41.

MISCELLANEOUS.

When a cause in equity shall be entered "Settled by the parties," the clerk will not be required to record the pleadings and the interlocutory orders, if any shall have been made; and whenever any unanswered bill shall be, on motion of the complainant or by consent of the parties, dismissed without costs and without prejudice, only the final decree need be recorded; Provided, however, that either party may have the case recorded in full upon payment therefor.

42. In all cases where the rules above prescribed and the statutes of this State do not apply, the practice of this court in equity cases shall be guided by the ordinary practice and usages of chancery courts, so far as applicable.

INSOLVENCY.

For rules relating to insolvency petitions see 19 and 20 R. I. Reports.

RULES IN DIVORCE.

1. Petitions for divorce shall be addressed to the Appellate Division of the Supreme Court to be holden at Providence, within the county of Providence, on the first Monday in October, February, and June; at Newport, within the county of Newport, on the third Monday in September and the second Monday in May; at South Kingstown, within the county of Washington, on the second Monday in November and the second Monday in April.

2. On all petitions for divorce, the adverse party, if his or her residence be known, shall be notified by citation and served with a copy of the petition three weeks at least before the return-day of the citation.

3. Whenever the adverse party to a petition for divorce shall be or reside without this State, the petitioner shall annex to the petition an affidavit, in which it shall be stated

where the adverse party resides or where he was last heard from by the petitioner, and all the information and belief of the petitioner as to the place at which the adverse party may be found at the time of the filing of such petition, or that the petitioner has no information or belief as to the residence of the adverse party or where he may be found, if such shall be the fact, in which event the petitioner shall also state when and where the adverse party was last heard from and the efforts which the petitioner has made to ascertain the place of residence of such party.

4. The clerk with whom such petition and affidavit shall be filed, if the residence of the adverse party is disclosed in said affidavit, shall issue a citation to such adverse party, which citation shall be accompanied by a certified copy of the petition and the citation shall be directed for service to any disinterested person and shall be served by delivering the said copy of the said petition in hand to the said adverse party, whenever he may be without this State, and by reading the said citation in his presence and hearing, or by leaving the said certified copy of the said petition with a copy of said citation for such adverse party at his usual place of abode without this State, which service in either case shall be made at least three weeks before the return-day of such citation; and said disinterested person shall return said citation, having made oath thereon of the place where, the time when, and the manner in which he shall have made service of the said citation.

If the affidavit annexed to any such petition shall disclose that the petitioner has no knowledge, information, or belief as to the residence of the adverse party, the clerk of the court with whom such petition shall be filed shall notify such adverse party of the pendency of the said petition, and that he may appear and answer the same, by publishing a notice thereof for six successive weeks before the return-day named in the citation issued on such petition in some newspaper published in the county where such petition shall be pending and by sending a citation, with a copy of the petition, post

paid, through the mail, directed to the adverse party at the place where the affidavit discloses that he was last heard from, if he was last heard from by the petitioner without this State.

5. In cases where no personal service has been made, the petition shall be continued for at least three months, provided that the respondent may come in and enter an appearance within that time; and, on reasonable notice to the petitioner, the case may be set down for hearing.

6. From time to time during the session the court will fix a date for hearing the docket of uncontested petitions for divorce. No uncontested petition will be heard before the docket has been taken up for hearing, nor at any time except while the docket is in order.

7. All decrees for divorce shall specify the cause or causes of divorce upon which the petition is granted.

RELATIVE TO WITHDRAWAL OF ATTORNEYS.

(Adopted February 5, 1901.)

No attorney appearing for a defendant in a criminal case shall be allowed to withdraw without the consent of the court; and no attorney of record in a civil case shall be allowed to withdraw therefrom while the case stands assigned for trial without seasonable notice to the party whom he represents of intention to withdraw therefrom, and the consent of the court.

For other orders of the court, see page V.

APPENDIX.

RULES

OF

STATE BOARD OF BAR EXAMINERS.

1.

Examinations will be held in the city of Providence during the month of September in each year, and at such other times as may appear necessary or expedient.

2. After an examination, the secretary of the board will notify each applicant of the result of his examination, and will inform those possessing the requirements necessary for admission of the time when the board will recommend their admission to the court.

3. The board deem it proper to make some statement of their views of the "qualifications and attainments" that should be possessed by a student under the provisions of section 4 of the rules of court relative to admission to the bar, to the end that those applying for admission may be aided in preparing therefor.

The examiners will require an applicant to show them that he is qualified, in addition to the requirements of the rules of court, to advise his clients intelligently, to manage their causes properly, and to conduct himself creditably in the honorable office of an attorney.

The examiners will require that applicants hereafter registered should have received an education, prior to commencing the study of the law, that would fulfill the requirements for graduation from the high school of any of the cities of the State.

In deciding upon the qualifications of an applicant the examiners will give weight to the knowledge and use of the English language as employed by the applicant, and to the grammar, construction, and composition of the written papers submitted. The applicant must be prepared to be examined not only upon the general principles of the common law, but upon the statute law of the State, and upon the principles of the constitutions of the State and United States.

The examinations will cover generally the subjects of contracts, torts, criminal law, pleading, real property, sales, agency, bills and notes, evidence, equity jurisprudence and pleading, corporations (public and private), damages, probate law and practice, domestic relations, partnership, trusts, carriers, constitutional law, and bankruptcy.

4. The examinations will cover the period of three days.

5. Proof that an applicant is a graduate of an approved college or law school will be the production of the diploma under the seal of the institution.

6. Proof that an applicant has studied the required time. in an office of an attorney will be the affidavit of the attorney to such effect.

7. Proof that an applicant has been admitted to the bar of some one of the United States will be the production of his license, or the certificate of the clerk of the highest court in such State, and the certificate of the chief justice of such State, of his good moral character.

8. The time of study in a law school, when an applicant has not graduated therefrom, will be proved by the certificate of the dean or secretary of such school to such effect.

9. The board will recognize the following law schools.