RULE NINETEEN.

EACH COUNSEL LIMITED TO TWO HOURS.

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

RULE TWENTY.

PREFERRED CAUSES.

According to existing laws, causes which are preferred take their preference in the following order:

1. Criminal actions;

2. Cases of probate, in which the appeal prevents the issuing of letters testamentary, or of general administration ;

3. Appeals in which the sole plaintiffs or defendants are executors or administrators;

4. All other preferred cases;

5. Appeals from orders entitled to be heard as motions, pursuant to subdivision four (4) of section eleven (11) of the Code of Procedure, and such appeals shall be entitled to preference as to each other, when two or more are moved at the same time, in their order on the calendar, but will be heard as preferred cases only on motion days.

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 preference, so as to show to which of the above classes the case belongs, and in appeals from orders, the general character of the order appealed from.

In making up the calendar, the clerk will place the preferred causes at the head, in the order above prescribed. A preferred cause being once passed without reservation, will take its place on subsequent calendars without preference.

The following amendment to the rules was handed down and ordered to be published, viz:

Ordered, That appeals and writs of error in criminal cases, brought after making up the annual calendar, or too late to be placed on such calendar, may be put upon the calendar at any time, and brought on for a hearing as preferred causes, upon a notice of fourteen 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 causes shall be ordered by the court, or stipulated by the parties to be heard.

Appeals and writs of error in criminal cases, brought during the current year, may be put on the present calendar under this rule.

As amended Oct. 28, 1870.

a. Subdivision 1.—See Barron v. Peo- | the construction of this law, 32 N. Y. (5 ple, 1 Barb. 136.

b. Subdivisions 2 and 3.-Actions in which executors and administrators are sole plaintiffs or sole defendants, and in which the appeal prevents the issuing of letters testamentary, or of general administration, shall have a preference in the court of appeals, and in the supreme court, at the general term thereof, over all actions, except in criminal cases and in cases in which the people are a party, and may be moved out of their order on the calendar, upon notice of intent to do so. Laws of 1865, ch. 218. And see, as to

Tiff.), 604. And see Laws of 1860, ch. 167.

Actions in which executors and administrators are sole plaintiffs or sole defendants, and actions for the construction of, or adjudication upon a will, in which the administrators with such will annexed, or the executors of such will are joined as plaintiffs or defendants with other parties, shall have a preference in the court of appeals and in supreme court at the general, special and circuit terms thereof over all actions except in criminal cases, and may be moved out of their order accordingly. Laws of 1870, ch. 49.

c. Subdivision 4.-This subdivision applies:

(1) To appeals in civil actions in which the people are a party. Laws of 1850, ch. 128. Where the attorney for the people has given notice of the day in which he intends to move the cause. Laws of 1858, ch. 37.

(2) Actions for adjudications upon a will in which other parties are joined with the representatives. Laws of 1870, ch. 49.

(3) Actions by a receiver of a banking association or corporation, or against such receiver or association or corporation, upon any debt or liability of such corporation or association. Laws of 1849, ch. 226, §§ 1, 32. (4) Appeals in which the people, or any State officer or board of State officers, are either sole plaintiff or sole defendant. Code, § 13.

(5) Actions in which one or two or more plaintiffs or defendants have died pending the

|

action, and the pendency of the action prevents a final settlement of the estate of the deceased party. Code, § 13.

(6) Actions against a domestic corporation upon a note or other evidence of debt, for the absolute payment of money on demand or at any particular time. 2 R. S. 458, 459, §§ 8, 11; Brainerd v. New York and Harlem Railroad Co. 23 How. 491. But not upon a policy of insurance. Anonymous, 6 Cow. 41. (7) Actions for dower in certain cases. Laws of 1869, ch. 433, § 5.

(8) Actions in which the Metropolitan Board of Health is a party. Laws of 1867, ch. 700, § 3.

(9) Appeals from judgments on certiorari, in summary proceedings to recover lands. Laws of 1868, ch. 828, § 5.

d. Subdivision 5.-See note to Rule 8, ante.

RULE TWENTY-ONE.

RELATIVE TO DEFAULTS.

