IN THE COURT OF APPEALS, October 28, 1892.

RULE I.

APPELLANT TO FILE RETURN- EFFECT OF

OMISSION.

If the appellant shall not cause the proper return to be made and filed with the clerk of this court within the time prescribed by law, the respondent may, by notice in writing, require such return to be filed within ten days after the service of the notice, and, if the return be not filed in pursuance of such notice, the appellant shall be deemed to have waived the appeal; and on an affidavit proving that the appeal was perfected, and the service of such notice, and a certificate of the clerk that no return has been filed, the respondent may enter an order with the clerk dismissing the appeal for want of prosecution, with costs; and the court below may thereupon proceed as though there had been no appeal.

RULE II.

FURTHER RETURN MAY BE ORdered. If the return made by the clerk of the court below shall be defective, either party may, on an affidavit specifying the defect, and on notice to the opposite party, apply to one of the judges of this court for an order that the clerk make a further return without delay.

RULE III.

ATTORNEYS AND GUARDIANS BELOW TO CONTINUE TO ACT.

The attorneys and guardians ad litem of the respective parties in the court below shall be deemed the attorneys and guardians of the same parties, respectively, in this court, until others shall be retained or appointed, and notice thereof shall be served on the adverse party.

RULE IV.

APPELLANT TO MAKE A CASE-ITS FORM. In all calendar causes a case shall be made by the appellant, which shall consist 33N.E.

of a copy of the return, and the reasons of the court below for its judgment, or an affidavit that the same cannot be procured, together with an index to the pleadings, exhibits, depositions, and other prin. cipal matters. Every opinion in the cause at special term, as well as at general term, relating to the questions involved in the appeal, is included by the foregoing provisions.

RULE V.

CASES AND POINTS TO BE PRINTED-MODE OF PRINTING.

All cases and points, and all other papers furnished to the court in calendar causes, shall be printed on white paper, as provided in section 796 of the Code of Civil Procedure. The folio, numbering from the commencement to the end of the case, shall be printed on the outer margin of the page. Small pica, solid, is the smallest letter and most compact mode of composition which is allowed. No charge for printing the papers mentioned in this rule shall be allowed as a disbursement in a cause unless the requirements of the preceding sentence shall be shown, by affidavit, to have been complied with in all papers printed.

RULE VI.

APPELLANT TO SERVE COPIES OF CASE-EF FECT OF HIS DEFAULT.

Within forty days after the appeal is perfected, the appellant shall serve three printed copies of the case on the attorney of the adverse party. If he fail to do so, the respondent may, by notice in writing, require the service of such copies within ten days after service of the notice, and, if the copies be not served in pursuance of such notice, the appellant shall be deemed to have waived the appeal; and, on an affidavit proving the default and the service of such notice, the respondent may enter an order with the clerk dismissing the appeal for want of prosecution, with costs, and the court below may thereupon proceed as though there had been no appeal.

RULE VII.

COPIES OF CASES AND points.

At the commencement of the argument the appellant shall furnish a printed copy of the case to each of the judges, and shall deliver nine other copies to the clerk. Each party shall, at the same time, furnish to each of the judges a printed copy of the points on which be intends to rely, with a reference to the authorities which he intends to cite, and shall deliver nine other copies to the clerk, and three copies to the counsel of the adverse party.

The cases and points delivered to the clerk shall be disposed of as follows: One copy thereof shall be kept by the clerk, with the records of the court; one copy thereof shall be deposited in the state library; one copy shall be deposited in each branch of the library of the court of appeals; one copy shall be deposited in the library of the New York Law Institute; one copy shall be deposited in the law library of Brooklyn; one copy shall be deposited in the law library of the eighth judicial district, and one copy shall be delivered to the reporter.

RULE VIII.

STATEMENT AND DISCUSSION OF FACTS.

In all causes each party shall briefly state upon his printed points, in a separate form, the leading facts which he deems established, with a reference to the folios where the evidence of such facts may be found; and the court will not hear an extended discussion upon any mere question of fact.

RULE IX.

CRIMINAL CAUSES.

Appeals in criminal causes, brought after making up the calendar, or too late to be placed on said calendar, may be put upon the calendar at any time, and brought on for a hearing as preferred causes, upon a notice of ten days; and it shall be the duty of the clerk to place such causes on the calendar for the day for which they shall be noticed, or upon which the cause shall be ordered by the court, or stipulated by the parties, to be heard.

RULE X.

SUBMISSION AND RESERVATION OF CAUSES.

Causes will not be received upon submission until reached in the regular call of the calendar. No reservation will be made of any of the first eight causes, unless on account of sickness, or an engagement elsewhere in the actual trial or argument of another cause commenced before the term of this court, or other inevitable necessity, to be shown by affidavit. Other causes may be reserved upon reasonable cause shown, or by stipulation of parties filed with the clerk; but no cause shall be so reserved by stipulation after the same has been placed upon the day calendar.

