of the court, if not filed with the petition, shall be filed with the examiner of title of least fourteen days before the return day designated in the notice of hearing. C. After the time provided in the notice of hearing shall have expired, or within such further time as may have been allowed by the court, if there has been no anpearance or answer, the petitioner may apply to the "Title Part" of the Special Term, for a final order or judgment as provided for in the act. In all applications for final order or judgment the applicant must present to the court proof by affidavit that all the provisions of the act entitling the applicant to such final order or 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 to real property would be triable by a jury, either party to the proceeding who is entitled to have such issue determined may apply to the "Title Part" of the Special Term, within twenty days after the issue has been joined, 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 proceeding may apply to the "Title Part" of the Special Term, upon eight days' notice to all who have appeared in the proceeding, for final order or judgment, and on such application the court shall try all other issues in the proceeding 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 proceeding, apply for final order or 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 act must be made at the "Title Part" of the Special Term herein before designated, upon notice of eight days to all persons interested in the application. All applications to the court under section 422 of the act shall be made at the "Title Part" of the Special Term, upon eight days' notice to all persons in interest, as provided in that section. All applications made under section 428 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 proceeding to recover for loss or damage or deprivation of real property out of the assurance fund provided for by the act. RULES OF SUPREME COURT, KINGS COUNTY TRIAL TERM CALENDAR RULES Rule 1. Any cause may be set down for a day by a stipulation filed with the Calendar Clerk before it appears on the Day Calendar, except that it may not be advanced out of its order in that way. Causes marked "off" on the call of the Day Calendar may be set down for a day of any subsequent term only, by a stipulation or a five days' notice filed with the said clerk. Rule 2. Causes will not be set down for days upon the call of the Day Calendar. The answer must be "ready" or "off." Rule 3. The first day a cause is on the Day Calendar it will be held for that day if marked "ready." Rule 4. The Court will take notice of engagements of counsel in Kings County upon an oral statement. Rule 5. The court will pay no regard to engagements of counsel elsewhere unless a signed written statement thereof (which need not be sworn to) be submitted, giving the title of the cause in which the engagement is, in what court and part and before what judge such cause is on trial, and when the trial commenced and how long it is likely to continue. Engagements in an appellate court will not be regarded unless stated in the same way and with equal precision. Rule 6. All other excuses or motions for delay, or for holding or postponing causes, must be presented by affidavit on the call of the Day Calendar in order to be considered for any purpose, including a motion in the Special Term for Motions to open a default. Rule 7. The court will not hear oral statements or arguments in respect of such engagements, excuses or motions, and will pass upon such written statements or affidavits thereof by endorsements thereon after the call of the Day Calendar, and file the same with the clerk. Rule 8. Not more than two causes will be held ready on the Day Calendar for one counsel in addition to the one he may be engaged in trying in Kings County, or if he be engaged out of Kings County; and in all cases the counsel who is to try the cause must be designated on the call of the Day Calendar if required by the Court. Rule 9. If a cause answered "Ready," by the plaintiff be afterwards answered "off" by the plaintiff, or made unduly obstructive by the unreadiness of the plaintiff, it may be stricken from or sent to the foot of the General Calendar. Rule 10. Any action to recover the price of merchandise sold; for wages; for money loaned, or had and received; upon negotiable instruments; or upon a bond or an undertaking, which is properly on the calendar and having a number may be advanced to any day calendar by the plaintiff by filing at least 30 days prior thereto with the calendar clerk an affidavit showing the nature of the action, and that the plaintiff at the time the cause of action arose was and now is a resident of Kings County; and if the plaintiff is an assignee of the cause of action that the assignor was such a resident at the time the cause of action arose; together with proof of service of notice of such advancement to all parties who have appeared, or in lieu thereof the consent of all such parties. The pleadings must be exhibited to the Calendar Clerk at the time of such filing. Causes so advanced must be tried when reached or the preference and