for him in such proceeding, it must appear that such person, or such general guardian, is competent to protect the right of the infant, and that he has no interest adverse to that of the infant and is not connected in business with the attorney or counsel of any party to the proceeding. Whenever an infant interested in any proceeding in said Surrogate's Court has a general guardian no decree will be entered without appointing a special guardian to represent said infant's interest therein, unless such general guardian shall file his appearance in writing and his affidavit of no adverse interest, with the Clerk of said Surrogate's Court.

RULE XX.

Reports of special guardians. Special guardians in accounting proceedings shall file their reports within five days from the time of their appointment, except where objections are filed and an adjournment is had, or their time to file report is extended by the Surrogate. The report or an accompanying affidavit must state in detail the work done and the number of days spent in its performance.

RULE XXI.

Bill of costs. - No allowance will be made to an accountant on the judicial settlement of his account unless the bill of costs contains a detailed statement of the days employed in connection with the account, showing the time occupied on each day in the rendition of the services, and their nature and extent in detail.

RULE XXII.

Notice of settlement of decree. In a proceeding where a notice of appearance and demand has been filed, or a special guardian appointed, two days' notice of settlement of decree must be given, unless all parties who have appeared consent to the entry of the decree.

RULE XXIIa.

Proof, on an accounting, of having paid the transfer tax. - Where a representative of an estate is required by law to pay a transfer tax, no decree judicially settling the account of such representative will be entered in this court unless there has been filed in my office a receipt for the payment of such tax, sealed and countersigned as provided by § 236 of the Tax Law, or it has been shown that the estate is exempt from taxation. (Added Feb. 16, 1916.)

RULE XXIII.

Hearing of disputed claim. Where the parties consent that the Surrogate may hear and determine a disputed claim against the estate of a decedent upon the judicial settlement of the account of an executor or administrator, as provided by § 1822 of the Code of Civil Procedure, the attention of the Court must be directed to this fact on filing the petition for accounting in order that the matter may be placed on the appropriate calendar.

RULE XXIV.

Amendment of proposed decree, etc. When a proposed order, decree or decision shall be served, with notice of settlement thereof, the party served shall not submit any complete substitute therefor, but may submit proposed amendments thereto, properly referring by page and folio to the portions of the paper sought to be amended

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and containing after each amendment a statement of the grounds therefor.

RULE XXV.

Papers not to be removed from office. No record or paper on file in this Court will be intrusted to the custody of 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 before any Referee appointed by this Court, the same shall be entrusted to a Clerk or messenger of this Court and delivered to the Referee, who shall execute a receipt therefor, and for its redelivery.

RULE XXVI.

Allowance for support of infants. No allowance will be made to infants for support or education under § 2846, Code of Civil Procedure, unless the petition shows that an annual accounting has been properly filed or good cause is therein shown why it has not been filed. The petition shall show also the terms of any previous order in the same estate, or, if none has been made, that fact shall be stated. Except in exceptional cases, an allowance will be made for the period of one year only, and the order must so provide. Where the infant is over fourteen years of age, he shall join in the petition; and when application is made by any person other than the guardian of the property it shall be made on at least two days' notice to such guardian.

RULE XXVII.

Motions for reargument. All motions for reargument must be submitted on papers, showing clearly that some question decisive of the case, and which was presented by counsel upon the argument, has been overlooked by the Court; or that the decision is inconsistent with some statute, or with a controlling decision to which, through the neglect or inadvertence of counsel, the attention of the Court was not drawn.

RULE XXVIII.

Transfer Tax Proceeding. — 1. Upon the filing of the appraiser's report in a transfer tax proceeding the Surrogate will immediately enter the order determining the value of the property and the amount of tax. The matter will not appear on the calendar at this stage, nor will the Court then consider objections to the report.

2. A party having objections to the report, or the order entered thereupon, may, within sixty days, file a notice of appeal. Said notice to be served upon all parties appearing before the appraiser, and proof of service must be filed with the clerk, with the notice of appeal. Thereupon the proceeding will be placed upon the calendar for the next regular calendar day. This notice must specify the grounds of objection.

3. A special guardian will be appointed to protect the interests of infants upon the return of the appraiser's notice, if it appears that their rights are involved and they are not otherwise adequately represented.

4. A proposed order on a motion to exempt an estate from taxation, must be accompanied by a copy thereof.

Rules of the City Court of New York City.

(Adopted December 6, 1911, to take effect January 1, 1912. As amended to May, 1916.)

RULE I.

Trial terms. Each trial term shall begin on the first Monday of the month for which it is assigned, and be continued until and including the Friday preceding the first Monday of the following month, unless the justice presiding shall continue the term. No Trial Term shall be held during the months of July, August and September, except as hereinafter prescribed. The justice assigned to the Special Term during the months of July, August and September, with a jury, or without where none is required by the parties, may try "marine cases" or any case in which the defendant may by order of a justice of this court be actually confined in jail and unable to furnish bail, and when the circumstances of the case are, in the judgment of said justice, such as to demand a speedy trial in furtherance of justice, and in such cases the justice assigned to the Special Term during those months may hold such trial in that branch of the court. (As am'd Jan. 1, 1916.)

