Εικόνες σελίδας
PDF
Ηλεκτρ. έκδοση
[graphic]

short delay, is of many times more value than an immediate and less well considered action, and that the honest convictions of an honorable man may with propriety be expressed in words which, coming from the bench, at least assures us that the judiciary are prone to preserve the high tone and good morals of the community upon which rests the very foundation of our law and institutions.

Through the courtesy of the Hon. John F. Dillon, of New York city, we were able to print last week the address of the lord chief justice of England on the subject of "Legal Education." The subject is one which has been much discussed within recent years and many States have already taken steps to advance the interest of the profession by adopting their suggestions in regard to the examination of law. students and the preparation which they should receive before they are admitted to practice before the courts of the State. It is particularly interesting to read the suggestions of the lord chief justice, and to note the history of legal education in England. We are also gratified to read the comprehensive review which the lord chief justice makes of legal education in the United States and to see that he appreciates some of the disadvantages under which the system is this country is placed. Coming from such a distinguished jurist and from such a learned judge the article is replete with interest and demonstrates the scholarly attainments for

which the lord chief justice of England is noted.

Among the notable contributions to the Woman's Number of the Chicago Evening Journal of Nov. 1, was the following from the distinguished female lawyer, Mrs. Kate Kane Rossi, who is still actively practicing the profession in which she has been so successful for the last seventeen years:

"History, either in ancient or modern times, has failed to record any condition of servitude, or any system of human degradation, so brutal, so cruel, and so hopeless as that of female slavery. When I say female slavery I mean all woman-kind-all, from the palace to the hovel, from the vaulted edifice of religion to the echoing halls of revelry and vice; from the recluse in her cloister, imbued with piety, to the felon in her cell, addled with crime. All, all have

suffered from the contaminating touch of slav ery, and no woman ever died without having felt its blight-nay, not one, from the petted idol of society, white and chiseled in the grasp of death, to the neglected creature and victim of our civilization, lying upon a marble slab in the morgue-her cross a curse.

"I believe that women will never be emanci pated until a sufficient number of them have mastered the law, in order to enable themselves, first, to abolish their own servile environments, and, second, to lead womankind out of degradation. And to do this the first and cardinal principle to be borne in mind is that the law will not be coquetted with by either man or woman; and if they will keep this in mind, there will be hope for our deliverance from a slavery that has never had a parallel in any civilization.

The foregoing is a noteworthy utterance of a member of the legal profession of the gentler sex, and is, to say the least, a laudable ambition for the practicing of any profession. Just how the entrance of women into the legal profession and their appreciation of legal principles are to affect the slavery, even of themselves or of

others, is something which we are unable to

comprehend.

From the

women, so far as the law relating to property is It always seemed to us that concerned, enjoyed greater advantages and were less restrained than men. Take, for ex ample, one notable instance: A married woman may leave her property to whomsoever she pleases, while her right of dower attaches to her husband's property in any event on his death. Certainly her right to dispose of her property is less restrained than her husband's right to dispose of his property. standpoint of the lawmaker, women have been more generously treated than members of the sterner sex. But if she could lessen our suffer. ing from endless legislation, yearly passed, by studying the principles of government, we would most heartily welcome her as a lawmaker. It might be well, however, for men to have a little more light thrown on the method by which women are to accomplish all these desirable ends before the men determine how they are to raise future generations in place of those who are to follow their pursuits, even though the slavery of women is said to exist, if indeed the restraint placed on every citizen in order not to trespass on others' rights is to be so called.

[ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small]

HERE shall be a term of the Supreme Court for the hearing of Appeals from the City Court and the District Courts of the city of New York, which shall commence on the fourth Monday of

the notice of appeal, the respondent may move, upon five days' notice, on the first day of any Term of such Court, to dismiss the appeal, and the appeal shall be dismissed unless the time appellant to cause such return to be filed and copies thereof printed and served be extended by such Appellate Term for good cause shown.