the right thereto under this rule is lost. CRIMINAL CAUSES. The trial of criminal causes pending in the County of Kings may at any time be moved in Trial Term, Part VIII, and the Justice assigned to hold such term shall, at any time when he deems the public interests require it, order a Grand Jury to be summoned for the term. In all other counties criminal causes will be heard at the appointed Trial Terms. SPECIAL TERM, PART I, RULES. Rule 1. No contested motion shall be placed on the Day Calendar of the Special Term for contested motions, unless a note of issue, giving the title of the action or proceeding, the names of the attorneys entitled to notice and of the attorneys filing such note of issue, shall be filed with the clerk of the part two days before the day on which the motion is noticed to be heard, except where an order to show cause is granted, returnable in less than two days, when the clerk shall, upon exhibition to him of the order and a note of issue as above indicated, place the motion upon the calendar at any time before the time for hearing, or the Justice assigned to said part may place the motion upon the calendar on the day when the order or notice is returnable. Rule 2. No motion will be heard unless the moving papers and all papers in opposi tion are ready for submission at the time of argument. Rule 3. Where the motion is determined on the argument, the moving papers and all papers in opposition must be immediately delivered to the clerk, and the order must be presented before the close of the next succeeding day. Rule 4. Where on the call of the calendar, motions are granted by default, the moving papers must be immediately delivered to the clerk and the order must be presented on the same day. Rule 5. Orders on decisions must be presented before the close of the day succeeding that on which the same appears in the Law Journal. Rule 6. Upon failure to comply with the foregoing rules, motions will be deemed abandoned. Rule 7. No motions will be considered on submission of papers. Counsel who make or oppose motions are expected to argue them orally. SPECIAL TERM, PART II, RULES. For all ex parte applications and for the hearing of undefended divorce causes and for application of aliens to become citizens of the United States. Orders for the examination of judgment debtors or third parties in supplementary proceedings and orders for examination of parties before trial will not be made returnable on Saturday or any day set apart for the hearing of uncontested divorce cases. Causes triable by the Court without a Jury may be noticed for trial and notes of issue filed for the Terms of July, August and September. There shall be no regular day calendar of trials during such months, but the Court at Special Term, Part II, may, in its discretion, when it is made to appear to it, on a motion made upon affidavit, on two days' notice to the opposite side, that special reasons exist why the cause should be tried prior to the October Term, order the cause on for trial and fix a day therefor. All of the aforesaid Special Terms in Part II shall include the Saturdays of each week. There will be no Special Term in Part I on Saturdays, but the Judge sitting in Part II will hold this Term for Saturdays also. Motions may be noticed for any legal day of the year. NATURALIZATION OF ALIENS. Applications of alien to become citizens of the United States of America will be entertained at Special Term, Part II, on one day of each week to be set apart for that purpose by the Justice presiding thereat. Also two weeks in the January, May and June Terms of Part 4 will be set apart by the Justice presiding thereat for the same purpose. SPECIAL TERM, PART III, EQUITY CALENDAR RULES Rule 1. Any cause may be set down for a day by a stipulation filed with the Calendar Clerk before it appears on the Day Calendar, except that it may not be advanced out of its order in that way. Causes marked "off" on the call of the Day Calendar may be set down for a day of any subsequent term only, by a stipulation or a five days' notice filed with the said clerk. Rule 2. Causes will not be set down for days upon the call of the Day Calendar. The answer must be "ready" or "off." Rule 3. The first day a cause is on the Day Calendar it will be held for that day if marked "ready." Rule 4. The Court will take notice of engagements of counsel in Kings County upon an oral statement. Rule 5. The Court will pay no regard to engagements of counsel elsewhere unless a signed written statement thereof (which need not to be sworn to) be submitted, giving the title of the cause in which the engagement is, in what court and part and before what judge such cause is on trial, and when the trial commenced and how long it is likely to continue. Engagements in an appellate court will not be regarded unless stated in the same way and with equal precision. Rule 6. All other excuses or motions for delay, or for holding or postponing causes. must be presented by affidavit on the call of the Day Calendar in order to be considered for any purpose, including a motion in the Special Term for Motions to open a default. Rule 7. The Court will not hear oral