Causes reserved for a day certain by stipulation when in order to be called have

priority among each other according to the time of filing the stipulations with the clerk, and shall follow next in order the undisposed of causes of the calendar for the day previous. Default may be taken in them, and they will, if passed, go down upon future calendars, as if passed in the regular call.

No reserved cause, whether reserved generally or for a particular day, will be called before its number is reached on the regular call of the calendar.

RULE XI.

MOTIONS.

Motions and "appeals from orders entitled to be heard as motions" will be heard on the morning of the first and third Mondays of each session of the court, before taking up the calendar.

Where notice has been given of a motion, if no one shall appear to oppose it will be granted as of course.

If a motion be not made on the day for which it has been noticed, the opposing party will be entitled, on applying to the court at the close of the motion for that day, to a rule denying the motion, with costs.

RULE XII.

CALL OF CALENDAR.

Eight causes only will be called on any day, but, after such call, causes ready on both sides will be heard in their order. Any cause which is regularly called, and passed, without postponement by the court for good cause shown at the time of the call, will be placed on all subsequent calendars as if the return had been filed on the day when it was so passed.

Causes upon the calendar may be exchanged one for another, of course, on filing with the clerk in court a note of the proposed exchange, with the numbers of the causes, signed by the respective attor. neys or counsel. Upon all the subsequent calendars each of said causes will take the place due to the date of the filing of the return in the other.

RULE XIII.

TIME OF ARGUMENT.

In the argument of a cause not more than two hours shall be occupied by counsel on either side, except by the express permission of the court.

In the argument of an appeal from an order not more than twenty minutes shall be occupied by the appellant's counsel, nor more than fifteen minutes by the respondent's counsel, without express permission of the court.

RULE XIV.

PREFERRED CAUSES.

No causes are entitled to any preference upon the calendar except such as is given by law or the special order of the court.

Any party claiming a preference must so state in his notice of argument to the opposite party and to the clerk; and he must also state the ground of such preier

ence, so as to show to which of the preferred classes the cause belongs.

A preferred cause, being once passed, loses its preference.

RULE XV.

DEFAULTS.

Judgments of reversal by default will not be allowed. When a cause is called in its order on the calendar, if the appellant fails to appear, and furnish the court with the papers required, and argue or submit his cause, judgment of affirmance by default will be ordered on motion of the respondent. If the appellant only appears, he may either argue or submit the cause.

When any cause shall be regularly called for argument, and no other disposition shall be made thereof, the appeal shall be dismissed without costs, and an order shall be entered accordingly, which shall be absolute unless, upon application made and good cause shown, upon notice to the opposite party within ten days, if the court is in session, and, if not, on the first motion day of the next session, the court shall revoke said order, and restore said appeal.

RULE XVI.

REMITTITUR.

The remittitur shall contain a copy of the judgment of this court, and the return made by the clerk below, and shall be sealed with the seal, and signed by the clerk of this court.

RULE XVII.

AFFIRMANCE BY DEFAULT.

When a judgment or order shall be affirmed by the default of the appellant, the remittitur shall not be sent to the court below, unless this court shall otherwise direct, until ten days after notice of the affirmance shall have been served on

the attorney for the appellant. Service of the notice shall be proved to the clerk by affidavit, or by the written admission of the attorney on whom it was served.

RULE XVIII.

ENLARGING TIME-REVOKING ORDERS.

The time prescribed by these rules for doing any act may be enlarged by the court or by any of the judges thereof; and any of the judges may make orders to stay proceedings, which, when served with papers and notice of motion, shall stay the proceedings, according to the terms of the order. Any order may be revoked or modified by the judge who made it, or, in case of his absence or inability to act, by any of the other judges.

RULE XIX.

CALENDARS.

When a new calendar is ordered by the court, the clerk shall place thereon all causes in which notices of argument, with proof or admission of service, have been filed in his office, and also, if ordered by the court, all other causes in which the returns have been filed in his office; and the causes so put on the calendar by the direction of the court will be heard in their order as if regularly noticed.

RULE XX.

MOTIONS FOR REARGUMENT.

Motions for reargument will only be heard on notice to the adverse party, stating briefly the ground upon which a reargument is asked; and such motions must be submitted on printed briefs, stating concisely the points supposed to have been overlooked or misapprehended by the court, with proper reference to the particular portion of the case, and the authorities relied upon, and counsel will not be heard orally.

