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Rules for Carrying Into Effect the Provisions of the Act of December 19, 1898, as Prescribed by Order Passed on January 9, 1899,

and as Amended by Order of July 24, 1899.

1. The board of examiners shall, at least, thereof shall be forthwith delivered to said ten days before each day' for examination, chairman, who shall keep the same in a safe hereinafter designated, prepare a list of ques- place, not allowing any person whomsoever, tions consecutively numbered and differently except as in these rules provided, to obtain arranged from the list used in any previous any information as to their contents. examination, and covering “all the topics and Immediately after the expiration of the subjects a knowledge of which is, under the time within which, relatively to a particular existing laws, requisite to admission to the examination day, applications may under the bar," and the chairman shall cause a suffi- preceding rule be presented, each judge of cient number of copies thereof to be printed the superior court shall make upon said chairin time for use as hereinafter prescribed. He man a requisition for the number of copies shall exercise the greatest possible care to of said questions which will be needed to conprevent a single copy of these questions be- duct the examinations of the persons whose ing left in the hands of the printer, whom applications shall have been presented to said he is hereby authorized to select, or from judge, and said chairman shall forward to falling into the hands of any person whom- him, by express or registered mail, securesoever, except as hereinafter provided. ly sealed, the number of copies demanded;

2. Every applicant for admission to the bar and it is hereby enjoined upon the judges to who is required to submit to an examination keep the same carefully and in such manner must present his application, and the certifi- as to absolutely prevent any inspection therecate by which the law requires the same to of. After the times prescribed in the preced. be accompanied, to the judge of the superior ing rule for examinations to take place shall court in a circuit of which the applicant is a have passed, all unused copies of said quesresident, or in which he has read law. Such tions in the hands of any judge shall be application must be presented at least ten promptly destroyed, without allowing the days before that one of the examination days same to be inspected by any person whatever. herein prescribed upon which such applicant 4. The examination. of each applicant shall desires to be examined; and he must also be begun by delivering to him a copy of the exhibit to the judge the receipt of the chair- questions and calling his attention to the oath man of the board of examiners for fifteen dol- he must take, as hereinafter prescribed. Each lars, as the law directs. The Wednesdays applicant shall then write legibly and neatly next after the second Mondays of March and with ink on white paper his answer to each December in the year 1899, and the Wed. and every question, numbering the answers nesdays next after the second Mondays of so as to correspond with the questions, and June and December of each succeeding year writing upon one side only of each sheet; are hereby designated as the times when the and, when he shall have finished, shall date examinations shall take place. The place in the paper and sign the same with a number each circuit at which the same are to be had selected by himself from a list of twenty or shall be fixed by the judge, and he shall give / more numbers which shall be handed to him to each applicant notice thereof when bis | for this purpose by the judge, who shall take application is presented. Each examination care to see that no applicant is furnished shall commence not later than nine o'clock with a list having thereon any number which a. m., and shall be concluded by the end of appears upon the list delivered to any other the day fixed therefor. No examination paper applicant. commenced on a day other than the day for Every examination must be in the presence examination, or that may be commenced on of the judge, provided that he may, while but concluded after the day for examination, temporarily absent from the room in which shall be considered by the board of examin- the same is taking place, designate a memers.

ber, or members, of the bar to preside until 3. After each list of questions provided for his return. It is hereby made incumbent upin rule 1 shall have been printed, all the copies on the several judges, and upon those for the 33 S.E.


time being acting in their stead, to have all | cially by the members of the board or any examinations conducted in strict accord with two of them. When in the opinion of said both the letter and the spirit of these rules. board an applicant has successfully passed the

5. After signing his examination paper examination, and is qualified for admission to with a number as above provided, each appli- the bar, the certificate shall be in the followcant must take and subscribe before the judge ing form: the following oath:



"It is hereby certified to the Hon. “I do solemnly swear that I never saw, until judge of the superior courts of the

cir handed to me by the judge, the list of questions cuit, that the applicant for admission to the upon which I have been examined in connection bar whose examination paper bears date with my application for admission to the bar, and is signed with the number is enti nor a copy thereof; that I had not, before my tled to be licensed to practice law in this state, examination, received any information as to the upon his taking the oath and paying the fee contents of said questions; and that I did not, prescribed by law. In witness whereof we have while

said examination was in progress, use or hereunto affixed our official signatures, the date refer to any memorandum of any kind, or re first above written. ceive, directly or indirectly from any source whatever, any suggestion, aid, or assistance in

“Chairman Board of Examiners. answering said questions, but that I wrote each and every answer exclusively from knowledge

“Member Board of Examiners. derived from a previous study of the law. I do further swear that I have not made or retained

“Member Board of Examiners." any, copy, or memorandum, of any portion of said questions. I do further swear that I have

The form of the certificate when an exammade and written the foregoing answers within ination is not satisfactory to the board shall the time prescribed by the rules.”

be the same as the above, except that the And no examination paper shall be consid- word “not” shall be inserted between the ered by the board of examiners, unless such words “is” and “entitled,” and the words folexamination paper is accompanied by the lowing the word "state" shall be omitted. foregoing affidavit.