statements or arguments in respect of such engagements, excuses or motions, and will pass upon such written statements or affidavits thereof by endorsements thereon after the call of the Day Calendar, and file the same with the clerk. - Rule 8. Not more than two causes will be held ready on the Day Calendar for one counsel in addition to the one he may be engaged in trying in Kings County, or if he be engaged out of Kings County; and in all cases the counsel who is to try the cause must be designated on the call of the Day Calendar if required by the Court. Rule 9. If a cause answered "Ready," by the plaintiff be afterwards answered "off" by the plaintiff, or made unduly obstructive by the unreadiness of the plaintiff, it may be stricken from or sent to the foot of the General Calandar. Rule 10. When time is given for the submission of briefs and papers, they must be handed to the clerk and not sent to the Justice. Rule 11. In any contested action brought to foreclose a mortgage on real property where a notice of trial has been duly served, in which the right to a preference under this rule is claimed, the action shall be placed upon a special calendar to be called in Special Term, Part III (Trials), on Friday in each week, upon filing a note of issue and exhibiting such notice of trial to the clerk of that part, with proof of due service thereof. During the months of July, August and September such actions may be noticed for trial at Special Term, Part I (Motions), and the trial may be had at such term on any Friday after the date for which the cause shall have been noticed. RULES OF SUPREME COURT, NEW YORK COUNTY. Rules for Regulating the Trial Terms of the Supreme Court in the First Judicial District and the Calendar Practice Therein. (Amended to September, 1921.) RULE I. General Calendars. The calendar of issues of fact to be tried by jury in New York County shall consist of two separate calendars, known respectively as General Calendar No. 1 and General Calendar No. 2, 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 prepared. There shall be placed upon Calendar No. 1, all tort actions, except actions in ejectment and replevin and to recover damages for the conversion of personal property, and upon Calendar No. 2 all actions not on Calendar No. 1. A note of issue must specify, in addition to the particulars required by section 977 of the Code of Civil Procedure, the number of the calendar on which the cause is to be placed, as above provided, and the clerk shall not receive a note of issue unless it complies with this provision. New causes that have been regularly noticed for trial and a note of issue duly filed after the making up of the general calendars shall be put at the foot of the proper calendar, according to date of issue. A cause on either of said general calendars may be reserved generally and so marked by the clerk at any time if the parties file a consent to that effect. All motions or applications in regard to the calendars, except as provided by Rules 3, 5, 6 and 7, must be heard by or made to the justice holding Part III in regard to Calendar No. 1, and the justice holding Part XIV in regard to Calendar No. 2. RULE II. Reserved causes; motions in respect to calendar. Causes marked reserved generally, if younger issues have been reached in regular order, and causes in which new trials have been ordered, may be placed on the appropriate Ready Calendar on filing a consent with the calendar clerk; or a party may apply to the justice holding either Part III or XIV of the Trial Terms, as the case may require, upon two days' notice for an order placing such a cause upon the Trial Calendar or upon a Day Calendar, as the court may direct. Annually, during the month of June, or at such other time or times as the Appellate Division in the First Department may direct, a call shall be made of all causes on each of the General Calendars marked "reserved generally" or "stayed" or "jury disagreed” or "juror withdrawn." The Part in which such call shall be made and the justice to make the same shall be designated by the Appellate Division, and said justice shall have power to adjourn the call from day to day until it is completed. A list of the causes to be so called shall be published in the Law Journal at least eight days before the call. If, upon such call, it shall appear that the plaintiff has unreasonably neglected to proceed in the action or that younger issues have been tried in their regular order, the defendant or one or more defendants in the action may move to dismiss the complaint as provided for in Rule 36 of the General Rules of Practice, provided notice of motion to that effect and any affidavits or exhibits be served upon the plaintiff five days before such call. Upon such motion, the court may make an order dismissing the complaint, or if it is made to appear that failure of the plaintiff to bring the action to trial has not been unreasonable, the court may place the cause at the foot of the appropriate Ready Calendar, or otherwise dispose of it as justice may require and on such terms as may be just. If upon such call any party to a catise in which no such motion