RULE IV. To entitle an applicant to an examination as an attorney and counselor, he must prove by his own affidavit, to the satisfaction of the State Board of Law Examiners: First. That he is a citizen of the United States, twenty-one years of age, stating his age, and an actual and not a construetive resident of the State, for not less than six months immediately preceding, and that he has not been examined for admission to practice and refused admission and license within three months immediately preceding. Second. That he has studied law in the manner and according to the conditions hereinafter prescribed for a period of three years, and that he is the same person mentioned in his annexed preliminary papers, except that if the applicant be a graduate of any college or university, his period of study may be two years instead of three, and except also that persons who have been admitted as attorneys in the highest court of original jurisdiction of another State or country, and have remained therein as practicing attorneys for at least one year, may be admitted to such examination after a period of law-study of one year within this State. (Amended December 20, 1906.) RULE V. Applicants for examination shall be deemed to have studied law within the meaning of these rules only when they have complied with the following terms and conditions, viz.: 1. The provisions for requisite periods of study must be fulfilled by serving a regular clerkship in the office of a practicing attorney of the Supreme Court in this State after the age of eighteen years; or after such age, by satisfactory attendance upon and successfully completing the prescribed course of instruction at an incorporated law school, or a law school connected with an incorporated college or university having a law department organized with competent instructors and professors, in which instruction as hereinafter provided is regularly given; or after such age, by pursuing such course of study, in part by attendance at such law school, and in part by serving such clerkship. 2. If the applicant be a graduate of a college or university, he must have pursued the prescribed course of study after his gradnation; and if he be a person admitted to the bar of another State or country, he must have pursued his prescribed period of study after having remained as a practicing attorney in such other State or country for the period of one year. 3. Applicants who are not graduates of a college or university subject to the limitations and requirements hereinafter, in this subdivision expressed, or members of the bar as above described, before entering upon the clerkship or attendance at a law school herein prescribed shall have passed an examination conducted under the authority and in accordance with the ordinances and rules of the University of the State of New York in English, three years; mathematics, two years; Latin, two years; science. one year: history, two years; or in their substantial equivalents as defined by the rules of the University, and shall have filed a certificate of such fact, signed by the commissioner of education, with the clerk of the Court of Appeals, whose duty it shall be to return to the person named therein a certified copy of the same, showing the date of such filing. The Regents may accept as the equivalent of and substitute for the examination in this rule prescribed either, first, a certificate properly authenticated of having successfully completed a full year's course of study in any college or university; second, a certificate properly authenticated, of having satisfactorily completed a four years' course of study in any institution registered by the Regents as maintaining a satisfactory academic standard; or, third, a Regents' diploma. All graduates of a college or university existing under the government or laws of any foreign country other than those where English is the language of the people and all applicants who apply for law students' certificates upon equivalents or substitutes, as above provided, all or any part of which are earned or issued in said foreign countries, shall pass the Regents' examination in second year English. The Regents' certificate above prescribed shall be deemed to take effect as of the date of the completion of the Regents' examination, as the same shall appear upon said certificate. 4. Satisfactory attendance upon and the successful completion of the prescribed course of instruction at a law school, the school year of which shall consist of not less than thirty-two school weeks, exclusive of vacations, in which not less than twelve hours of attendance upon law lectures or recitations of such prescribed course, to be given or conducted by regular members of the faculty, are required in each week, shall be deemed a year's attendance under this rule. In computing the period of clerkship a vacation actually taken, not exceeding two months in each year shall be allowed as part of such year. It shall be the duty of attorneys with whom a clerkship shall be commenced to file a certificate of the same in the office of the clerk of the Court of Appeals, which certificate shall in each case state the date of the beginning of the period of clerkship, and such period shall be deemed to commence at the time of such filing, and shall be computed by the calendar year. In the case of a qualified law school in which the school year consists of less than an aggregate of 384 hours of attendance upon law lectures or recitations, but where the prescribed course for graduation is three years, a student who graduates therein upon the completion of the prescribed course shall be entitled to be credited with two years' attendance under this rule. The same period of time shall not be duplicated for different purposes, except that a student attending a law school as herein provided, and who, during the vacations of such school, not exceeding three months in any one year, shall pursue his studies in the office of a practicing attorney, shall be allowed to count the time so occupied during such vacation or vacations as part of the clerkship in a law office specified in these rules. 