No person shall be admitted to practice

of record in this state, except as provided in these rules, without a regular admission and license by the supreme court, at a general term thereof, after a satisfactory examination, conducted by the judges of such court, or by not less than three practicing lawyers, of at least seven years' standing at the bar, to be appointed by the court for one year at the first general term held in each year in the respective departments. The members of such committee of examination may be removed at any time by the court, and vacancies for any cause or nonattendance may be filled during the year.

hereinafter provided, or in one year thereafter, he shall, if not a graduate of a college or university registered by the regents as maintaining a satisfactory standard, pass an examination conducted under the authority and in accordance with the ordinances and rules of the University of the State of New York, in English composition, first year Latin, arithmetic, geometry, English and United States history, and civics, or in their substantial equivalents, defined by the rules of the University, and shall file a certifi. cate of such act, signed by the secretary of the University, with the clerk of the

court of appeals, who shall return to the person named therein a certified copy of the same, showing the date of such filing.

A law student whose clerkship or substituted course of study has already begun, as shown by the records of the court of appeals or of any incorporated law school in this state, or law school established in connection with any college or university within this state, may, at his option, file, instead of the certificate required by this rule, that required by the rules of the court of appeals, adopted May 4, 1882.

[NOTE.-Examinatious in the subjects required by this rule are held by the regents in all the academies and academic departments of union schools in the state, under regulations issued from their office in Albany. Special provision is and will be made for meeting the requirements of this rule.]

No person shall be admitted to practice as an attorney and counselor unless he shall have served a regular clerkship of three years in the office of a practicing attorney of the supreme court, after the age of eighteen years, except as hereinafter provided. An allowance of one year shall be made to applicants who are graduates of any college or university. Any portion of time, not exceeding one year for graduates receiving the foregoing allowance, and two years for other applicants, actually spent in regular attendance upon the law lectures, or law school connected with any college or university having a department organized with competent professors and teachers in which instruction is regularly given, shall be allowed in lieu of an equal period of clerkship in the office of a practicing attorney of the supreme court; but in no case shall an applicant be entitled to admission as an attorney and counselor, without having served a clerkship in the office of a prac ticing attorney of the supreme court for the period of at least one year.

Attendance at a law school during a school year, of not less than eight months in any year, shall be deemed a year's attendance under this rule, and, in computing the period of clerkship, a vacation not exceeding three months in each year shall be allowed as part of such year.

IV.

To entitle an applicant to an examination as an attorney and counselor, he must prove to the court:

First. That he is a citizen of the United States, twenty-one years of age, and a resident of the department within which the application is made, and that he has not been examined in any other department for admission to practice and been refused admission and license within three months immediately preceding; which proof any be made by his own affidavit.

Second. That he is a person of good moral character, which may be proved by the certificate of the attorney with whom he has passed his clerkship, or by some attorney in the town or city where he

resides, but such certificate shall not be conclusive, and the court must be satisfied on this point from examination and inquiry.

Third. That, before commencing his clerkship or substituted course of study, he had graduated at a college or university, or, if not such graduate, that before commencing such clerkship or substituted course of study, or within one year thereafter, he had passed the regents' examination herein before required, which facts, respectively, may be proved by the production of the diploma of such college or university, or, in case of its loss, by other satisfactory proof, and by a production of a certified copy of the regents' certificate filed in the office of the clerk of the court of appeals, as herein before provided.

Fourth. That he has served the clerkship or pursued the substituted course of study prescribed by the rules. The clerkship may be proved by the certificate of the attorney with whom the same was served, or, in case of his death or removal from the state, or unjust refusal to give the same, by other satisfactory evidence. The time of study allowed as a substitute proved by the certificate of the teacher or for any part of said clerkship may be president of the faculty under whose instructions the person has studied, in addition to the affidavit of the applicant, court. which proof must be satisfactory to the

Any person who has been admitted and has practiced three years as an attorney and counselor in the highest court of law in another state may be admitted and licensed without examination; and the general term of the supreme court may, in its discretion, so admit and license any person who has thus practiced in another country, or who, being an American citizen and domiciled in a foreign country, has received such diploma or degree therein as would have entitled him, if a citizen of such foreign country, to practice law in its courts; but he must possess the other

must produce a letter of recommendation from one of the judges of the highest court of law of such other state or country, or furnish other satisfactory evidence of character and qualifications.

VIII.

The time of clerkship shall be computed by the calendar year, and, if the period of clerkship shall expire during the term at which application is made, the applicant may be admitted on any day during the term. The same period of time shall not be

that a student attending a law school as herein provided, and who during the vacations of such school, not exceeding three months in any one year, shall pursue his studies in the office of a practicing attorney, shall be allowed to count the time so occupied during such vacation or vacations as part of the clerkship in a law office required by these rules. The judges of the supreme court may adopt regulations for conducting the examinations.