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Calendar Rules — Rules 4-6

Rule IV

The Court will take notice of engagements of counsel in other Courts of equal or superior jurisdiction, upon oral statement of counsel if said engagement is in Queens County, or upon an affidavit of counsel if engagement is elsewhere. Said affidavit shall give the title of the case, in which the engagement is, in what Court and part, before what Judge, when the trial has been commenced and how long it is likely to continue.

Rule V

If a case is answered ready by the plaintiff, and subsequently be answered off or be otherwise delayed by the plaintiff, it shall be stricken from the calendar, and can only come up for trial again by the service of a new notice of trial, filing a new note of issue with the County Clerk and paying the fee therefor.

Rule VI

At all trial terms cases triable by jury shall have preference and cases which are not triable by jury or in which a jury trial is waived will be set down by the Court for the next succeeding Saturday, or may be heard at Special Term at such other time as the Court may direct.

RULES OF

MAGISTRATES' COURTS

NEW YORK CITY

FIRST DIVISION

(Rules of Magistrates' Courts are being revised)

RULE 1. Assignment and rotation of magistrates.

2. Times at which courts shall be held.
3. Who to be in attendance.
4. Order of business.
5. Manner of keeping records.
6. Collection and disposition of fines.
7. Warrants.
8. Cases of vagrancy.
9. Fixing bail.
10. Transferring cases for cause.
11. Recognizances to keep the peace.
12. Consents to discharge.
13. Maintenance of order.
14. Bond of police clerk.
15. Persons jointly committing crimc; children over sixteen ar-

raigned in Children's Court; jurisdiction of Children's Court. 16. Amendments.

Rule I. Assignment and rotation of magistrates Assignments of magistrates to the several District Courts shall be made by the Board of Magistrates to cover a period of at least six months, which shall provide for a rotation of magistrates holding said courts.

Rule II. Time at which courts shall be held The First, Second, Third, Fourth, Fifth and Seventh District Courts shall be opened each day at nine o'clock in the morning, and shall not be closed for the day before four o'clock in the afternoon, except on Saturdays and legal

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holidays, when morning sessions only shall be necessary, and except also that on the day of general election every court shall remain open until the closing of the polls. Except on Saturdays, Sundays and legal holidays, when morning sessions only shall be necessary, and on the day of general election, when it shall remain open until the closing of the polls, the Sixth and Eighth District Courts may be closed at any hour in the afternoon of any day, whenever, in the opinion of the magistrate presiding therein, further continuance in session is not required by the business or for the convenience of the public of that district.

Rule III. Who to be in attendance

There shall be in attendance at each of such courts, at the times specified in Rule II, all the clerks, clerks' assistants, the court stenographer (if there be any), and all proper court officers assigned thereto; and any violation of this rule may be reported to the Board of Magistrates by the magistrate presiding in the court where such violation occurs.

Rule IV. Order of business The business of each of said courts shall be conducted in the following order:

1. Disposition of precinct returns.
2. Hearing returns on warrants and summonses.
3. Hearing and disposing of complaints.
4. Examinations.

The presiding magistrate may vary the foregoing whenever in his judgment the public service may require it.

Rule V. Manner of keeping records The police clerks shall keep, or cause to be kept, in each of the courts the following books;

Collection and disposition of fines

Rule 6

1. The court record.
2. A bond book.
3. A fine book.
4. A warrant book.

Rule VI. Collection and disposition of fines

All fines, if the same shall be paid before full commitment, shall be collected by the police clerks in the district in which such fines were imposed, and shall be duly entered by him in the record, and in the fine book kept for that purpose. Every police clerk shall, on or before the fifth day of every month, prepare or cause to be prepared a written statement which shall be verified under oath by said police clerk, and which shall contain a full, just and true account of all the money received by him as fines or penalties during the preceding month. It shall be the duty of every police clerk to present the aforesaid statement to the comptroller of the city of New York and to pay to said comptroller all the moneys so received and collected on or before the fifth day of every month as aforementioned. Police clerks shall take receipts for such payments, which shall be annexed to duplicates of said statements, and be retained by the police clerks as vouchers. The fine book kept by every police clerk shall be arranged so as to show in detail the amount of moneys collected by him for fines and penalties; the daily collections, the time and amount of deposit in bank of such moneys, and the time of payment and the amount paid to the comptroller. On or before the tenth day of every month the police clerks, and each of them, shall report to the President of the Board of Magistrates the payment to the comptroller by him of the moneys collected by him for and be retained by the police clerks as vouchers.

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Rule VII. Warrants Warrants shall be issued to peace officers only, and, except in cases where the complaint is presented by the district attorney, the magistrate shall not intentionally issue a warrant save in the district in which the offense is charged to have been committed. Search warrants shall be issued only in the district in which the place to be searched is situated, except it be issued in aid of a prosecution duly instituted in some other district, when it may be issued by the magistrate presiding in the district where such prosecution is instituted.

Rule VIII. Cases of vagrancy

In cases of vagrancy, and of cases where the order of the magistrate may deprive any person of his or her liberty, or impose a fine, such person shall appear in open court and may be heard in his or her defense, and produce witness or any competent testimony in his or her behalf, and the magistrate shall decide each case from the evidence before him.

Rule IX. Fixing bail All bail bonds, recognizances and obligations demanded or received by any City Magistrate's Court shall be executed and acknowledged before a proper officer by the party intended to be bounded thereby, and when executed in the presence of the magistrate taking them, he shall attest the same by his official signature; and all sureties thereto, before being accepted as sufficient, shall severally subscribe and make oath to an affidavit, in each case naming his residence, which must be in the State of New York, and specifying and locating sufficient property owned by him, and that he is worth a sum at least twice the amount of the obligation assumed by him, over and

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