5. The Justices for each Appellate Division may adopt for their several and respective Departments such additional special rules for ascertaining the moral and general fitness of applicants as to such Justices may seem proper. (Amended December, 1906: April, 1998.) These amendments shall take effect on the first day of June, 1908, but the amendment to subdivision third of Rule fire shall not apply to any student whose clerkship or attendance at a qualified law school has already begun, or shall have begun prior to June 1, 1908, as shown by the records of the Court of Appeals, or of any incorporated law school, or law school established in connection with any college or university. RULE VI. The State Board of Law Examiners, before admitting an applicant to an examination, shall require proof that the preliminary conditions prescribed by these rules have been fulfilled, which proof shall be made as follows, viz.: 1. That the applicant is a college graduate. by the production of his diploma or certificate of graduation under the scal of the college. 2. That he has been admitted to the bar of another State or country, by the production of his license or certificate executed by the proper authorities. 3. That he has served a regular clerkship in the office of a practicing attorney of the Supreme Court in this State, after the age of eighteen years, by producing and filing with the Board a certified copy of the attorney's certificate as filed in the office of the clerk of the Court of Appeals, and producing and filing an affidavit of the attorney or attorneys with whom such clerkship was served, showing the actual service of such a clerkship, the continuance and end thereof, and that not more than two months' vacation was taken in any one year. Both of said affidavits must be to the effect that during the entire period of such clerkship, except during the stated vacation time, the applicant was actually employed by said attorney as a regular law clerk and student in his law office, and, under his direction and advice, engaged in the practical work of the office during the usual business hours of the day. 4. The time of study allowed in a law school must be proved by the certificate of the teacher or president of the faculty under whose instructions the person has studied, under the seal of the school, if such there be, in addition to the affidavit of the applicant, which must also state the age at which the applicant began his attendance at such law school. Said certificate and affidavit must, also, state facts required by subdivision four of Rule V; which proof must be satisfactory to the Board of Examiners. 5. That the applicant has passed the Regents' examination or its equivalent, must be proved by the production of a certified copy of the Regents' certificate filed in the office of the clerk of the Court of Appeals, as hereinbefore provided. 6. When it satisfactorily appears that any diploma, affidavit or certificate required to be produced has been lost or destroyed without the fault of the applicant, or has been unjustly refused or withheld, or by the death or absence of the person or officer who should have made it, cannot be obtained, the Board of Law Examiners may accept such other proof of the requisite facts as they shall deem sufficient. 7. A law student whose clerkship or attendance at a law school has already begun as shown by the records of the Court of Appeals, or of any incorporated law school or law school established in connection with any college or university, may at his option file or produce instead of the proofs required by these rules, those required by the rules of the Court of Appeals adopted December 2, 1895. (Amended December 20, 1906.) RULE VII. When the filing of a certificate as required by these rules has been omitted by excusable mistake, or without fault, the court may order such filing as of the proper date. All certificates heretofore issued to law students by the Board of Regents and founded upon equivalents instead of an actual examination, are validated and made effectual, and may be accepted as sufficient by the Board of Law Examiners. RULE VIII. The State Board of Law Examiners shall be paid as compensation, each the sum of two thousand dollars per year, and, in addition, such further sum as the court may direct, and an annual sum not exceeding two thousand dollars per year shall be allowed for necessary disbursements of the Board. Every applicant for examination shall pay to the examiners a fee of ten dollars, which shall be applied upon the compensation and allowance above provided, and any surplus thereafter remaining shall be held by the treasurer of the State Board of Law Examiners and deposited in some bank in good standing in the city of Albany to his credit and subject to his draft as such treasurer when approved by the Chief Judge. The examinations held by such State Board of Examiners may be conducted by oral or written questions and answers, or partly oral and partly written, but shall be as nearly uniform in the knowledge and capacity which they shall require, as is reasonably possible. An appli cent who has failed to pass one examination cannot again be examined until at least three months after such failure. These rules shall take effect on July 1, 1907. (N. B. See Rule V, for time of taking effect of that rule.) 741 (The references are to the numbers of the rules.) Affirmance, of judgment by default, when ordered, R. XV. remittitur not to be sent to court below wihout notice, R. XVII. Appeal, waived by failure to make proper return, R. I. Attorneys, of parties below to continue to act, R. III. call of, R. XII. exchange of causes upon, R. XII. causes regularly passed to be placed on subsequent, R. XII. causes placed upon, R. XIX. Case, on appeal, to be made by appellant, R. IV. form of, R. IV. how to be printed, R. V. copies of, to be served on opposite party, R. VI. failure to serve, effect of, R. VI. when to be filed with clerk, R. VII. how disposed of, R. VII. Criminal Causes, may be put upon calendar at any time, R. IX. Defaults, reversal of judgment by, not allowed, R. XV. affirmance by, when ordered, R. XV. Facts, to be stated in points, R. VIII. not to be discussed at length, R. VIII. Guardians, of parties in courts below to continue to act, R. III. Motions, when heard, R. XI. granted, of course, when, R. XI. for re-argument, R. XX. Notice, to require return to be made, R. I. to require service of case, R. VI. Order, dismissing appeal for failure to file return, R. I. to make further return, R. II. dismissing appeal for failure to serve case, R. VI. to stay proceedings, R. XVIII. Points, how printed, R. V. filed with clerk of court, R. VII. not received unless filed, R. VII. how disposed of, R. VII. Preferences, causes entitled to, R. XIV. Remittitur, what to contain, R. XVI. not to be sent to court below until after notice, R. XVII. Reservation of causes, how and when made, R. X. for day certain, priority of, R. X. Return, failure of appellant to make, R. I. further, when may be ordered, R. II. Reversal of judgment by default not allowed, R. XV. |