Judgments of reversal by default, will not be allowed. When a cause is called in its order on the calendar, it must be either argued, submitted or passed. If the appellant fail to appear and furnish the court with the papers required, and argue or submit his case, 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 case, and it will be deter mined upon the papers submitted by him. If both parties appear, either or both may be heard orally, or submit the case on printed briefs.

a. This rule was not intended to impose upon the judges of this court the duty of acting as counsel for the party who does not appear to prosecute or defend, but to save to parties acting in good faith a further opportunity to present a printed brief, and save the court the loss of time formerly consumed in hearing motions to open defaults. Maher v. Carman, 38 N. Y. (11 Tiff.), 25; S. C. 5 Trans. App. 25.

b. Where the appellant fails to appear when his cause is reached, or afterwards to submit points in accordance with this rule, the judgment below should be affirmed, of course. Kelly v. McCormick, 28 N. Y. (1 Tiff.), 318; Smith v. Martin, 3 Keyes, 373; S. C. 1 Trans. App. 25.

RULE TWENTY-TWO.

PROOF OF SERVICE OF NOTICE OF ARGUMENT TO BE FILED WITH CLERK.

In all cases where the notice of argument is filed with the clerk of this court, there shall be filed with the same, due proof or admission of the service of notice of argument upon the adverse party; and the clerk is directed not to enter on the calendar any cause in which proof of the ser vice of said notice is not filed with him.

RULE TWENTY-THREE.

NOTICE OF ARGUMENT, WHEN TO BE FILED WITH CLERK.

Either party may bring on the argument, on a notice to be served on the opposite party; a copy of which notice, specifying the judicial district in which the cause originated, shall be filed with the clerk of this court, at least fifteen days before the commencement of the term for which the case is noticed; which notice, except in criminal cases, shall be for the first day of the term.

CALENDAR PRACTICE-COURT OF APPEALS.

ESTABLISHED JULY 6, 1870.

No reservation will be made of any of the first ten causes, unless on account of sickness, or an engagement elsewere 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 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 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 on 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.

CALENDAR FOR 1871.

On the first Monday of January, 1871, the clerk shall make up, and cause to be printed, a calendar for the year 1871, upon which shall be placed only such causes as have been noticed by either party, and are upon the present calendar, and such causes as shall be noticed for hearing, and argument by notice served on the opposite party; a copy of which notice shall be filed with the clerk on or before the 15th day of December next, with proof or admission of service on the adverse party.

The copy notice so filed with the clerk shall specify the judicial district in which the cause originated.

Causes on the present calendar, noticed only by one of the parties, may be noticed by the other party, and the fact noticed on the new calendar.

Causes entitled to a preference will be permitted to be placed upon the calendar, at such stated times, during the year, as the court shall from time to time by general order direct, and no other causes will be permitted to be placed on the calendar without the direction of the court.

ADMISSION OF ATTORNEYS.

The former rules of the supreme court, so far as they relate to the admission of attorneys to practice in the courts of this State, have been superseded or modified by the rules of the court of appeals. The authority of that court to regulate the admission of attorneys is contained in the following act, entitled

"AN ACT in relation to the qualifications of persons to be admitted to practice in the courts of this State as attorneys, solicitors and counselors," passed April 13, 1871:

The people of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. It shall be the duty of the judges of the court of appeals, or a majority of them, within twenty days after the passage of this act, to establish such rules and regulations as they may deem proper, in relation to the admission of persons hereafter applying

to be admitted as attorneys, solicitors and counselors, in all the courts of this State, a copy of which said rules, within five days after the adoption thereof, shall be filed in the office of the Secretary of State, and shall be published by him in the session laws of eighteen hundred and seventy-one; and he shall transmit a printed copy of such rules to the clerk of each of the counties of this State, and also to the chief justice of each of the general terms in this State.

§ 2. The rules established as above provided shall not be changed or amended, except by a majority of the judges of the court of appeals. §3. Every male citizen of the age of twenty-one years, hereafter applying to be admitted to practice as attorney, solicitor or counselor, in the courts of record of this State, shall be examined by the justices of

the supreme court, or a committee appointed by said court, at a general term thereof, and if such persons so applying shall be found to have complied with such rules and regulations as may be prescribed by the court of appeals, and shall be approved by said justices of the supreme court, for his good character and learning, the court shall direct an order to be entered by the clerk thereof, stating that such person has been so examined, and found to possess the requisite qualifications required by the constitution and the rules established by the court of appeals, and thereupon such person shall be entitled to practice as an attorney, solicitor and counselor, in all the courts of record of this State, until he shall be suspended from such practice for cause, as provided in sections eighty-one,

eighty-two and eighty-three of part one, chapter five, title four, of the revised statutes, entitled "of judicial officers." Nothing in this act contained shall be taken or construed to affect the provision of chapter two hundred and sixty-seven of the laws of eighteen hundred and fifty-nine, or chapter two hundred and two of the laws of eighteen hundred and sixty.