8. The judge below, upon receiving a cer6. Each application for admission to the tificate, or certificates, from said board, shall bar, the attorneys' certificate there with pre his custody until he finds therein the number,

proceed to open the sealed envelopes left in sented, the applicant's above-mentioned oath, and a paper with his number written thereon or numbers, corresponding with that, or with shall be by him sealed in an envelope and those, appearing in such certificate, or certifileft with the judge, along with the list of cates, and shall at once place again under seal. questions handed to the applicant and his ex

all applications, etc., which he has removed amination paper, which shall be carefully

from their covers and to which such certififolded so as to conceal from view the number cate, or certificates, do not relate, pursuing thereto signed.

this course until all the applications presented The judge shall immediately destroy the to him shall have been disposed of in the follist of questions, and, without inspecting the

lowing manner: The judge shall deliver to number affixed to the examination paper,

each applicant the certificate from the board shall at once forward the same, together with of examiners referring to him by his number, the affidavit of the applicant, as prescribed in and, together with the same, all the papers rule 5, to the chairman of the board of ex

therewith connected; and whenever a certifiaminers in a securely sealed envelope, upon liver to the applicant an order in the follow

cate is affirmative in character, shall also de which shall be written the judge's official sig. nature. Said envelope must be sent by ex

ing form: press or registered mail at the applicant's ex

"At Chambers,

day of

18. pense.

“It appearing from a certificate issued by the board of examiners that

who had pre7. It shall be the duty of the board of ex

sented to me a proper application for admis, aminers to pass upon the merits of each ex- sion to the bar, is entitled to be duly licensed amination and the question of admitting each to practice law in this state, upon his taking applicant to the bar. For this purpose they the oath and paying the usual fee of five dollars,

it is ordered that upon his so doing, and upon may meet at such times and places as they his filing with clerk of the superior court of may themselves select, bearing in mind that

county, it being the county of the appliit is hereby made incumbent upon them to act cant's residence, his original application, the on each examination with reasonable prompt- the oath made in connection with his examina

certificate of attorneys accompanying the same, No applicant shall be entitled to ad- tion, and the said certificate from the board of mission to the bar unless he shall satisfacto- examiners in which said applicant is referred to

said clerk do issue to him rily answer what is equivalent in value to by the number

a license, in proper form, authorizing him to seventy (70) per cent. of the questions pro- plead and practice law in all the courts of this pounded, giving to each question, or series of state, except the supreme court. It is further questions, such value as their relative impor- filed with said clerk, and also this order and the

ordered that all the papers herein directed to be tance or difficulty may make proper. After oath as attorney which said applicant is hereby acting on each examination paper, the board required to take, be entered upon the minutes shall transmit a certificate, together with the of the superior court of said county and subaffidavit of the applicant, relating thereto, to ministered and attested by said clerk.

scribed by the applicant. Said oath shall be ad. the judge from whom such paper was received. Each certificate shall be signed offi.

"Judge Superior Court."


9. Whenever an applicant for admission to an unbound copy to every practicing attorney the bar shall deliver to the clerk of the su or person desiring admission to the bar, who perior court of the county of the former's may apply for such copy. Said board shall residence such an order as that described in from time to time contract for the printing the preceding rule, and shall comply with its and binding of additional copies as the same terms, said clerk shall proceed as therein di. may be needed. rected. The aforesaid proceedings may be en 11. All expenses incurred in carrying said tered upon the minutes either in term time or amended act and these rules into effect shall vacation.

be paid by said board out of the fees paid by 10. The board of examiners is hereby char- applicants for admission to the bar, and the ged with the duty of having 2,000 copies of balance of the fund realized from said fees the aforesaid act of 1897, as amended by the shall, as in said act directed, be appropriated aforesaid act of 1898, and of these rules, print- to paying the members of said board for their ed in pamphlet form, 250 of the same to be services. durably but inexpensively bound. It shall furnish to each of the justices of the supreme

The order prescribing the foregoing rules was court, and to each judge and clerk of the su- signed by all the justices, except Simmons, C. J., perior courts of this state, a bound copy, and who was absent. The order amending the same



RULE 1.2

peal: provided, further, that upon a proper

showing for that purpose, the court before As Amended December, 1896.

whom the motion is made may prescribe a For the purpose of an appeal to this court, shorter time. the appellant shall cause the return to be

