Text in italics is new matter, inserted June 17, 1921. Civil Practice Act references: Disposition of proceeds generally; accounting, CPA § 1403; Disposition of proceeds exceeding five hundred dollars, CPA § 1404. Star (*) means read Not into HEADLINE in capitals. For illustration see Rule 1. BOND REQUIRED Altho bond not given: executrix of guardian having accounted for proceeds of sale, surrogate's decree thereon binding on infant (Allen 55 AD 454, 67 NYS 97, aff 66 AD 623, rev 171 NY 1, 63 NE 528). $500: sum exceeding (Fitting Street [Jan 5, 1922] 66 NYLJ 1191). Proceeds of sale: paid to guardian for infant's support (*Allen 171 NY 1, 63 NE 528, rev 66 AD 623, aff 55 AD 454, 67 NYS 97). BOND SUFFICIENT Improved and unincumbered real estate: requirement as to security on, not satisfied by bond of surety company, prior rule (*Flynn 58 Mis 628, 111 NYS 1023). Rule 300. Limitation on costs and fees in proceedings to dispose of real property of infant. If the infant's interest in the property do not exceed one thousand dollars, the whole costs, including disbursements, shall not exceed twenty-five dollars and the expense of a surety bond, if one be required, and referee's fees not exceeding ten dollars. If several infants be interested in the same premises as tenants in common, the application in behalf of all shall be joined in the same petition, although they may have several general guardians; and there shall be but one reference to ascertain the propriety of a sale as to all, and but one bill of costs shall be allowed. EDITORIAL NOTES Source: General Rule of Practice, last two sentences. Formerly Equity Rule 109; Rule 66 of 1849; Rule 62 of 1852; Rule 69 of 1858; Rule 70 of 1871, 1874; Rule 61 of 1877; Rule 58 of 1880, 1884, 1888, 1896, 1900, 1910, 1913. Text in italics is new matter, inserted June 17, 1921. Star (*) means read Not into HEADLINE in capitals. For illustration see Rule 1. HISTORY— Rule similar in terms: to chancery Rule 161 (Molinari 82 Mis 663, 144 NYS 217). COSTS AND FEES LIMITED— Exceeding $1000: aggregate interests of infants, limitation of rule applies (Molinari 82 Mis 663, 144 NYS 217). Premium for bond: allowed in addition to $25 limited by rule (Molinari 82 Mis 663, 144 NYS 217; Morrell 4 Paige 44). Individual shares not exceeding $1000: in instalment payments by father on contract to purchase (Cornell [Feb 18, 1922] 66 NYLJ 1781). $10 over $1000: costs and disbursements of $205 disallowed (Walsh [Oct 6, 1921] 66 NYLJ 73). STATE OF NEW YORK CONVENTION TO CONSIDER AND ADOPT RULES OF CIVIL PRACTICE June 17, 1921. We, the undersigned, Alfred R. Page, Permanent Chairman, and Herbert L. Smith, Secretary, of the Convention to Consider and Adopt Rules of Civil Practice, pursuant to chapter nine hundred and two of the laws of nineteen hundred and twenty as amended by chapter three hundred and seventy of the laws of nineteen hundred and twenty-one, DO HEREBY CERTIFY that the foregoing Rules of Practice were adopted by such convention pursuant to such law by the affirmative votes of eight justices, constituting a majority of all the justices chosen to such convention, at a regular meeting thereof held at the Senate Chamber at the Capitol in the city of Albany on the seventeenth day of June, nineteen hundred and twenty-one; such convention having been regularly convened pursuant to such law on the second Tuesday of June, nineteen hundred and twenty, and regularly adjourned from time to time to that day. And we do hereby FURTHER CERTIFY that the foregoing rules were filed in the office of the Secretary of State, at the city of Albany, pursuant to said law, on the twelfth day of July, nineteen hundred and twenty-one. Given under our hands at the city of Albany, this twelfth day of July, nineteen hundred and twenty-one. ALFRED R. PAGE, Chairman. HERBERT L. SMITH, Secretary. |