Page images
PDF
EPUB

Bond of examiner; application for registration

Rule 16

[ocr errors]

made as directed by section 1678 of the Code, and notice of such sale must be given as prescribed in that section. The referee or officer making such sale shall cause to be published with the notice of sale a diagram of the property to be sold, or of which an interest therein is to be sold, showing the street or avenue upon which such property is located, its street or avenue number, if any, and specifying the number of feet to the nearest cross street or avenue. Where such sale is made to satisfy any lien or charge upon the real property sold, the approximate amount of such lien or charge shall be stated in a note annexed to such notice of sale, and where there are taxes, assessments or other liens upon the said property, which are to be allowed to the purchaser out of the purchase money, or which are to be paid by the referee, the referee or officer making such sale shall also state in a note annexed to such notice of sale the approximate amount of such charge or lien. An unintentional error, however, in such diagram, or in the amount of the lien or charge for which the property shall be sold, or the amount of such taxes or other lien to be allowed to the purchaser upon the sale, shall not invalidate the sale, nor authorize the court to relieve the purchaser, or order a new sale.

Rule 16. Bond of official examiner of title; application for

registration of title A. An official examiner of title, before he is licensed and admitted to practice as such, must file the bond required by Rule III of the Rules of the Court of Appeals relating to applications to practice as official examiners of title, approved by the Presiding Justice of the Appellate Division of the Supreme Court in this department. All bonds executed by individual sureties must have annexed thereto an affidavit of each surety stating his age

Bond of examiner; application for registration

Rule 16

and residence, with the street and number, and specifically stating the property owned by the surety, with a brief description thereof, and its value and the liens or incumbrances thereon, with a description of such liens or incumbrances, and the business, if any, of the surety, and stating the amount of his indebtedness, whether there are any existing judgments against him, and the amount of his property over and above such indebtedness. In case of the death of a surety the official examiner of title must within thirty days thereafter file a new bond with new sureties fully complying with this rule. Each applicant for a license as an official examiner of title must also produce a certificate of the committee of character certifying that he is of good moral character and as to his standing in regard to financial transactions.

B. An application for registration of title to real propcrty made under chapter 444 of the Laws of 1908 must be made at Special Term, Part II, of the Supreme Court, which is hereby designated the “Title Part” of the said court under section 3 of the said act, and the Justice of the Supreme Court from time to time assigned to Part II of the Special Term is hereby designated as the Justice to have general supervision and control of the business coming under the said act in the county of New York, and all applications to register title to real property under the said act must be returnable at said Title Part, Special Term, Part II, of the Supreme Court.

C. After the time provided in the summons to appear and answer the complaint shall have expired, if there has been no appearance or answer, the applicant may apply to the Special Term, Part II, for a final judgment as provided for in section 22 of the act. If there has been an appearance in the action under the said act, but no answer has been interposed, he may apply to the court for final judgment on eight days' notice to all who have

Bond of examiner; application for registration

Rule 16

appeared in the action. In all applications for judgment the applicant must present to the court proof by affidavit of the service of the summons as required by the said act, and of the appearances or answers, if any, in the action, and that all the provisions of the act entitling the applicant to such judgment have been complied with.

D. Where an answer is interposed which raises an issue of fact which in an action relating to the title of real property would be triable by a jury, either party to the action who is entitled to have such issue determined may apply to the Title Part of the Special Term within twenty days after issue has been joined by the service of the pleadings to have the issues framed to be tried by a jury, as provided by section 970 of the Code of Civil Procedure. The trial of such issues shall be had and the subsequent proceeding in relation thereto shall be such as is prescribed by the Code of Civil Procedure. After such issues are disposed of, either party to the action may apply to the Title Part of the Special Term upon eight days' notice to all who have appeared in the action for final judgment, and on such application the court shall try all other issues in the action not disposed of by the jury, or may refer any such issues undisposed of to be tried by a referee. Where all issues have been disposed of, either party may then upon notice of eight days to all who have appeared in the action apply for final judgment at the Title Part of the Special Term.

E. All applications to the court after a certificate of registration has been issued under the provisions of the said act must be made at the Title Part of the Special Term hereinbefore designated, upon notice of eight days to all persons interested in the application. All applications to the court under section 54 of the act shall be made at the Title Part, Part II, of the Special Term, upon eight days' notice to all persons in interest, as pro

[blocks in formation]

vided in that section. All applications made under section 60 of the act shall also be made at the Title Part of the Special Term, upon eight days' notice to the city chamberlain and all other parties who have appeared in the action to recover for loss or damage or deprivation of real property out of the assurance fund provided for by the said act. (Adopted February 4, 1909; amended April 22, 1909.)

RULES FOR THE REGULATION OF THE TRIAL TERMS OF

THE SUPREME COURT IN THE FIRST JUDICIAL DISTRICT AND TO REGULATE THE CALENDAR PRACTICE THEREIN

RULE 1. General calendar; reserved causes.

2. Reserved causes; motions in respect to calendar.
3. Preferred causes.
4. Trial terms; number of; time of holding; time of opening; what

cases tried at, respectively.
5. Special calendar; short cause calendar.
6. Day calendar.
7. General and preferred calendars.
8. Passing cases on day calendar; reservations for same counsel.
9. Fines imposed on delinquent jurors.

Rule 1. General calendar; reserved causes

The general calendar of issues of fact to be tried by a jury in the county of New York shall consist of three separate calendars, known respectively as Calendar No. 1, Calendar No. 2, and Calendar No. 3, which shall be made up from time to time as ordered by the Appellate Division of the Supreme Court in the First Department, and these calendars shall remain for the successive Trial Terms of the court until new calendars are made up. New causes that have been regularly noticed for trial and a note of issue filed as prescribed by the Code of Civil Procedure shall be put at the foot of the proper calendar. Parties filing a consent may have a cause on

[blocks in formation]
[ocr errors]

either of the calendars reserved generally. A cause which has appeared on the calendar of the Circuit Court, the Superior Court of the city of New York, or the Court of Common Pleas for the city and county of New York, or on a calendar of the Trial Term of the Supreme Court, where the parties shall have omitted to file a note of issue so as to have the same placed on a new calendar, may be placed on the proper calendar at the foot thereof by the justice calling the Friday calendar on application of either party on two days' notice to the adverse party Causes placed on the several calendars hereinbefore provided for shall be classified as follows: Upon Calendar No. 1 there shall be placed actions to recover for personal injuries or for death against railroad companies. Upon Calendar No. 2 there shall be placed actions for libel, slander, false imprisonment, malicious prosecution, and all other actions sounding in tort, except actions for personal injuries against railroad companies and actions to recover damages for conversion of personal property. Upon Calendar No. 3 there shall be placed actions for damages for the conversion of personal property, actions on contract and to recover damages for breach of a contract, and all other actions not hereinbefore directed to be placed upon Calendars Nos. 1 and 2. A note of issue must specify the particular nature of the action and the calendar upon which the same shall be placed, as required by section 977 of the Code of Civil Procedure; and the clerk shall not receive a note of issue unless it complies with this provision. (Amended May 23, 1904.)

[ocr errors]

Rule 2. Reserved causes; motions in respect to calendar

Any cause “reserved generally,” where the same has been reached in its regular order, or in which a new trial shall have been ordered, may be placed on the calendar for any Friday on filing a consent with the clerk; or either

« PreviousContinue »