trial on another day in the term or place the cause on a subsequent Trial Calendar. In no event shall a cause on the Day Calendar be passed from day to day on account of the engagement of counsel for more than two days. Not more than two causes shall be held "ready" on the Day Calendar for one counsel, in addition to the cause in which he is engaged, and in all causes the counsel who is to try the same must be designated, if required by the court, on the call of the day calendar. Actions in which new trials are ordered will, upon application to the Special Term for Litigated Motions, upon two days' notice, be placed upon the Trial Calendar without filing a new note of issue. RULE XV. Miscellaneous; fees paid to the clerk not returnable.- Fees paid upon filing notes of issue are, so soon as they reach the hands of the clerk, in the constructive possession of the city of New York; and it is made the official duty of that clerk to pay them, with other lawful fees collected by virtue of his office, into the city treasury. RULE XVI. Special rules concerning the duties and obligations of the clerk of the City Court of the City of New York.-1. The clerk, on assuming office, shall make and file, in duplicate, his oath of office, one of which duplicates shall be filed in the office of the city clerk, and the other in the clerk's office of this Court, and give a bond as now prescribed by law. 2. The clerk, or, in his absence, the deputy, shall make statements in writing, duly verified by his oath, of all moneys received for fees or otherwise by him as said clerk, and shall pay into the finance department of the city of New York all such moneys so received by him for the use of or belonging to the city, as required by law; and these acts shall be done once in each and every month, and a duplicate of such statements in writing, also duly verified, shall be at the same time delivered to the chief justice of this Court, or, in his absence, to the justice then presiding at the Special Term, Part II, accompanied by a voucher from the said finance department, showing that such money has been actually so paid over after the auditing and approval of the monthly statement by the department. RULE XVII. Complaint dismissed at Trial Term; restoration.- Where a complaint is dismissed, or an inquest allowed, at a Trial Term, the cause will not be restored on consent of the parties; but the facts may be presented to the justice presiding in the part where the cause was disposed of, or at the Special Term, by motion for action thereon. RULE XVIII. The clerk of the Papers to be filed must bear index number. City Court of the city of New York is hereby authorized to inaugurate and maintain in his office an alphabetical index of the actions and special proceedings commenced in the City Court, which shall be numbered consecutively for the year in which such action or special proceeding is commenced, and each pleading, order, affidavit, judgment, final order or other paper filed in such action or special proceeding shall be filed under the same number, so that in the index book provided for that purpose the record of the filing shall appear. After the action or special proceeding shall have received a number each paper filed therein shall have indorsed thereon the number assigned thereto, and the clerk is authorized to refuse to receive or file any such pleading, order, affidavit or other paper, including the judgment roll or final order, upon which such number does not plainly appear. RULE XIX. Settlement of orders on remittitur.-At least three days' notice of settlement of all orders upon remittiturs from the Appellate Term and Appellate Division, Supreme Court, shall be given before presenting the same for signature and entry. 190 RULES OF THE MUNICIPAL COURT OF THE CITY OF NEW YORK. (Adopted and duly approved pursuant to section 8 of the Municipal Court Code.) Rules 1 to 26, in effect September 1, 1915. Rules 27 to 32, in effect October 23, 1915. Rule 34, in effect January 19, 1916. RULE I. Court shall open at 9 o'clock in the forenoon. At least one of the justices shall be in attendance until 4 o'clock in the afternoon. On Saturdays one justice shall be in attendance between the hours of 10 o'clock in the forenoon and 12 o'clock noon in each borough in a district to be designated by the board of justices for the transaction of such business as may be determined by a justice of this court. During the months of July and August, court shall be held on such days as the justice presiding in each district may designate. RULE II. In a district where more than one part has been established the trial calendar shall be called, and precepts in summary proceedings, orders to show cause and notices of motion shall be returnable in part one. The call of the calendar shall precede the transaction of any other business. Motions shall be heard immediately after the call of the calendar. RULE III. The clerk in each district shall prepare a daily trial calendar