The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1847-07-11

The Law Rules OF tine Supreme Court.
ALBANY, July O. is47
The Supreme Court during the day, have been en-
gagged upon the reported yesterday by the commit
tee on the law side The rules are considered
crossed the clerk for publication Inc court ned
session this morning and also session this
The following important rules nave peen anu
finally adopted by the court =
RUIZ Applicants admission to practice as attor
Mes solicitors and counseors who are entitled 10 ex
animation shall be examined in open courtthe exami
nation to commence on the first day OF each general
term.
Rus . To entitls an applicant to examination, he
l. That he is a citizen of the United States, and that
he twenty years of age which proof may be made
by his own affidavit ofthe facts.
>. That he is Of good moral character which proof
shall be follows HE shall show by aadavit In what
and under the direction Of what persons
he has his legal studies and what period of time
under each and he shall furnish certificate from
such person certifying to his good moral char
acter Or he must show by affidavit sufficient excuse
pursued legal studies under any attorney the
court then ne shall produce like certificate signed by
the county Judge surrogate or justice Of this court or
a judge Of the court of appeals.
The court having adopted the above rules rule
eme Court. The Following new rules have also been
adopted
RULr-when suit is commenced by writ, the decla-
ration shall be entitled of the return day OF the writ
and when the suit Is commenced by the fling of the
carstion and the service Of copy the declaration shall
filed.
RuLrPapers in causes transferred to this court from
on the first Monday of July isiJ hereafter to be aed,
shall be fled with the clerk of the county where the
venue ladexcept such wrts and process as are by
statute directed to be filed In the ONCE Of the Clerk Of
RuLEThs pacia Of all records may be of the return
day of the writ by which the suit commenced; and
II not commenced by any writ then of the day of which
| the declaration shall be entitled.
or non-snumeratsd shall be noticed BY both parties,
and for terms held In different counties such motion
and in case the said terms shall be- held on the same
then 1t shall be brought at the term the notice for
which shall have been first served
Amendments to the rules Of the Supreme Court
RULE u was amended by striking out the words "a
Circuit Judge or u Supreme Court Commissioner
RULE Ia was amended by inserting after the word
filing, the following words"in the office Of the clerk
of the county in which the writ is returnable"
RULE Is was amended by striking out the words be-
fore the end Of the next succeeding and inserting
The following original rule was adopted as rule 81
The several clerks of this court shall keep in their
pecve Offices such books may be necessary to enter
the titles Of such with memorandum of the pro-
ceedings therein. Such books to be called Common Rule
be By
minute thereof to be made by the clerk under the title
Of the cause in the book to be kept as aforesaid The
the entry thereof No other entry Of common rule
shall be necessary.
Declaration filed July ls47 -Capias ad responder
dunn returned by Sheriff of Cayuga and fled (stating
how served August l, ls47. Defendants appearance
entered.
August 81, ls47.-Defendant's default for want of
Sept 3 1917 Plaintiff Is default for not declaringen
tered, and Judgment for defendant ordered.
Oct. TO- is47ordsred Judgment final for plaintiff for
damages assessed by the clerk, $500.
Oct. 10, ls47.-Defendants plea filed.
Probably all the rules will be completed tomorrow
The committee the equity side have not made their
report as yet Minority and majority reports have
made by the committee on the common law side. The
Of the majority r's COMMITTEES IN the
rules of the old court these rules and amendments
far they have been adopted inserted above The
report the minority of the committee is very
| annex a copy of -
The minority of the Committee propose the following
amendments and alterations to the Common Law Rules
10 abolish all unnecessary proceedings, such as no.
tices to reply, to join in demurrer and the like
for bill Of PARTICULARS and substitute in its place no.
tice demand Of the same.
8. To allow amendments by Judge at Chambers, or
during trial at Nisi Prius instead of pleading mis-
homer allow the to be corrected at Chambers In
stead Of nonsutng for a variance amend at the Cir
cutOn such terms as to cost and time, as the exgen
cies Of each will warrant.
To allow references to ascertain and rep TT the is
In the cause and the facts of the case bearing up
s. To allow documents to be proved out of Court
8. TO remodel the system of pleading and adopt the
rules in that regard of the English Courts far
as applicable. }. w. EDMONDS,
Many of the suggestions in the above report will be
adopted without doubt. In the rule relating to the ad
mission OF attOrnes inserted above 1t will be observed
that the constitutional oath formerly required to be
their admission is dispensed with, because
the new Supreme Court cannot appoint any officer.
SUPREME COURT.
Terms of Court NeD York in ls47, ls4S and ls49.
GENERAL TERMS.
lsl7 LIST Monday September to be heidi Judges Cady
McCouu and Hurlbut
&c LIST Monday November to be held by Judges Hurl
but, McCoun and II. Gray.
saS LIST Monday January to be held by Judges Strong
McCoun and Edwards
I" LIST Monday April, to be held by Judges Maynard
Edmonds and Willard.
LIST Monday July, to be held by Judges Hurlbut
Edmonds and McCoun.
" LIST Monday October to be held by shankland, Mar
vim and Edwards.
isa9. LIST Monday of January, to BE- held by Judges
Jones, Edmonds and McCoun.
LIST Monday Of April, to be held by Judges Jones,
Paige and G. Gray.
LIST Monday Of July, to be held by Judges Jones,
Edmonds and Hurbut.
LIST Monday of October, to be held by Judges Jones
Edmonds Edwards