RULE V.8 made and filed with the clerk of this court within twenty days after the record consti- Amended December, 1896, by adding at end: tuting said return has been completed: pro In the preparation of the "case" for arguvided, that upon an ex parte application to ment in this court, in which plats or diaany one of the circuit judges, upon good cause grams are referred to which are larger than a shown, the time for filing the return may page of the “case," such plats or diagrams be extended, not, however, beyond twenty must not be attached to the "case,” but must days. If he fails to do so within the time be filed separately. prescribed by this rule, the appellant shall be deemed to have waived the appeal, and up

RULE VIII. on an affidavit to that effect, and the certif

As Amended December, 1898. icate of the clerk of this court that no return has been filed-as above required or as here Three days previous to the commencement inafter permitted—the respondent may ob- of the argument of any case, the counsel for tain from the clerk of this court an order dis- the appellant shall deliver to the clerk of the missing the appeal for want of prosecution, court ten copies of the case or brief, which with costs, and the court below may there shall be disposed of as follows: One copy to upor proceed as though there had been no each of the justices, one for the court, one notice of appeal: provided, that no appeal for the reporter, and one for the library of shall be dismissed by the clerk under this the supreme court; and at the same time rule unless the respondent shall give the ap- each party shall deliver to the clerk eight pellant ten days' notice in writing of the mo- copies of the points, as required by rule IX., tion to dismiss, and the appellant shall fail six copies to be disposed of as above stated, to file the return on or before the time fixed and the remaining two copies to be delivered in the notice of said motion: provided, how-to the counsel of the other party on demand. ever, that upon it being made to appear to Parties failing to furnish points will be the satisfaction of this court that such de- confined to the discussion of questions that fault on the part of the appellant has arisen arise upon such points as shall be furnished from some excusable neglect, he may, on mo- by other parties to the cause, in accordance tion, upon at least four days' notice, apply with this rule. To go into effect on and aftto this court for an order reinstating the ap-er the first day of February, A. D. 1897.

1 For rules 11 and 16, see 22 S. E. XVI.

? For rule 1, as originally amended, see 19 S. E. v. * For rule 5, as originally amended, see 19 S. E. V.



It shall be the duty of the clerk of the As Amended December, 1896.

court to see that papers are numbered and

initialed as herein prescribed before filing. Counsel shall not attempt to argue or ex Papers in handwriting, or in typewriting, plain a case, or any matter arising therein, must have a blank margin of an inch and a after he has been heard and the opinion of half on the left. If more than two pages of the court has been pronounced; nor shall one handwriting, or typewriting, be used, they attorney interrupt another in the course of shall be fastened at the top so as to read his argument without first obtaining the per- continuously. mission of the court.

Papers in handwriting, or in typewriting, Before the argument of the case com- shall be folded from the bottom in four equal mences, the counsel on either side shall read folds, and indorsed with the style of the court, and submit to the court, in writing, such the venue, the name of the parties, the napropositions of law as they propose to rely ture of the paper, and the name of the attoron, which shall constitute the request to ney or officer. charge: provided, however, that nothing herein contained shall prevent either counsel,

RULE XVIII. at the close of the argument, from submitting

As Amended December, 1895. such additional requests as may be suggested by the course of the argument, or from with

In all cases of more than one distinct cause drawing any or all of the requests submitted of action, defense, countercaim or reply, each at the beginning of the argument. When re shall be separately stated and numbered; and quired by court, counsel shall note in the mar where the defendant intends to set up a gin opposite each request the authorities re counterclaim, it shall be distinctly entitler lied on in support of the propositions of law and designated as such. therein contained, and also produce the same.

A demurrer must, in every case, be accompanied by a certificate of the counsel filing

it that it is meritorious, and not intended RULE XII.4

merely for delay. As Amended December, 1895.

A motion to dismiss a complaint or answer All original pleadings and other proceed-state facts sufficient to constitute a cause of

on the ground that the complaint does not ings shall be written on legal cap paper, or action, or the answer does not state facts printed in accordance with the requirements sutticient to constitute a defense, may be of rule VI. of the supreme court [29 S. E. V.). made orally, but the grounds upon which

Typewriting will be permitted only when black indelible ink is used, with ordinary said motion is made must be reduced to writspacing, upon linen paper weighing not less ing by the counsel submitting the same, or than four pounds to five hundred single cap direction of the court, stating wherein the

taken down by the stenographer, under the sheets, eight by thirteen inches in size; and each page of typewriting shall be numbered pleading objected to is insufficient. and initialed by the attorney, officer or person writing by the moving counsel, or by the

A motion for a nonsuit must be reduced to signing such paper.

stenographer, under the direction of the court, • For rule 12, as originally adopted, see 22 S. E. xvi. I stating the grounds of the motion.


Applications addressed to this court forject, however, to be advanced for good the issue of writs other than the writ of cause shown in accordance with rule six. habeas corpus, by virtue of its original The records shall be printed, and the case jurisdiction, will be placed upon the general submitted upon briefs, unless the court shall docket as they mature, and be heard when otherwise direct. reached upon the regular call thereof; sub Adopted January 9, 1899.

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