In appeals from the District Courts, if the appellant does not procure the return to be made to the Court within the time prescribed in section 3053 of the Code of Civil Procedure, the respondent may

e each month (except the month of August), at half-move, on five days' notice, to dismiss the appeal, da: past ten, and shall continue from day to day during the fourth week until all appeals ready for hearing are heard and disposed of. The court shall hold its sessions in the court-house in the city of New York, MAD and shall be held by three justices of the Supreme Court duly designated to hold such term.

the b

70

[ocr errors]

Rule II.

The clerk of such term of the Supreme Court shall make up a calendar of all appeals to be heard at each term, and publish the same in The Law Journal at least five days before the commencement of the term. No appeal shall be placed upon such calendar unless the return from the court below is duly filed with the clerk of such term at least eight days before the commencement of the term; nor, in the case of appeals from the City Court, unless an affidavit is filed with such clerk at least eight days before the commencement of the term by which it appears that three copies of such return, duly printed as required by the General Rules of Practice, have been served upon the attorney for the A respondent. Upon such report being filed as aforesaid, and in the case of appeals from the City Court, upon an affidavit as aforesaid being also filed, the clerk shall place the appeal upon the calendar in the order in which the return was filed. The order of the court upon the appeal shall be entered in the office of the county clerk, and in the case of an appeal from the District Court shall be annexed to the return from such District Court and filed in the office of the county clerk. In the case of an appeal from the City Court a certified copy of the order of such court on the appeal shall be annexed to the return received from the City Court, and shall be transmitted to the City Court, as required by section 1345 of the Code. Appeals may be brought on for argument upon notice of eight days.

r:

Rule III.

and such appeal will be dismissed unless such Appellate Term, for good cause shown, extends the time in which the return may be filed. If the Court below shall not make the return to this Court, as prescribed by the Code, the appellant may move, on the first day of such Appellate Term, upon five days' notice, to compel such return by attachment.

In appeals from the City Court, in case the appellant does not cause the return to be filed with the Clerk of the said Term of the Court and print and serve three copies thereof upon the attorney for the respondent, printed as required by the General Rules of Practice, within ten days after service of

Rule IV.

Motions for reargument will only be heard on notice to the adverse party, at the next succeeding term after the decision, stating briefly the ground upon which the 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, together with copies of the opinions, if any, and counsel will not be heard orally.

Rule V.

In the argument of the appeal from an order not more than fifteen minutes shall be occupied by counsel on either side, and in the argument of an appeal from a judgment not more than thirty minutes shall be occupied by counsel on either side, except by express permission of the court.

Rule VI.

If the appellant does not appear upon the call of the calendar, the judgment or order appealed from shall be affirmed. If the appellant appears and the respondent fails to appear, the appellant may either argue or submit his case, but judgment of reversal by default will not be allowed.

Rule VII.

An application to appeal to the Appellate Division of the Supreme Court from a decision of this term of the Court under section 1844 of the Code of Civil Procedure must be made in writing on notice to the adverse party upon the first day of the term following the term in which the case was decided; and such application must set forth in full the special reasons why such an appeal should be allowed, and must be submitted without oral argument.

[graphic]
[blocks in formation]

A general calendar of all issues of fact triable by a jury in the County of New York, which shall include all cases at issue and duly noticed for trial in the Supreme Court, the Superior Court of the City of New York and the Court of Common Pleas for the City and County of New York shall be made up for the first Monday of January, 1896, and of such subsequent times as shall be specially ordered by the Appellate Division of the Supreme Court. No case shall be put upon such calendar unless a note of issue shall have been filed at least twenty days before the first Monday of January, 1896, with the clerk of Part 2 of the Trial Term, which note of issue shall state the date of issue of the action, the term for which the case has been noticed for trial and the Court in which the action was originally

commenced, and if the same had been upon a previous calendar in either or said Courts, its number

