputy clerk shall, in turn, as required by him, attend in Part 2 of the Court. All orders relating to the calendar, and all notes of issue of cases to be placed upon the calendar, shall be filed with the clerk of Part 2 of the Trial Term. He shall make up the General and Special Calendars of such Trial Terms, and shall make up 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 render him assistance when he requires it, when they are not actually engaged in their branch of the Court.

The special deputy to the county clerk assigned to Part 3 of the Special Term of the Supreme Court shall have charge of the General and Special Calendars of the Special Term, and all notes of issue of cases to be placed upon the Special Term Calendar and orders relating to the calendar shall be filed with him.

The assistant clerks assigned to Part 3 of the Special Term shall, in turn, as directed by such special deputy clerk, attend the sitting of that part and shall assist the clerk thereof in preparing the calendar. Special deputy clerks assigned to the other Special Terms for Trials shall render the special deputy clerk of Part 3 such assistance as he shall require when the Courts to which they are respectively assigned are not in session.

The special deputy clerk assigned to each Trial and Special Term of the Court shall, subject to the supervision of the justice assigned thereto, be responsible for the proper condition of the Court room, for the supply of stationery, and for the attendance of the officers or attendants assigned to such Special and Trial Terms, and for the performance by such officers or attendants of their respective duties. The special deputy clerk assigned to the Special Term for the Hearing of Motions shall make up a Day Calendar of motions to be heard each day (not later than three o'clock for the succeeding day) and shall cause the same to be published in the Law Journal. He shall attend at the call of the calendar and render such assistance as the justice assigned

to that term of the Court shall require. The assistant clerks assigned to that part of the Court shall attend each day from nine-thirty o'clock in the morning until five o'clock in the afternoon, or as much later as may be necessary, and shall perform such duties as the deputy clerk assigned to that part of the Court shall require. The deputy clerk assigned to the Special Term for the transaction of ex parte business shall attend from nine-thirty o'clock in the morning until five o'clock in the afternoon, or as much later as the justice assigned to that branch of the Court shall require, and shall render to the justice such assistance as he shall require. The assistant clerks assigned to that part of the Court shall keep the records of the Court and shall perform such additional duties as are required by the clerk. There shall be three additional assistants to such clerk (to be assigned to that part of the Special Term) who shall have charge of the records of naturalization heretofore kept in the office of the clerk of the city and county of New York, the clerk of the Superior Court of the city of New York and the clerk of the Court of Common Pleas for the city and county of New York, who shall attend to applicants for naturalization and keep the books and records relating thereto, and who shall perform such additional duties as said special deputy clerk shall require. There shall be two other additional assistants to such special deputy clerk (to be assigned to this branch of the court), who shall have charge of the records relating to assignments for the benefit of creditors and who shall perform all the clerical duties relating thereto. They shall also perform generally such duties as may be required of them by the justices assigned to this branch of the Court or by the clerk thereof. The assistants to this branch of the Special Term shall attend the office provided for them in the County Court House, in the county of New York, at nine-thirty o'clock in the morning and shall remain until five o'clock in the afternoon, and so much later as shall be necessary. The clerk assigned to the term for the hearing of appeals from the City Court and District Courts in the city of New York shall attend the sitting of the Appellate Term while in session, shall keep the records of such Court and perform such duties in addition as shall be required of him by the justices assigned to hold such term. When the Court is not in session he shall attend each day from nine-thirty o'clock in the morning until five o'clock in the afternoon, and when not occupied with the business of such appellate branch he shall assist the special deputy clerks of Part 2 of the Trial Term and of Part 3 of the Special Term, and perform

RULE II

Stenographers.-There shall be a stenogapher attached to each Special and Trial Term of the Supreme Court, whose duty it shall be to attend at the session of the Court to which he is assigned. In case his services are not needed in the Court to which he is assigned, it shall be his duty to attend any other term of the Court at which his services shall be required, either by the justice presiding at such other term or by the special deputy clerk attached thereto. The stenographers assigned to the Special or Trial Terms of the Supreme Court must attend in the Court House each day at ten o'clock in the morning, and each stenographer must remain as long as he is required to remain by the justice presiding at the part to which he is assigned. They shall also render such assistance to any justice of the Court as he shall require. In case of the absence of any stenographer from the part to which he is assigned owing to illness, or when owing to an accumulation of work any such stenographer shall be permitted by the justice presiding in such part to absent himself for a definite period from the daily sittings of the Court for the purpose of enabling him to write out the testimony taken by him, such stenographer may, subject to the approval of such justice, select another stenographer to take his place during such temporary absence.

Such temporary stenographer shall, before acting, take the oath of office. He shall be paid by the official stenographer whose place he takes, and his services shall not be a charge upon the city or county of New York.

RULE III

Librarian and assistant librarian.-It shall be the duty of the librarian of the Appellate Division of the Supreme Court to take charge of the library of the Appellate Division of the Supreme Court, and to perform generally such duties in relation to such library as the justices shall require. He shall be responsible for all the books in the library, and shall see to it that all books removed from the library to the Court room or elsewhere are returned to the library, and shall be responsible generally for the safe-keeping and proper condition of the books and furniture in the library room.

