« AnteriorContinuar »
proofs, with his opinion. The applicant shall furnish to the court or referee an abstract of title for at least twenty years prior to the award, and carried down to the time of the examination; and also produce the originals or verified copies of all deeds and wills referred to in the abstract, unless the court or judge, on proof that the same cannot be furnished, shall authorize other proof to be received in place of such originals or copies; and shall also furnish a certificate of search for mortgages and conveyances against the persons named in the abstract of title, made by a searcher in the register's office, or by some other person experienced in making such searches, and shall furnish his own affidavit, or that of his agent, or of some other person likely to be acquainted with the truth, to the effect that, according to his best knowledge, information and belief, there were no mortgages, conveyances, judgments or liens of any kind on the property to which the award was made, at the time of the award, and of the payment of the money to the officer then holding the money for the unknown owners, except such liens (if any) as may be specially mentioned in such affidavit. The maps of awards and assessments, or extracts from them, so far as relates to the lots in question, shall also be produced to the court, or judge, or referee. Whenever any money shall be paid to the clerk, or to the chamberlain or county treasurer, for unknown owners, such officer shall enter in his books of account a memorandum showing the title of the matter in which payment is made, and the number of the lot or lots on the map of awards or assessments to which the award is made.
2. No application will be heard in regard to the disposition of moneys awarded to unknown owners, until such moneys shall have been actually paid.
3. Every petition for the payment of such moneys shall be verified under oath; shall set forth a statement of the title and the grounds of the claim; and shall also state the names and residences of all persons, if any, whom the petitioner knows, or has been informed, or believes, to be claimants of such moneys or of any part thereof, or in any manner or in any degree interested or claiming to be interested therein.
4. Ten counselors-at-law, to be named by the presiding justice, with the concurrence of one or more of the other judges, shall be appointed referees, to one of whom such application shall be referred; and no application shall be referred except to one of the persons so to be named.
5. The referee, before proceeding in the reference, shall require proof of the service of notice of the reference upon all persons named in the petition as interested, or as claimants, and if, upon the reference, the referee shall consider that other persons should be notified, he shall require notices to be served upon them. If any such persons are infants, guardians must be appointed as in ordinary actions; and if any are absent, non-resident, or cannot be found, special application must be made to the court for direction in the premises.
6. The referee shall require a full and complete abstract of the title to be furnished to him, and which he shall verify for such length of time as he may deem advisable, together with full, complete and original returns of searches for mortgages, conveyances, and all other liens whatever, affecting the title of the property, and such affidavits also as he may deem proper. And he shall annex to and return with his report all such papers, together with the proofs of service of notices upon adverse claimants, and all testimony taken before him.
7. Notice of hearing, upon the report of the referee, shall be served upon all persons who appeared upon the reference, and proof shall be furnished to the court of the service of such notice.
Position on Calendar of Causes called and Passed in Courts in
New York City.
When a cause placed upon a calendar of a court of record in the city of New York shall be regularly called and passed, without a postponement by the court for good cause shown, it shall thenceforth take its place on the same or any future calendar as if the date of the issue where the time when it was thus passed. (Laws of 1849, p. 708, s. 16.)
In the case mentioned in the last section, it shall be the duty of the party placing a cause upon the calendar for a subsequent term, to state the date of the issue, as above prescribed; and if he omit to do so, by reason whereof the issue retains its priority on the calendar, the court, on the application of the adverse party, or of its own motion, may strike the cause from the calendar. (Id. s. 17.)
SUPREME COURT RULES,
SPECIAL CIRCUIT CALENDAR.
At any Circuit, until further orders, any causes belonging to either of
the following classes may be placed on a special Circuit Calendar, unless the trial is likely to occupy more than one hour :
1. Where the action is on contract, and the answer merely denies the allegations in the complaint, without setting up any new matter.
2. Where the action is on contract, and new matter is set up in the answer, and there shall be reason to believe that the defence is made only for the purpose of delay, or, where it shall appear, by affidavit, that the cause can be tried in an hour.