upon such calendar. Such calendar shall remain unchanged and continue the calendar for each suc cessive Trial Term of the Court until a new general calendar is ordered to be made up. New causes will be placed at the foot of the general calendar when regularly noticed for trial and a note of issue filed as prescribed by the Code of Civil Procedure. Parties filing a consent may have any cause upon the general calendar reserved generally. All causes marked off the term at any Trial Term shall stand upon the general calendar as reserved generally at the beginning of the following term. Any case now upon the Circuit Court, Superior Court or Court of Common Pleas of the City of New York where the parties shall have omitted to file a note of issue so as to have the same placed upon the general calendar, may apply to the Judge calling the Friday calendar on any Friday, on two days' notice to the adverse party, to have the same re-. stored to the calendar, and it shall then be placed upon the general calendar at the foot thereof.

[blocks in formation]

or are entitled to a preference either under express provisions of law or by the General Rules of Prac tice, or by any special rule, which calendar shall be called, and the cases thereon tried and disposed of at Part 2 of the Trial Term. Any party entitled to have a case preferred may, upon two days' notice, apply to the court at Part 2 to have the case placed upon such preferred calendar. There shall also be placed upon this calendar for trial all issues sent from the Special Term for trial by jury; and any issue in an equity action as to which the parties are entitled by law to a jury trial where such issue has been framed to be so tried. All such cases shall be placed upon the preferred calendar in the order of the filing with the clerk of this part of the order granting the preference or directing issues to be tried.

Rule IV.

There shall be eleven Trial Terms of the So

preme Court, to be known respectively as Trial Part 7, Part 8, Part 9, Part 10 and Part 11. Parts Term Part 1, Part 2, Part 3, Part 4, Part 5, Part 6, 2 to 11 (inclusive) shall commence on the first Monday of January, February, March, April, May, June, October, November and December, and the shall continue to and including the fourth Friday third Monday of September, in each year, and of the term. Except that where a justice assigned to hold any of such Trial Terms is also assigned to appellate duty upon the fourth Monday of the same month, the Trial Term held by such justice shall continue until the Friday preceding such fourth Monday. The court shall open at halfpast ten A. M. on each day, except Saturdays, Sundays and legal holidays. Part 1 of the Trial Term shall be designated as the Criminal Term of the court for the trial of indictments, and shall be held in the Criminal Court House, in the city of New York. Trial Term, Part 2, shall be known as the Trial Term for the trial of preferred causes. In case, however, this Term of the court shall be unable to dispose of all the preferred causes, the justice holding that term may send causes from his calendar to the other Trial Term parts for trial. Parts 3, 4, 5, 6, 7, 8, 9, 10 and 11 shall try and dispose of cases on the general calendar.

the Trial Term shall have charge of the general and The special deputy clerk assigned to Part 2 of preferred calendars hereinbefore provided for; and there shall be two assistant clerks to Part 2 of the Trial Term, who shall in turn, as directed by such

special deputy clerk, attend the sitting of that part, and who shall assist the clerk thereof in preparing

the calendar. The calendar clerk shall each week make up a calendar of causes from the general calendar for trial at the Trial Terms, which calendar

[ocr errors]

triel

will be published at least two days before the same is called. This calendar will be called by the justice of the court assigned to the Special Term for the transaction of ex parte business, on Friday of each week, at two o'clock P. M., unless another day is specially fixed by him to call such calendar. Causes on such calendar may be set down for trial on any day in the week following. Whenever it shall be necessary to call more than two hundred and fifty cases on any Friday, the clerk shall divide the calendar into two parts. The first part shall be called at two o'clock P. M., and the second shall be called at three o'clock P. M. In case it should apEndri pear upon the call of the calendar on Friday that

The

[merged small][ocr errors][merged small][ocr errors][merged small]

the number of cases set down for trial on the following week will not be sufficient to occupy the available time of all the Trial Terms of the court, the Justice of the Supreme Court assigned to the Special Term for the hearing of ex parte business shall order a calendar of cases from the general calendar, to be made up and to be called upon Wednesday morning at ten o'clock. Upon the call of such calendar cases may be set down for any day of the week in which the calendar is so called, or for the succeeding week.