§4. This act shall take effect immediately Laws of 1871, ch. 486.

In pursuance of the provisions of the act above given, the court of appeals ordained and established the following rules and reguiations in relation to the admission of persons hereafter applying to be admitted as attorneys, solicitors and counselors in the courts of this State:

RULES OF THE COURT OF APPEALS FOR THE ADMISSION OF ATTORNEYS, SOLICITORS AND COUNSELORS TO THE COURTS OF NEW YORK.

STATE OF NEW YORK, 88.:

The judges of the Court of Appeals, pursuant to the provisions of chapter 486 of the laws of 1871, ordain and establish the following rules and regulations in relation to the admission of persons hereafter applying to be admitted as attorneys, solicitors and counselors in the courts of this State:

I.

No person shall be permitted to practice as an attorney, solicitor or counselor in any court of record in this State, without a regular admission and license by the Supreme Court at a general term thereof. To obtain such admission and license, except in cases otherwise provided for by said act, the person applying must be examined under the direction of the court. The time for the examination of persons applying to be admitted as attor neys, solicitors and counselors, shall be Thursday of the first week of each general term in the several departments; and the time for taking the oath of office shall be on such day thereafter as the court may direct.

The examinations shall in all cases be public, and unless conducted by the judges of the court, shall be by not less than three practicing lawyers of at least seven years standing at the bar, to be appointed by the court.

II.

To entitle an applicant to an examination he must prove to the court: 1. That he is a citizen of the United States, and that he is twenty-one years of age, and a resident of the department within which the applica tion 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 may be by his own affidavit of the facts;

2. That he is a person of good moral character, by the certificate of the attorneys with whom he has passed his clerkship, but which certificate shall not be deemed conclusive evidence, and the court must be satisfied on this point after a full examination and inquiry;

3. That he has served the clerkship or pursued the substituted course of study prescribed by the rules, as requisite to an examination. The

clerkship may be proved by the certificate of the attorneys with whom the same was served, or, in case of their death or removal from the State, by such other evidence as shall be satisfactory to the court.

The proof of any time of study allowed as a substitute for any part of the clerkship required by these rules, shall be by the certificate of the teacher or president of the faculty, under whose instructions the person has studied, together with the affidavit of the applicant; the proof must be satisfactory to the presiding judge of the court, who alone shall make the order allowing a deduction from the regular term of clerkship by reason of such studies.

III.

No person shall be admitted to examination as an attorney, solicitor or 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 seventeen years.

IV.

It shall be the duty of the attorney with whom the clerkship shall be commenced, to file a certificate in the office of the clerk of the Court of Appeals, certifying that the person has commenced a clerkship with him, and the clerkship shall be deemed to have commenced on the day of the filing of the certificate. A copy of the certificate, certified by the clerk of the Court of Appeals, with the date of the filing thereof, shall be produced to the court, at the time of an application for examination.

V.

When a clerkship has already commenced, or shall have commenced before these rules shall take effect, the certificate required by the preceding rule, verified by the affidavit of the attorney, stating the time of the actual commencement of such clerkship, may be filed at any time before the first day of November next.

VI.

It shall be the duty of an attorney to give to a clerk, when he shall leave his office, a certificate stating his moral character, the time of clerkship which he has passed with him, and the period which has been allowed him for vacation.

Not more than three months shall be allowed for vacations in any

year.

The term of clerkship will be computed by the calendar year, and any per on applying for admission, whose period of clerkship shall expire during the term at which the application shall be made, will be admitted to ermination at the customary day of the same term.

VII.

Any portion of time, not exceeding one year, actually spent in regular a tendance upon the law lectures in the University of New York, Camidge University, or the law school connected with Yale college, or a law school connected with any college or university of this State, having a c'epartment organized with competent professors and teachers, in which instruction in the science of law 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.