business of said corporations, respectively, is situated, except that in actions brought by the Attorney-General in behalf of the people of this State, when it shall be made to appear that such sequestration is a necessary incident to the action, and that no receiver has already been appointed, a motion for the appointment of one may be made in any county within the judicial district in which such action is triable. No motion can be made, or other proceeding had for the removal of a receiver, elsewhere than in the judicial district in which the order for his appointment was made. And where a receiver has been appointed, his appointment shall be extended to any subsequent suit or proceeding relating to the same estate or property in which a receiver is necessary. RULE LXXXI. Power of receiver to employ counsel. -No receiver shall have power to employ more than one counsel, except under special circumstances and in particular cases requiring the employment of additional counsel, and in such cases only upon special application to the court, showing such circumstances by his petition or affidavit, and on notice to the party or person on whose behalf or application he was appointed. This rule shall apply to all receivers, present and future; and no allowance shall be made to any receiver for expenses paid, or made, or incurred in violation of this rule. RULE LXXXII. Examination of a party before trial. — When an examination is required under sections 870, 871, 872 of the Code of Civil Procedure, the affidavit shall specify the facts and circumstances which show, in conformity with subdivision 4 of section 872, that the examination of the person is material and necessary. RULE LXXXIII. Courts may make further rules. The Appellate Division in each department, and the various courts of record, may make such further rules in regard to the transaction of business before them respectively, not inconsistent with the foregoing rules as they in their discretion may deem necessary. RULE LXXXIV. In cases where no pro Practice in cases not covered by these rules. vision is made by statute or by these rules the proceedings shall be according to the customary practice as it formerly existed in the Court of Chancery or Supreme Court, in cases not provided for by statute or by the written rules of those courts. RULE LXXXV. Appellate division; announcement of decisions; delivery of copies of opinions; publication. Before any decision of the Appellate Division of the Supreme Court in any department in which an opinion is written is announced there shall be furnished to the clerk of the court a copy of each opinion delivered by the court, and immediately after the announcement of the decision and on the same day the clerk shall transmit such copy or copies so received by him, duly certified as required by section 92 of the Judiciary Law, and a list of all cases decided at the same time to the Supreme Court Reporter, and no decision on any appeal in which an opinion is written shall be announced until a copy of the opinion has been furnished to the clerk as aforesaid. No copy of any opinion in any case decided by the Appellate Division in any department shall be delivered to any person until after the decision is announced, and no copy of such opinion shall be delivered to any person except counsel in the case until after the list of decisions and certified copies of the opinions shall have been transmitted to the Supreme Court Reporter. The Supreme Court Reporter shall publish the opinions of the Appellate Divisions as soon as practicable without waiting to publish together all the opinions of a particular term or month. (Added June 17, 1913; in effect November 1, 1913.) RULE LXXXVI. Appellate division in first department to designate newspapers in which to publish legal notices, process, and other papers. Whenever a notice, summons, citation, order or other paper shall be required by the Code of Civil Procedure or other provision of law, or by the order of any court or a judge thereof, or of a surrogate or of the clerk of a court or any other official or individual, to be published in a newspaper in the First Department, or public notice of any application to a court or judge or other officer shall be required to be given by publication thereof in a newspaper in the First Department, or where any court or a judge thereof or a surrogate or other judicial officer or public officer is authorized or required to designate a newspaper in the First Department for the publication of any such notice, summons, citation, order or other paper, the newspaper designated by any court or judge thereof, or surrogate or other judicial officer or public officer, shall be a newspaper designated by the Appellate Division of the Supreme Court in the First Department, as hereinafter provided, and no such publication shall be deemed to give the notice required to be given if the same is published in any newspaper in the First