within the limits of their respective counties, to perform all the duties conferred on courts of bankruptcy, which Referees may be required. or authorized to perform; except as otherwise provided by General Order in Bankruptcy, No. 12.

Rule 11. The Clerk shall deliver to the referee a copy of the order of reference, or transmit the same by mail to the referees having their offices outside of the city of Los Angeles, and thereafter all proceedings, except such as are required by the bankruptcy act, to be had before the judge, shall be had before the referee, who shall fix the time when and the place where he will act upon the matters arising in the

case.

Rule 12. The petition for a discharge, or for a confirmation of a composition, must be filed with the Clerk of the court. There must also be presented therewith a report or certificate of the referee, to whom said case shall have been referred, that the bankrupt has in all things conformed to the requirements of the act, and that he has committed none of the offenses and done none of the things prohibited in b of section 14, of the act, and that he is, in the opinion of the referee, entitled to his discharge.

Rule 13. The order to show cause why a discharge should not be granted may be entered by the Clerk, or his deputy, and notice, stating the time and place of the hearing, must be given, as provided in section 58, of the act, as amended June 25, 1910, to all known creditors and other persons in interest, by mail, and publication once, at least thirty (30) days prior to said hearing. If no creditor or other party in interest appears and opposes, the discharge shall be granted. In case a creditor or other party in interest desires to oppose the granting of the discharge, he shall appear on the return day, and thereafter file a verified specification of the ground of his opposition, as provided in General Order 32.

ADMIRALTY.

Notice of Seizures and of Time and Place of Hearing.-The notice of seizures and of the time and place appointed for trial, and of the time assigned for the return of the process and hearing of the cause, required by section 923, R. S., and by Admiralty Rule 9, shall be published three times in some daily or weekly newspaper of general circulation in the city in which said trial or hearing will be had, and the first publication thereof shall be made not less than fourteen days before the day assigned for such trial or hearing, and said notice shall also be posted in a public manner at or near the place of trial or hearing, at least fourteen days prior to the time thereof.

RULES SUPREME COURT AND DISTRICT COURTS OF APPEAL CALIFORNIA.

(Adopted January 16, 1912. In effect March 18, 1912.)

Rule 1. Admission of Attorneys.-1. Applicants for license to practice as attorneys and counselors will be examined in open Court, by the Court authorized by law to act in that behalf, and at such regular times as such Court shall fix. Until further order the examination will be based upon the following books: Blackstone's "Commentaries," Kent's "Commentaries," Greenleaf's "Evidence" (first volume). Story's "Equity Jurisprudence," Gould's "Pleading," Lube's "Equity Pleading," Parsons on "Contracts." Pomeroy's "Introduction to Municipal Law," Code of Civil Procedure, Civil Code, Constitutions of the United States and of the State of California. Persons applying for admission, whether upon examination or motion, must personally appear in Court at the time the application for admission. is made. No applicant will be examined unless there shall have been filed with the Clerk of the Court, before the day on which the application is made, a certificate signed by at least two attorneys of the Court, each of whom shall have been regularly engaged in practice as such attorney for at least four years next theretofore, stating, in substance, that they have, and that each of them has, carefully and diligently examined the applicant touching the qualifications of such applicant in point of learning in the law; that it satisfactorily appeared to them, and to each of them, upon such examination, that the applicant had been engaged in the study of the law for a period of time to be named in the certificate, naming the place at which, and the person under whom, if any, such study had been prosecuted; that the applicant had, during that time, read certain books of law, which books shall be enumerated in the certificate; and stating any other fact tending to show the character of the attainments of the applicant, and also stating that, in their opinion, the applicant possesses the requisite qualifications in point of learning in the law to be entitled to be admitted to practice.

2. Fee. The fee for license must in all cases be deposited with the Clerk of such Court before the application is made, to be returned to the applicant in case of rejection.