When a case thus set down upon any Friday or Wednesday for trial appears upon the day calendar, it must be tried or go to the foot of the general

calendar, unless it appear by affidavit to the satisfaction of the Court calling the day calendar that in consequence of the happening of an event since the cause was so set down for trial, the trial can

not, with justice to one of the parties, proceed. The Court may then by order set the case down for trial on another day in the same week, or place the case on the Friday calendar. In a case upon the day calendar for trial, where it shall appear to the Court by affidavit that counsel who is to try the case is to argue a cause upon the day calendar of the Supreme Court of the United States, or upon the day calendar of the Court of Appeals of the State of New York, or upon the day calendar of any Appellate Division of the Supreme Court, or is actually engaged in the trial of a case in a Court of Record in the city of New York or in the city of Brooklyn, the case shall be passed for the day, or until such argument or trial is concluded, unless the trial in which counsel is engaged is a protracted one. In no other event shall a case upon the day calendar be passed for the day.

Rule VI.

pear by affidavit that the trial of the action will not occupy over two hours, either party may apply to Part 2 of the Trial Term for an order placing the case upon the preferred calendar. Upon such application the Court may by order, if satisfied that the trial of the action will not occupy more than two hours, and if no good reason is shown why the same should not be promptly tried, place the case upon the preferred calendar and dispose of the same in its regular order thereon. If the trial shall occupy more than two hours, it shall go to the foot of the general calendar, unless for good cause the Court shall otherwise order.

In an action for goods sold and delivered or in an action brought to recover upon a promissory note, check, bill of exchange, bond, policy of life insurance, lease, undertaking or other instrument for the payment of money only where it shall ap

Rule VII.

The clerk shall make up a day calendar for each day of the term of the cases set down for trial upon such day. This calendar shall be divided into two equal parts. The first part shall be called in Trial Term, Part 3, and the second part shall be called in

Trial Term, Part 7, and shall remain thereon from

day to day until the cases upon such day calendars are tried or otherwise disposed of. Cases upon the day calendar called in Part 3 shall be tried in Parts 3, 4, 5 and 6; and cases upon the day calendar in Part 7 shall be tried in Parts 7, 8, 9, 10 and 11 Such cases shall be so tried in the parts in which they are called (or to which they shall be sent for

trial by the justices presiding in Parts 3 and 7) in the order in which they appear upon the respective No application to postpone the day calendars. trial shall in any case be entertained after a case shall be sent to a part for trial.

When, however, the cases upon the day calendar called in either Part 3 or Part 7 shall be disposed of, cases upon the day calendar of the part remaining undisposed of may be sent to any part of the Court not actually engaged in the trial of a case.

Rule VIII.

No case shall be tried in any of the Trial Terms except such cases as shall be upon the day calendars of Parts 2, 3 and 7, and the cases upon such day calendars shall be tried only in those parts or in the parts to which they may be sent for trial by the Justices presiding in such Parts 2, 3 and 7, as herein before provided.

RULES FOR THE REGULATION OF THE SPECIAL TERM OF THE SUPREME COURT IN THE FIRST JUDICIAL DISTRICT AND ESTABLISHING THE CALENDAR PRACTICE THEREIN.

Rule I.

There shall be a Special Term of the Supreme Court for the hearing of litigated motions to commence on the first Monday of each month and to continue until the last Friday preceding the first Monday of the succeeding month, which term shall

[graphic]

be held every day, except Saturdays, Sunday and legal holidays. The court shall open at eleven o'clock in the morning, and shall continue until all business before the Court has been disposed of. This Special Term shall be known as Special Term,

Part. 1.

Rule II.