Department which has not been designated by an order of the Appellate Division of the Supreme Court in the First Department, and the publication of such notice, summons, citation, order or other paper in any undesignated newspaper in the First Department shall not be deemed a compliance with any provision of the Code of Civil Procedure or other provision of law or of the order of any court or judge. The Appellate Division of the Supreme Court in the First Department shall from time to time designate such newspapers in such department as in its opinion have such a circulation as is calculated to give public notice of a legal publication, and from time to time revoke such designation. To entitle a newspaper to such a designation it must file with the clerk of the Appellate Division a statement, duly verified, showing approximately the amount of its circulation, the tine and place of its regular publication, and a statement of its charges for legal publications. (Added June 17, 1913; in effect November 1, 1913.) ANNUITY TABLE. Table showing the value of an annuity of one dollar on a single life, according to the Carlisle table of mortality, at five per cent. interest, referred to in Rule LXX of the General Rules of Practice. RULE FOR ASCERTAINING THE VALUE OF A LIFE ESTATE OB ANNUITY. Compute the interest at five per cent. for one year on the principal sum to the income of which the annuitant is entitled. Multiply the interest thus obtained by the number of years' purchase set opposite the age of the person on whose life the annuity depends, and the product will be the value of the life estate of such person. Example. Suppose a man, aged sixty, has a life estate in real property worth $3,000. Five per cent. interest on that amount for one year is $150. In the table we find the number of years' purchase of a man of sixty is 8.94, which, multiplied by $150, one year's interest, gives $1,341 as the value of his life estate. Suppose a widow aged forty has a dower right of $2,000. Interest on this at five per cent. for one year is $100. The number of years' purchase, by the table, of a person of forty, is $13.389. Multiplying this by $100, the result is $1,338.90, which is therefore the value of her right of dower. used on non-enumerated motion, clerk's minutes to show.. 3 17 must be folioed. 19 of merits, in what cases required; what to contain 23 24 48 for order allowing compensation to guardian ad litem of for examination of party before trial. 50 82 Agreements: between parties or attorneys, to be in form of order.... 11 additional, application for, when and where made...... from judgments sustaining or overruling demurrers, are 38 in appellate division, how located on calendar. what to consist of; three copies to be served on ad- 41 case, or case and exceptions, to be attached. 41 to be certified by the proper clerk; statement to be 41 opinion of court to be added. 41 Appellate Division: books to be kept by clerk.. non-enumerated motions in, when to be noticed. 21 calendar, how made up... appeals to be placed according to date of notice of practice and hearing of causes to be regulated by notes of issue, when to be filed. papers on appeal to be filed with clerk. may assign other days for hearing non-enumerated motions. may make further rules. announcement of decisions; delivery of copies of opinions; publication Arrest: order of, petition or affidavit to be filed; proceedings to briefly state grounds on which granted. Attachment: petition or affidavit to be filed; proceedings vacated for to briefly state grounds upon which granted. Attorneys: admission of, applicants for, to file certificate of examiners. names of, to be endorsed on papers. not to be sureties. record books kept showing what attorneys admitted, dis- substitution of agreements between, to be in writing. affidavit of, to extend time to answer or demur or reply. to act as guardian ad litem for infant defendant, when partner or clerk of, when not to be referee. Bonds and Undertakings: Rule. 4 13 4 13 11213 10 24 50 79 to be filed with proper clerk; proceedings vacated for fail- justification of sureties in; acknowledgment of. of special guardian, on sale, etc., of infant's, etc., real 57 Books: to be kept by clerk of appellate division; by clerks of other witness to produce, under deposition to obtain testimony Briefs and Points (see POINTS). of appeals to be placed according to date of notice of 39 of practice, to be regulated by justices. of cases entitled to preference, to be placed separately.. Case: to be folioed; to be legibly written. when served, where trial was before court or referee. in surrogate's court. if before a jury... amendments to, when proposed; settlement of, how made. time to serve, extension, notice of application. to contain evidence by question and answer; when to contain opening exhibits, when to be printed in full resettlement of, if it does not conform to rule; stipulation for review of 34 34 34 38 41 43 |