RULE II.

Special calendar for short causes. There shall be a Special Calendar to be called in Part I, Trial Term, for the trial of actions placed thereon, pursuant to the following direction: The justice assigned to Part I, Trial Term, shall send such causes as are placed on this Special Calendar to Part II, Trial Term, for trial. In case Part II shall not have business enough to occupy it during court hours, causes from the Regular Calendar at Part I shall be sent to it for trial. (In effect April 1, 1915.)

In actions on contract, of replevin, or for conversion, where a note of issue has been filed and the cause noticed for trial, either party may apply to the Special Term on two days' notice to the adverse party for an order placing the cause on the Special Calendar. Upon such application, if it satisfactorily appear by affidavit and the pleadings that the trial of the action will not occupy more than two hours and that no good reason exists why the same should not be promptly tried, the court may by order place the cause on the Special Calendar for trial. The order shall specify the number of the cause on the General Calendar, and a copy thereof must be filed

with the calendar clerk. If the trial shall actually occupy more than two hours, the court may in its discretion send the cause to the foot of the General Calendar.

No action brought for the recovery of less than $250, which could! have been brought in the Municipal Court of the City of New York, will be advanced to the Special Calendar.

All actions hereafter advanced to the Special Calendar shall be called and tried or otherwise disposed of in the order in which the same are placed thereon, unless postponed for legal cause shown by affidavit.

Subd. 2. Special Calendar for Commercial Causes. In any action now on the General Calendar, or which may hereafter be placed thereon, wherein the plaintiff seeks to recover a specific sum of money upon a bond or undertaking or other written obligation or upon a negotiable instrument or for the rent or hire of real or personal property or for money had and received or for money loaned or for goods sold and delivered or on a guaranty, any party to a cause may upon proof of service of a copy thereof upon the attorneys for all parties who have appeared in the action file with the calendar clerk a notice to the effect that the cause is one of those enumerated hereinabove and that the same is moved as a Commercial Calendar cause, and thereupon the calendar clerk shall place the cause upon the Special Calendar for Commercial Causes in the order in which such notices are filed. Such calendar shall be called in Part III and the causes thereon tried and disposed of at Parts III and IV. If the party who has moved the cause as a Commercial Calendar Cause shall not be ready to proceed with the trial when the cause is called for trial, the court in its discretion may allow an adjournment or send the cause to the foot of the Trial Calendar or direct a dismissal or inquest or otherwise dispose of the same as justice may require. Whenever there shall not be sufficient causes on the Calendar for Commercial Causes to occupy the time of the courts held in Parts III and IV, causes shall be sent to such part or parts for trial from the Day Calendar by the justice holding Part I. (This subdivision in effect November 2, 1914.)

RULE III.

Preferred causes.

Application for a preference under section 791 of the Code of Civil Procedure must be made in Trial Term, Part I, and notice thereof served with the notice of trial, agreeably to section 793.

RULE IV.

Actions transferred from other courts. — In actions transferred to this court by consent from other courts of record, the party filing the order of transfer shall file with the clerk of this court engrossed copies of the summons and pleadings in such action, and the clerk shall, on filing such process and pleadings, enter said cause on the Trial Calendar.

RULE V.

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Pleadings furnished to court; duty of attorney. - It shall be the duty of the attorney by whom the copy of the pleadings shall be furnished for the use of the court on a trial to plainly designate on each pleading the part or parts thereof which are claimed to be admitted or controverted by the succeeding pleading.

RULE VI.

Cases in which a new trial is ordered at appellate court. — In lieu of the pleadings in actions wherein a new trial is granted the party moving the case for trial must furnish the Justice with a printed copy of the appeal book and a copy of the opinion of the appellate court on whose order the case is remanded for the new trial.

RULE VII.

Marine cases. Marine cases must be commenced (under the Code) by summons, and if the plaintiff applies for an order of arrest to accompany the summons it must be in the form and to the effect required by section 3178. The pleadings may be oral or in writing; if oral, the clerk must enter the substance thereof in the minutes. If a jury is demanded, the Justice presiding at Special Term may in his discretion transfer the action to any one of the Trial Terms or he may cause to be impanelled a jury for the purpose and try the cause at Special Term, and said tribunal is hereby declared to be a Trial Term for the special purpose of considering and determining such cases.

RULE VIII.

Jurisdiction. Torts committed on board a foreign ship on the high seas must be considered as having occurred within the territorial limits of the foreign nation to which the vessel belongs, and the parties having the ship's equipage, though actually here, are still deemed within the foreign jurisdiction. In such case the court, having discretion to exercise the power, will decline jurisdiction unless it is made to appear either: First, that the plaintiff or defendant has been regularly discharged from his ship by competent authority; or, second, that either of the parties is a resident or citizen of the United States. In the excepted cases only will process be allowed.

RULE IX.

Special term for litigated motions; when held. There shall be a Special Term of this court for the hearing of litigated motions, to commence on the first Monday of each month and to continue until the Friday preceding the first Monday of the succeeding month, which term shall be held every day, except Saturday, Sunday and legal holidays. Court shall open at 10 o'clock in the morning and