To entitle the cause to be placed on such calendar, the plaintiff's attorney must give a notice of four days, to be heard before a judge at chambers, that he will move to have the cause placed on such calendar; and if the motion be granted, the cause may be heard on any subsequent Friday.
If the motion be founded on the belief that the defence is for delay, or that the cause can be tried in an hour, affidavits must be served at the time of notice.
The plaintiffs attorney must deliver to the clerk of the circuit a like notice, one day before such Friday, containing also the number of the cause on the general circuit calendar.
If the cause shall actually occupy more than one hour on the trial, the trial may be suspended, at the discretion of the court, and the cause be put down at the foot of the calendar.
Preferred Causes. Causes which, under existing laws, are preferred, take their preference in the following order on the calendar:
1. Criminal actions.
2. Cases of probate in which the appeal prevents the issue of letters testamentary or of administration.
3. Appeals in which the sole plaintiffs or defendants are executors or administrators.
4. All other preferred causes.
Any party claiming a preference must so state in his notice of argument to the opposite party and to the clerk, and must also state the ground of such preference, so as to show to which of the above classes the case belongs.
The clerk will place the preferred causes at the head of the calendar, in the order above prescribed.
A preferred cause being once passed without reservation, will take its place on subsequent calendars, without preference.
Mortgage or Sale by Religious Corporation. MARCH 24, 1862.-Ordered, That in all future applications made to this court by religious corporations for leave to mortgage or sell their real estate, it shall be necessary to submit, with the petition to the court, a statement specifying what property had been sold by the corporation under any order of the court at any time within five years next preceding such application, and also showing the object for which sales, if any, were ordered, and the disposition actually made of the proceeds of any sale. Such statement shall be verified by one of the officers of the corporation.
Sales by Order of the Court. MARCH 26, 1862.-Ordered, That all sales to be made by virtue of or under any order, judgment, or other proceeding of this court, after the first day of May, 1862, may be noticed for and made at the Merchants’ Exchange Sales-room, No. 111 Broadway, and that any order heretofore made, so far as it conflicts with this order, is vacated.
But nothing in this or shall apply to any notice of sale heretofore published ; and where any notice of sale has been given for a day subsequent to the first day of May, 1862, at the Merchants' Exchange, the same may be adjourned to the room above designated.
Trial Fees. MAY 5, 1862.—Trial fees for causes heard at general term will hereafter be collected on the argument, to be paid in all cases by the moving party.
Substitution of Attorney. Ordered, Whenever a consent is filed with the clerk of this court for the substitution of an attorney or the discontinuance of an action, the clerk may enter in the minutes of the court the substitution of the attorney or the discontinuance of the action, without any order of the judge therefor.
Special Term and Motions. After the October term of 1859, all motions at special term at chambers must be noticed for the first and third Mondays in each term, and for no other time. Such motions will be heard in order on those and the succeeding days, unless otherwise ordered by the judge holding the term, until disposed of. Motions must be noticed for twelve o'clock noon. Ex-parte business will be attended to between ten and twelve o'clock each day.
Ordered, That the following classes of motions shall have preference, at chambers, in the order herein mentioned, and that all orders heretofore made in relation thereto be and are hereby vacated.
1. Motions to place causes on special calendars. 2. Motions for extra allowance.
3. Motions for judgments in foreclosure cases where no answer is put in.
4. Motions for reference and for commissions to take testimony. 5. Motions to discharge from imprisonment. 6. Motions to punish for contempt.
7. All other motions to which preference is given by the statute.
8. The general call of the calendar.
Admission of Attorneys. May 12, 1862.-Ordered, That a committee be appointed at each of the May and November terms, to whom the matters shall be referred for such examination and inquiry. The committee are to report on or before the third Monday of the term. Where a certificate of good character is submitted, the same should state that the party signing the same is acquainted with the character of the applicant, and knows it to be good.