ceedings be taken (excepting remanding the, or of the courts of the United States purcause) within thirty days from the time the suant to section 6 of chapter 139 of the Acts opinion is delivered without leave of the of 1898, the petitioner shall state that he is court. now an actual resident of this state, and shall further name the state in which and NO ORIGINAL PAPER TO BE DELIVER- the court by which the petitioner was adED BY CLERK. 42. The opinions of the court, filed with the clerk, will be delivered by him to the reporter when required for printing in the State Reports, and transcripts of records will be delivered by him to the printer for printing the records but they shall be returned as speedily as possible to the clerk for preservation. The clerk will deliver no other original paper out of his office without leave of the court. DIMINUTION. 43. No writ of diminution will be hereafter granted, unless a motion therefor shall be made in writing, stating the facts on which the same is founded, and if such facts are not admitted by the counsel for the other party, they shall be verified by the affidavit of the counsel for the party making such application. Said application shall also state that the correction is in the opinion of counsel for the party applying for said writ necessary to the trial of the merits of the case, that it cannot be had without said writ of diminution and that the suggestion is not made for the purpose of delaying the argu ment of the case. 44. No case will be postponed or continued on account of any diminution alleged to exist in the transcript of a record, unless the court be satisfied that there was no unreasonable delay in making application for the writ, and that the additional record cannot be supplied in time for argument, and in such case the court may, in its discretion, direct the argument to proceed and permit the additional record to be afterwards filed, when it shall have the same effect as if transmitted with the original record, but if the court determines that the writ was unnecessary, the cost will be imposed on the party at whose instance it was granted. ADMISSION TO THE BAR 45. FIRST. All applications for admission to the bar shall be made by petition to the Court of Appeals. The petition shall be under oath, and shall state: (a) The full name, age, residence, and place of birth of the applicant. (b) If the petitioner shall apply for admis mitted to the bar, and .shall also state that the petitioner has, for at least five years before filing his said petition, been engaged as a practitioner or teacher of the law or a judge in such state. The petitioner shall file with his petition a copy of his license to practice, duly certified, or a copy of the record of the court in which he was so admitted, certified as required by law for the authentication of the records of courts of other states when offered as evidence in the courts of this state. The petitioner shall also file the certificate of a judge of the state in which he was so admitted or a certificate from two members of the bar of this state certifying how long they have known the applicant, and that he is not a person of bad or dissolute habits, but of good moral character, and that he has never, so far as known to the person or persons certifying, been guilty of any criminal or disgraceful conduct, and that he is, at the time of such certificate, a member of the bar in good standing, and that he has teacher of the law or judge in such state been actively engaged as practitioner or for at least five years before the filing of his said petition. admission as a member of the bar of another (c) If the petitioner shall not apply for state, the petition shall further state: That the petitioner has studied law in the office of a member of the bar of this state or in a law school of the United States for at least two years, and that while so studying the law he diligently pursued the course of study prescribed in rule 5. The petitioner shall file with his petition a certificate from the member of the bar in whose office he studied, or if the petitioner studied in a law school, a certificate from the president, dean or any instructor of such school, certifying that the petitioner has pursued under his direction for at least two years the course of study prescribed in rule 5, and that the petitioner is not a person of bad or dissolute habits but of good moral character, and that he has never, so far as known to the person certifying, been guilty of any criminal or disgraceful conduct. The certificates hereinbefore provided for shall be prima facie evidence of the facts stated in them. The petition shall be filed at least ten days before the day fixed for an examination by the State Board of Law Examiners SECOND. All applicants for admission to the bar, including members of the bar of other states, shall pay a fee of twenty-five dollars, at the No petition will be considered or referred | mission to the bar shall be published once a to the State Board of Law Examiners until week for three successive weeks in two said fee is paid to the treasurer of the said daily newspapers published in the city of board. Baltimore before the day fixed for the ratification of the report of the State Board of Law Examiners. THIRD. All applications for admission to the bar, except applications from members of the bar of other states, shall be referred to the State Board of Law Examiners, who shall examine the applicants as to their qualifications to practice law. FOURTH. The Board of Law Examiners shall meet twice annually, once in the month of June, and once in the month of November, at such place in the state of Maryland as said board may determine, for the purpose of conducting such examination. Thirty days' public notice of the time and place of meeting shall be given. If no exceptions are filed to the report of the Board of Law Examiners within thirty days after their report is filed, the recommendations contained in their report shall be adopted, the action of the board ratified, and the applicants admitted or rejected as recommended by the board. If exceptions to the report of the board shall be filed such exceptions shall be heard and decided by the court. In case an exception shall be filed to the recommendation of the board that