Motions may be noticed for any day during the term. The clerk will make up a calendar for each day. Notes of the issue must be filed with the clerk two days before the day on which a motion is noticed to be heard, except where an order to show cause is granted, when the clerk will place the motion upon the calendar at any time before the day for hearing, upon the exhibition to him of the order to show cause and the filing of a note of issue. This calendar will be called at the opening of the Court and no motion will be heard that is not upon

the calendar.

Rule III.

In all actions or proceedings in which the accounts of an assignee for the benefit of creditors or of a receiver appointed in an action for the dissolution of a corporation are presented for settlement or to be passed upon by the Court, a notice, or a copy of an advertisement, requiring the creditors to present their claims to a referee, must be mailed to each creditor whose name appears on the book of the assignor or corporation, with the postage thereon prepaid, at least twenty days before the day specified in such notice or advertisement. Proofs of such mailing shall be required on the application for a final decree passing the accounts of the assignee or receiver, unless proof is furnished that personal service of such notice or copy of advertisement has been made upon the creditor.

Rule IV.

There shall be a Special Term of the Supreme Court for the transaction of ex parte business, to be held on the first Monday of each month and to continue to and including the Saturday prior to the first Monday of the following month. The Court shall open at half-past ten o'clock in the morning and shall continue in session until four o'clock in the afternoon, except Saturdays, upon which day the Court may be adjourned at twelve o'clock noon, and shall be open every day of the year except Sundays and legal holidays. This Special Term shall be known as Special Term, Part 2.

Rule V.

Application for all court orders, ex parte or by consent, or where notice is not required or has been waived, must be made to the Special Term of the court for the transaction of ex parte business. Any ex parte Court order granted by any Justice of the Court other than the one assigned to hold the term of the court for the transaction of ex parte business

shall not be entered by the clerk. All applications for judgment in actions where the defendant has failed to appear, or has waived notice of motion for judgment or has consented thereto, except in ac tions for divorce, shall be made to the Special Term of the Court for the transaction of ex parte business, and shall not be made to any other Court of Justice. All orders for the examination of parties or witnesses in supplementary proceedings, or to perpetuate testimony, or for the examination of parties before trial, or for the examination of witnesses under letters rogatory, or foreign commissions, or in aid of an attachment, or for any other purpose, or in any proceeding, shall be made returnable before the justice assigned to hold the Special Term for the transaction of ex parte business, unless made returnable before a referee or commissioner under express statutory authority; and all writs of habeas corpus or other writs that are required by law to be returnable at a Special Term of the Supreme Court, or before a Justice thereof, must be made returnable at the said Special Term, or before a Justice assigned to hold the same. Any writ or order before mentioned returnable elsewhere shall, upon its return, be transferred to the Special Term for the transaction of ex parte business for hearing and decision. If not so transferred, the writ or order shall be disregarded. In actions for absolute divorce or to annul a marriage, where no answer is interposed, ref erences to take proof will not be granted. In such a case the application for judgment must be made at the Special Term, Part 3 and the case placed upon the preferred calendar as hereinafter provided.

Proceedings under section 511 of the Consolidation act, and all other proceedings authorized by title 5 of said act to be had before a Justice holding the Chamber of the Court, must be heard in the Special Term for the transaction of ex parte business.

If a jury is demanded, the Justice holding such term may continue such proceedings before the Justice holding one of the Trial Terms, where a jury shall be forthwith empaneled and the question determined and the proceeding finally disposed of as required by said act. In case neither of the Trial Terms are in session, the Justice assigned to the said Special Term for the transaction of ex parte business may empanel a jury and dispose of the proceeding as required by the said act.

[ocr errors]

The following regulations will apply to all the insolvent assignments for the benefit of creditors and applications to the court thereunder:

Subdivision 1. Duties of the Clerk.-The clerk, in addition to the books now kept by him, shall provide a register and docket.

« ΠροηγούμενηΣυνέχεια »