RULE IV

Interpreters. The Justices of the Appellate Division of the Supreme Court in the First Department will detail one of the interpreters to act as chief interpreter, whose duty it shall be to attend at the Court House on each day, except on Sundays and legal holidays, from nine-thirty o'clock in the morning until five o'clock in the afternoon, and until each Trial and Special Term of the Court shall have adjourned. He shall keep a record in a book to be provided for the purpose of the time on each day at which each interpreter of the Court shall report for duty and the time at which each interpreter leaves the Court House. He shall assign each interpreter to duty in the particular branch of the Court at which his services are required, and shall make a monthly

Court in the First Department as to the attendance of interpreters, specifying the days and portions of days that each interpreter shall have been absent and the manner in which each of the interpreters has performed tions as he shall consider proper. He shall at his duties, and with such other recommendaall times obey the directions of any of the justices of the Supreme Court as to the performance of his duties and furnish interpreters for the several parts of the Court when called The other interpreters shall upon to do so. attend on each day, except on Sundays and legal holidays, unless excused by a justice of the Court or by the chief interpreter, from nine-thirty o'clock in the morning until five o'clock in the afternoon, and as much later as any branch of the Court is in session. They shall be under the general direction of the chief interpreter and shall attend at each branch of the Court as required either by him or by a justice of the Supreme Court. Each interpreter shall also render any service required by any justice of the Supreme Court, whether in Court or out of Court. They shall report to the chief interpreter their arrival and departure from the Court House, and generally shall obey his instructions in regard to the performance of their duties. When not actually engaged at a term of the Court the interpreters shall be in attendance at a room to be provided for that purpose, so as to be always available when their services are required.

RULE V

Crier and assistant crier.-The crier of the Appellate Division of the Supreme Court shall assign the attendants to the Appellate Division and to the various Special and Trial Terms of the Supreme Court. He shall have general charge of the attendants, and it shall be his duty to see that they properly perform their duties. He shall report to the Appellate Division of the Supreme Court any one of such attendants who fails to attend and perform the duties required of him or who in any way misconducts himself. He shall attend at each session of the Appellate Division of the Supreme Court and shall open and adjourn said Court, except when his attendance is dispensed with by the Presiding Justice. He shall make a report each month to the Appellate Division of any violation of any of the rules of the Court of which he is cognizant, and shall perform such other duties as the Presiding Justice of the Appellate Division shall require.

The assistant to the said crier shall attend at the County Court House in the county of New York on each day from nine-thirty o'clock in the morning until five o'clock in the afternoon, and as much longer as his attendance shall be required by any of the justices of the Court, or while any branch of the Court is in session. In the absence of the crier he shall perform all the duties of the crier, and shall perform such other duties as any justice of the Supreme Court or the crier shall require. The assistant crier shall wear while in Court, or in the discharge of his duties, a uniform such as is now established for the crier of the Supreme Court.

RULE VI

Attendants. The attendants shall each day attend the various branches or terms of the Court to which they are assigned by the crier from nine-thirty o'clock in the morning until five o'clock in the afternoon, or as much longer as the Court is in session or as a justice of the Supreme Court requires them to attend. They shall report to the clerk of the part to which they are assigned. They shall wear the uniform now prescribed for the attendants of the Supreme Court. In addition to their ordinary duties in Court they shall perform such other duties as may be required of them by a Justice of the Supreme Court, by the special deputy clerk of the part to which they are assigned, or by the crier or assistant to the crier.

RULE VII

Return to commissioner of jurors.-The special deputy clerk assigned to each of the Trial Terms of the Court shall, within five days after the discharge from service of each of the panels of the trial jurors, make a full and complete return to the commissioner of jurors and to the special deputy clerk of Part 4 of the Trial Term showing:

1. The name and residence of each juror who attended and served; the number of days the juror attended for the purpose of serving, and the number of days actually served.

2. The name and residence of each juror who was excused or discharged, with the reason therefor.

3. The name and residence of each juror notified who did not attend or serve.

4. The name and residence of each person fined, and the date and amount of his fine, and the part of the Court at which the fine was imposed, and the name of the justice who held the same (unless the fine has been remitted).

The special deputy clerk of Part 4 shall keep a record showing all the above facts in reference to all the jurors notified to attend at any of the Trial Terms of said Court, and shall, within ten days after the discharge from service of each of the panels of trial jurors, make a return to the counsel to the corporation of all fines imposed, which return shall give the name of each person fined, his address, the amount of the fine, the date when imposed, the part of the court at which the fine was imposed, and the name of the justice who held the same.

RULE VIII

Each special deputy clerk, assistant clerk, stenographer, interpreter and attendant shall each day sign personally the cards of record of attendance, and state thereon the time of his arrival in Court and the time of his departure therefrom, and the clerks of the calendar parts and the clerks of the various Trial and Special Terms shall each day forward to the crier said cards of record of attendance.

The offices of the clerks of the various parts shall remain open from nine-thirty A. M. to five P. M.

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 1 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.