3. Rejection.-Applicants must apply for examination to the District Court of Appeal of the Appellate District in which they reside. Provided, that a person may make application and be examined and admitted in another Appellate District upon filing with his application a written statement showing good cause therefor, satisfactory to the Court to which he applies, accompanied by the written consent of the Presiding Justice of the Appellate District in which he resides. No person rejected shall be at liberty to renew his application in any Court earlier than six months after such rejection.

Rule 2. Transcript.-1. The appellant in a civil action shall within forty days after an appeal is perfected, except as hereinafter stated,

serve and file the transcript of the record, duly certified to be correct. by the attorneys of the respective parties, or by the Clerk of the Court from which the appeal is taken. If a proceeding is pending for the settlement of a bill of exceptions or statement which may be used in support of such appeal, the time aforesaid shall not begin to run until the settled and authenticated statement or a bill of exceptions has been filed. When a party appealing from a judgment has given notice of motion for a new trial before perfecting said appeal, the time aforesaid shall not begin to run until the motion for a new trial has been decided, or the proceeding therefor dismissed. If the transcript for use on appeal is prepared under the provisions of section 953a of the Code of Civil Procedure and a notice is filed by the appellant requesting a transcript of the phonographic report, the time for filing the transcript of the record on appeal shall not begin to run until such phonographic report is approved and certified by the judge or until the proceeding to obtain the same has been terminated in the Court below by dismissal or otherwise. An appeal from a judgment and from any order denying a new trial of the issue may in all cases be presented in the same transcript.

2. Evidence of Service.-Written evidence of the service upon the adverse party of the transcript shall be filed therewith.

3. Extension of Time.-The time above limited may be extended by order, based on stipulation or affidavit, showing good cause therefor.

4. Briefs. Thirty days after the filing of the transcript, the appellant shall file with the Clerk his printed points and authorities, with proof of the service of one copy thereof upon the attorney or attorneys of each respondent who shall have appeared separately in the Superior Court. Within thirty days after the service of appellant's points and authorities, the respondent shall serve and file his printed points and authorities; and within ten days after service of respondent's points the appellant may serve and file a reply.

In criminal cases the appellant shall file his points and authorities (with proof of service of a copy thereof on the Attorney General) within ten days after the filing of the transcript. The Attorney General shall serve and file his points and authorities within ten days. after service upon him of the appellant's points, and within five days. thereafter the appellant may serve and file a reply. Such points and authorities may be either printed or typewritten.

5. Ertension of Time on Briefs.-The time above limited for filing points and authorities shall not be extended except by order of the Court upon stipulation of the parties, or an affidavit showing good cause therefor. No brief shall be filed after oral argument except by special order.

6. Twenty-one Copies of Transcript and Points to be Filed.-The party wishing to file any printed paper shall prepare the original and twenty copies thereof. If such paper is to be filed in the District Court of Appeal, the original and three copies shall be filed therein, and the remaining seventeen copies shall be simultaneously delivered

to the Clerk of the Supreme Court. If it is to be filed in the Supreme Court, the original must be accompanied by the twenty copies, unless it is an application to the Supreme Court for the hearing of a cause decided by the District Court of Appeal, in which case the party shall deliver to the Clerk of said District Court one copy for each Justice of said Court and file the original and seventeen copies in the Supreme Court. Papers not required to be printed are subject to these provisions if they are, in fact, printed. If not printed, they must be in typewriting, and (except as provided in the next succeeding paragraph) three copies must be filed with the original. A carbon copy must not be used for the original.

In civil cases appealed under the provisions of sections 953a, 953b and 953c of the Code of Civil Procedure, and in criminal cases appealed under the provisions of sections 1246, 1247, 1247a and 1247b of the Penal Code, the record upon appeal shall be prepared and transmitted to the Court to which the appeal is taken, in accordance with said sections; and no further copies of such record shall be required.

