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.

159

RULES TO PROMOTE THE EFFICIENT ADMINISTRATION OF JUSTICE IN RELATION TO THE HEARING AND DETERMINATION OF QUESTIONS ARISING UNDER THE ELECTION LAW.

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.

160

RULES OF

OF PRACTICE OF THE SURROGATES' COURT, NEW

YORK COUNTY

RULE I.

Papers. Each petition, decree, order, objection, answer, affidavit, stipulation and other paper submitted to the court shall be indorsed with the title of the proceeding to which it relates, and a description of the paper and the name and post-office address of the attorney presenting it.

No decree or paper on file in this court will be intrusted to the attorneys or parties except for the purpose of proper examination in the office where it is deposited, and if any such document or paper shall be needed on a hearing before any referee appointed by this court the same shall be intrusted to a clerk or messenger of this court and delivered to the referee, who shall execute a receipt therefor.

so far as

No paper will be received for consideration by the surrogate, or for filing in his office, unless it is of the weight prescribed by Rule XIX, General Rules of Practice, or unless it is written or printed in black characters and conforms in all other respects, practicable, to the requirements of said rule. No paper will be received by the clerk of the court after argument or submission of a matter subsequent to the date fixed by the surrogate for the receipt of the same, and no such paper shall be received unless a copy has been served upon the attorney or attorneys for the other party or parties who have appeared in the proceeding.

RULE II.

Motion calendar.- A motion calendar will be called on Tuesday and Friday of each week at 10:30 o'clock A. M., except that during the month of July there will be a calendar on Tuesdays only, and from the last Tuesday in July until the first Tuesday after the 15th of September there will be no calendar.

RULE III.

When motion or proceeding may be entered on calendar; adjournment of motion.-To entitle a motion or proceeding to be placed upon the Motion Calendar proof of service of all orders, citations and other papers on which the motion or application is made shall be furnished to the Clerk of the court at or before one o'clock on the day preceding the motion day. Except where a written stipulation of all the parties to the proceeding has been filed with the clerk of the court, a motion shall be adjourned only upon the return day thereof, upon showing legal grounds therefor to the satisfaction of the surrogate.

66

reserved

Proceedings or motions which have been marked generally may be restored to the calendar upon two days' notice to all parties who have appeared in the proceeding.

RULE IV.

Probate; will and copy to be filed. The will, if not lost or destroyed, shall be filed with the petition for probate, unless, upon good cause shown by affidavit, the surrogate dispenses therewith, in which case the will must be filed at least two days before the return day of the citation.

In all cases a copy of the will must be filed with the petition. With such copy there must also be filed an affidavit of two adult persons that they have compared the copy with the original will and that the copy is a true and correct one.

RULE V.

In probate proceedings when all parties in interest have waived the service of citation, notice of at least two days must be given to the probate clerk before the testimony of the subscribing wit nesses will be taken.

RULE VI.

Contested probates.- A copy of any objections filed to the probate of a last will and testament shall be served upon the proponent or his attorney in case the proponent shall have appeared by attorney.

In a contested probate proceeding notice of trial shall be served and a note of issue filed as prescribed by section 977 of the Code of Civil Procedure.

In cases of contests in probate proceedings, where a notice of objection filed is required by section 2618, Code of Civil Procedure, and within five days after objections to the probate are filed, the proponent shall present a verified petition for and procure and enter an order directing such notice. If the proponent fails to present such petition and fails to procure and enter such order within five days after objections are filed, any other party to the proceeding may present such petition and order.

RULE VII.

Jury trials of probate cases.- Within five days after a jury trial is demanded in the objections filed to the probate of a will the party making the demand shall present on two days' notice of settlement to the attorneys of all parties who have appeared by attorney a proposed order directing such trial by jury. Such order shall state plainly and concisely the controverted questions of fact to be tried by jury. If a party demanding a trial by jury fails to serve and present a proposed order as aforesaid, such order may thereafter be presented by any party to the proceeding.

RULE VIII.

Accountings. When a petition for a voluntary account is presented the account to which it relates must be filed therewith. Upon an accounting of any executor, administrator c. t. a. or testamentary trustee a copy of the will must be filed with the petition and account.

RULE IX.

Contested accountings. On an accounting by an executor, administrator, guardian or trustee any party interested or a creditor desiring to contest the account shall file specific objections thereto and shall serve a copy thereof on the accounting party or upon his attorney in case he shall have appeared by attorney within eight days after the filing of the account, where the accounting is a compulsory one, and within eight days after the return of the citation or within eight days after the proceeding is marked for decree where the accounting is a voluntary one, or within such further or other time in either case as shall be allowed by the surrogate. A special guardian in an accounting proceeding shall file his report or objections within eight days after his appointment, unless for cause shown his time to file such report or objections be extended by the surrogate.

The contest of the account shall be confined to the items or matter objected to.

Affidavit of regularity.

RULE X.

With every proposed decree on an accounting there must be submitted an affidavit of regularity setting forth the necessary jurisdictional facts.

RULE XI.

In any pro

Entry of decrees against infants in accountings. seeding for a judicial settlement of an account, wherein a special guardian shall be appointed or a general guardian shall appear to protect the interests of an infant party to such accounting, no decree shall be entered upon default against such infant, but such decree shall be so entered only on the written report of the guardian appearing for such infant that he has carefully examined the account and finds it correct, and upon two days' notice to the guardian of the settlement thereof.

RULE XII.

Administration.-Upon an application for letters of administration where it appears that the intestate was at the time of his death the subject of a foreign power, notice of the application shall be given to the consul or consular representative of such foreign power.

RULE XIII.

Guardianship. A petition for the application by a guardian for an infant's property, or any portion thereof, to the support, maintenance and education of the infant, shall show the terms of any previous order for the application of any portion of the infant's property.

When the application is made by a person other than the guardian of the property or a parent of the infant, the duly acknowledged consent of such guardian or parent shall be annexed to the petition, or the application must be made on notice to such guardian or parent.