RULES AND REGULATIONS

Established by Judges of the Court of Appeals in relation to the admission of Attorneys, Solicitors and Counselors in the Courts of this state, under the provisions of chapter 486. laws of 1871.

RULES AND REGULATIONS.

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.

1.

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 admis sion 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 attorneys, 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 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 may be made, by his own affidavit of the facts.

2. That he is a person of good moral charac

ter, 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;

he 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 person applying for admission, whose period of clerkship shall expire during the term at which the application shall be made, will be admitted to examination at the customary day of the same term.

VII.

Any portion of time, not exceeding one year, actually spent in regular attendance upon the law lectures in the University of New York, Cambridge University, or the law school connected with Yale College, or a law school connected with any college or university of this State, having a department 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.

VIII.

Persons who have been admitted and have practiced three years as attorneys in the highest court of law in another State, may be admitted, without examination, to practice as attorneys, solicitors and counselors in the courts of this State. But such persons must have become residents of this State before applying