which shall be posted in the clerk's office two days in advance. Causes shall be placed on the trial calendar according to their dates of issue. Adjourned causes shall be placed on a subsequent trial calendar in the order in which they have been adjourned. RULE IV. Causes shall appear on the trial calendar in the following order: (a) Causes in which judgments on default in pleading must be rendered on application to the court. (b) Actions for wages. fel Other actions in which the amount claimed does not exceed fifty dollars. (d) Summary proceedings to recover possession of real property. (e) Hearings on objections taken under sections 88 and 89 of the Municipal Court Code. (f) Causes marked for a preference by the court on a preceding day. (g) Actions on a written instrument for the payment of money only. (h) Causes, not hereinabove enumerated, appearing for the first time on the trial calendar. (i) Adjourned actions in causes not hereinabove enumerated. RULE V. Causes shall be tried in the order in which they appear on the calendar unless otherwise directed by the court; and in a district where more than one part is held, the justice calling the trial calendar shall assign causes for trial to a disengaged part in the order in which they appear on the calendar. RULE VI. Where the plaintiff can recover judgment upon the defendant's default in pleading only upon the application to the court, the clerk, providing the plaintiff appears in person, shall place the cause upon the calendar on a day not less than three nor more than five days after the expiration of the time within which the defendant might have appeared, and shall notify the plaintiff by mail of the date. Where the plaintiff has appeared by attorney the clerk shall place such cause upon the trial calendar for a day to be fixed by the attorney in a notice to be filed with the clerk, such date, however, to be not less than three days from the filing of the notice unless otherwise directed by the court. RULE VII. Where the defendant does not appear by attorney, he must at the time of answering give his address in writing to the clerk. RULE VIII. If the summons, or the summons and complaint, is not filed in the office of the clerk as provided by subdivision 3 of section 22 or by section 23 of the Municipal Court Code, the defendant may within the time limited for joining issue, on complying with subdivision 3 of section 78 of the Municipal Court Code, file the copy of the summons, or of the summons and complaint served upon him, together with an affidavit of such service. Upon the request of the defendant the clerk must thereupon dismiss the action and in a proper case tax costs on such dismissal, or the defendant may have other appropriate relief. RULE IX. There shall be in each district a calendar of causes reserved generally on which calendar the clerk, unless otherwise directed by the court, shall place any cause after the same shall have been three times on the trial calendar. Any cause may be placed on such calendar by consent, or upon stipulation of the parties. Causes may be restored to the trial calendar on three days' notice, or on consent of the parties, for a day to be fixed by the court. Before an action shall be dismissed by the court pursuant to section 126 of the Municipal Court Code the clerk shall give such notice to the parties as the court may direct. RULE X. The defendant's time to move or answer pursuant to subdivision five of section 78 of the Municipal Court Code shall not be extended by an ex parte order for more than three days, and when said time shall have been extended by stipulation or order for three days or more, no further time shall be granted by order, except upon notice to the adverse party of the application for such order. RULE XI. A consent giving the court further time to render judgment or decide a motion as provided in section 119 of the Municipal Court Code must be in writing or noted upon the minutes of he trial. RULE XII. (a) Motions may be brought on for hearing on not less than three days' notice unless otherwise directed by the court. (b) Ex parte applications may be made to and granted by any justice. The affidavit shall state whether any previous application has been made for such order, and if made, to what justice and what order or decision was made thereon and what new facts, if any, are claimed to be shown. RULE XIII. All papers in actions or proceedings shall be submitted to the elerk of the district in which such actions or proceedings are pending and it shall be the duty of the clerk to forward such papers promptly to the justice to whom they are to be submitted. RULE XIV. The endorsement of the name and address of the attorney on the summons, pleading or any other paper filed in an action shall be deemed an appearance within the meaning of section 164 of the Municipal Court Code. RULE XV. All copies of papers which are to be included on the return on appeal and prepared by the appellant as provided by rule |