is made shall answer ready, or shall have theretofore filed with the calendar clerk a notice so stating the cause shall thereupon be marked ready for trial and placed at the foot of the appropriate Ready Calendar unless otherwise directed by the court. If, however, upon such call none of the parties to the cause appears or answers ready or files notice as aforesaid, then the same shall be stricken from the General Calendar and subsequently restored only upon service of a new notice of trial and filing of a new note of issue, whereupon it shall be placed upon the appropriate General Calendar as of the date when restored and not as of the date of original issue. RULE III. Preferred causes. A party claiming to be entitled to a preference under section 791 of the Code of Civil Procedure may apply there for to the court at Part II,` in the manner prescribed by section 793. If the application for a preference be granted, the court shall direct the cause to be placed upon an appropriate Day Calendar for a day certain for trial, and called after the causes then upon such Day Calendar marked ready. If the party who has moved for the preference 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 Ready Calendar, or direct a dismissal or inquest, or otherwise dispose of the cause as justice may require. The justices holding Parts III and XIV in charge of Calendars Nos. 1 and 2, respectively, may, on application of any party to a cause brought by or against a receiver of a corporation and on five days' notice to the other party, direct that such cause be granted a preference over older issues and placed on the Ready Calendar or on a Day Calendar for trial, as it may direct, although no notice of application for a preference may have been served with the notice of trial as provided in section 793 of the Code of Civil Procedure. RULE IV. Trial terms; number of; time of holding; time of opening; what causes tried at, respectively. There shall be twenty Trial Terms of the Supreme Court, to be known, respectively, as Trial Terms, Parts I to XX, inclusive. Each of said terms shall commence on the first Monday of January, February, March, April, May, June, October, November and December in each year, and shall continue to and until the Friday preceding the first Monday of the following term, or until the term shall be adjourned without day. The Trial Terms shall open at 10 A. M. on each trial day during the term and shall continue in session until 4.30 P. M. Part I shall be the Criminal Term of the Supreme Court, and shall be held in the Criminal Court Building or in the County Court House in the County of New York. Part II shall be the Trial Term for the disposition of the Special Calendar under Rule 6. In Parts III to XIII, inclusive, shall be tried causes from General Calendar No. 1. In Parts XIV to XVIII, inclusive, shall be tried causes from General Calendar No. 2. In Parts XIX and XX shall be tried such causes from General Calendars Nos. 1 and 2 as shall from time to time be ordered by the Appellate Division, or as may be sent from other Parts. RULE V. Special issues. All questions of fact ordered or directed to be tried by a jury, all issues and questions of fact in special proceedings, and all issues and questions of fact which have been stated for trial in pursuance of §§ 970 and 971 of the Code of Civil Procedure, and all controverted questions of fact of which any party has a constitutional right of trial by jury, and in any proceedings for the probate of a will in which any controverted questions of fact arise which a Surrogate of the County of New York shall direct to be tried at a Trial Term of the Supreme Court to be held within the County of New York under § 2538 of the Code of Civil Procedure, shall be placed upon Calendar No. 2 in the order of filing with the calendar clerk of the order, directing the cause to be so placed or of the order or direction for the trial by jury or of the order stating the issues or questions of fact to be tried by jury. (As am'd October 16, 1916.) RULE VI. Special calendar; short cause calendar. Subd. 1. In an action wherein the plaintiff seeks to recover a debt or liquidated demand upon a bond or other obligation for the payment of a specific sum of money, or upon a bond or undertaking on appeal, or upon a negotiable instrument, or for goods sold and delivered, either party may, after the cause has been placed upon the General Calendar, upon two days' notice to the opposing party, apply to the justice holding Part II for an order placing said cause upon the Special Calendar for trial, and the cause thereupon shall be tried and disposed of at Part II. Subd. 2. In an action wherein the plaintiff seeks to recover upon an account stated, or for wages, salary or compensation for services, or upon a policy of insurance, or for rent or hire of real or personal property, or for money had and received, or for money loaned, or on a statute where the sum sought to be recovered is a sum of money other than a penalty, or on a guaranty, the plaintiff may, at the first term at which the cause shall have been placed upon the General Calendar, upon five days' notice to the defend |