When such appeal is taken to the Supreme Court, or has been transferred thereto from a District Court of Appeal, the record shall be kept in the San Francisco office of the Clerk of the Supreme Court.

7. Disposition of Papers.-Copies of all printed papers, points and briefs filed in any matter appealed, must be deposited with the Clerk of the Court from which the appeal is taken; and the copies so deposited shall, by said Clerk, be delivered to the Judge who presided at the trial of the cause in the lower court.

8. Orders Extending Time.-The Chief Justice is authorized in the name of the Supreme Court to make orders in conformity to the stipulation of the parties, extending time for filing records and briefs; and in other matters of mere routine pending in the Supreme Court. order indorsed on the stipulation in the following form is sufficient: "So ordered by the Court. ....C. J."

An

It is desirable that all stipulations should be expressed in terms as brief as may be consistent with clarity.

The Chief Justice is also authorized in the name of the Court to make orders in State causes extending time to file briefs on application of the Attorney General.

The presiding justices of the three District Courts of Appeal shall have similar authority as to causes pending in their respective courts. Rule 3. Indorsement on Transcript.-There must be indorsed upon the cover of the printed transcript the name of the county from which the appeal is taken, and also the name of the Judge of the Superior Court whose decision is presented for review and the names and addresses of the attorneys representing the parties to the appeal. Rule 4. Calendar for Oral Argument.-Thirty days before the commencement of a regular session the Clerk shall, unless otherwise ordered by the Court, place on the calendar for oral argument all cases which have been continued for such argument, and also, in the order

in which the transcripts were filed, all cases in which points and authorities are on file, and also all motions and original proceedings. pending and not under submission. Cases in certiorari shall, after the record is brought up by the return, be subject to the same rules with respect to argument and submission as cases on appeal.

Rule 5. Dismissal of Appeal.-1. If the transcript of the record or appellant's points and authorities be not filed within the time prescribed, the appeal may be dismissed on motion, upon notice given. If the transcript, or the points and authorities, though not filed within the time prescribed, be on file at the time such notice is given, that fact shall be sufficient answer to the motion. If the respondent shall not file his points and authorities within the time allowed therefor, the cause may be submitted for decision upon the motion of the appellant, on notice thereof to the respondent.

2. If an appeal is attempted to be taken after the time limited by law, and papers are filed, either in the trial Court or in an Appellate Court, in pursuance of such attempt, such purported appeal may be dismissed on motion of respondent, supported by certificate of affidavits, or both, as provided in Rule 6.

Rule 6. Certificate of Clerk on Motion to Dismiss.-1. On motion to dismiss an appeal for a failure to file the transcript within the prescribed time, there shall be presented the certificate of the Clerk below, under the seal of the Court, certifying the amount or character of the judgment or order appealed from, the date of its rendition, the fact and date of the filing of the notice of appeal, together with the fact and date of service thereof on the adverse party, and the character of the evidence by which said service appears; the fact and date of filing an undertaking on appeal and that the same is in due form; the fact and time of the settlement of the bill of exceptions, or statement on appeal or reporter's transcript prepared under section 953a of the Code of Civil Procedure, if there be any the names of the attorneys of the respective parties; and also that the appellant has received. a duly certified transcript, or that he has not requested the clerk to certify to a correct transcript of the record, or, if he has made such a request, that he has not paid the fees therefor, if the same have been demanded.

2. Affidavits. On motion to dismiss the appeal on any other ground than the failure to file transcript within the prescribed time, the moving papers shall consist of the certificate of the Clerk of the Court below, as to any of the matters above mentioned, or of affidavits, or both such certificate and affidavits.

3. Service of Moving Papers.-Copies of the moving papers, except the transcript, shall be served with notice of the motion.

Rule 7. Form of Transcript.-1. All transcripts of record, except in criminal cases and civil cases coming under the provisions of section 953a of the Code of Civil Procedure shall be printed on unruled white writing paper, ten inches long by seven inches wide, with a margin