any applicant shall be not admitted to the bar, and the exception relates to the qualification of the applicant to practice law, no new examination will be held, but the exception heard and determinThe said board shall hold such other meet- ed on an examination of the applicant's an ings for the purpose of conducting examina-swers to the questions asked him. If the tions at such time and place and on such exception relates to the moral character of notice as may be directed by the Court of the applicant, the exceptant and the appliAppeals from time to time by special orders. cant shall have the right to produce evidence in support of or against their exception before the court or before an examiner FIFTH. All examinations shall be in writing. All applicants shall be examined by said board on each of the following subjects: (1) Elementary Law; (2) Contracts; (3) Torts; (4) Wills and the Administration of Estates; (5) Corporations; (6) Evidence; (7) Equity; (8) Real Property; (9) Personal Property; (10) Criminal Law; (11) Domestic Relations; (12) Pleading and Practice at Law and in Equity (at Common Law and in Maryland); (13) Constitutional Law; (14) International Law; (15) Legal Ethics. The board may, at its election, in addition to the written examination, examine orally any or all of the applicants. The State Board of Law Examiners may prescribe rules for the conduct of examinations, provided that the applicants shall be allowed at least six hours in which to pre pare the answers in the written examina tion. SIXTH. appointed for the purpose of taking testi mony. EIGHTH. When it shall be determined by the Court of Appeals that an applicant is qualified to practice law and is of good moral character, an order will be passed directing that he be admitted to the bar on taking the oath required of a member of the bar by the Maryland Code of Public General Laws, article 10, section 10. NINTH. The members of the Board of Law Examiners shall be entitled to the sum of ten dollars per day for every day actually spent in the discharge of their duties, and all their traveling and other expenses, provided the fees and expenses of said board shall not exceed the sum paid by applicants as fees. TENTH. The State Board of Law Examiners shall, In the rating of applicants the examiners as soon as practicable after such examina- shall take into consideration the excellence tion, report to the Court of Appeals all their or defects of the applicant's preliminary proceedings in connection with such exam-education in marking his examination paination. They shall file with their report pers and in making out his ratings and in a copy of the questions asked and all the determining the question whether he should replies. The report shall also state the conclusions of said board as to the qualifications of all applicants and shall recommend, in the case of each person examined, that he be or be not admitted to the bar. SEVENTH. The names and places of residence of all pass the examination; and the applicant's attainments in this respect may be ascertained by the examiners from the examination papers or in such other method as the examiners may prescribe. ELEVENTH. No person who is not an actual bona fide apply for admission to the bar shall be permitted to take the examination prescribed by the aforegoing rules; nor shall any person under twenty-one years be allowed to take such examination. MOTION TO DISMISS APPEAL. 46. All motions to dismiss appeals shall be filed at least five days before the cases are called for argument, unless the motion be based on some cause arising after that time -provided that this rule shall not be construed to prevent the court from dismissing an appeal on its own motion when that is deemed proper. 47. The clerk of this court shall procure and keep a separate record to be known as "The Rules of Court" in which the foregoing rules and all amendments, alterations and modification of them, hereafter adopted, shall be recorded. It is ordered this 11th day of December, 1908, by the Court of Appeals of Maryland, that the foregoing rules be and they are hereby adopted as the rules of said court, in lieu of its rules now in force entitled "Rules and Regulations Respecting Appeals, Made and Prescribed by the Judges of the Court of Appeals, under and by Authority of the 18th Section of the 4th Article of the Con stitution," and those entitled "Rules of the Court of Appeals," and amendments and additions to said rules. It is further ordered that said rules be numbered consecutively from number one to number forty-seven, inclusive, and that said rules take effect on April 5th, 1909, excepting rule 25, which shall take effect from this date; and that in the meantime the existing rules shall continue in force. A. HUNTER BOYD. GLENN H. WORTHINGTON. American Dyewood Co., Reed v. (Pa.)... 873 25 Board of Health of Pompton Lakes v. E. I. 998 30 93 Amoral, Horton v. (R. I.)... .1132 124 .. Arnold v. Tyler (R. I.). 337 276 Aronson, Hunn v. (Pa.). 527 Art Metal Novelty Co., Schunack v. (Conn.) 290 325 24 23 473 181 Atlantic Nat. Bank, Blaké v. (R. I.).. Board of Public Utility Com'rs, Public 27 794 323 97 Brazos, Metropolitan Const. Co. v. (N. J.) 552 Breakwater Co., Norris v. (Pa.). 55 Baltimore & O. R. Co. v. State (Md.). 170 Bredin v. Roosma (N. J. Sup.). 21 Barber v. Morgan (Conn.)... 791 Breeden, State v. (Md.).... 614 Barber, Town of Warwick v. (R. I.).. Barr v. Pen Carbon Manifold Co. (N. J.).. Barrett v. Lewiston, B. & B. St. R. Co. 11 Brengle v. Tucker (Md.). 224 930 Breslin v. Donnelly (N. J.). 474 Brice, Barroll v. (Md.) .1035 ..1130 Bridges, State v. (Me.). .1134 Barroll v. Brice (Md.). .1035 Brittingham, State v. (Del. Gen. Sess.). 242 Barton, Taber v. (Me.) ..... 836 Brooks, Holmes v. (Conn.).. 773 Battey, State v. (R. I.). 10 Brown, Griffith v., two cases (Me.). .1132 Beacon Hill Real Estate Co., Harned v. 1132 173 801 Central Trust & Savings Co. v. Chester Charles J. Webb & Co. v. Novelty Hosiery 531 90 Coulbourne Bros. Co., Howeth v. (Md.)....916 254 Chester County Electric Co., Central Trust 175 Cubberly, State v. (Del. Gen. Sess.). Cope v. C. B. Walton Co. (N. J.). 473 145 881 Cornell, Pease v. (Conn.). 86 174 ..1131 510 203 .1003 56 922 319 Cunningham & Sons, Boston Art Metal Co. v. (Me.). .1131 726 Currier v. B. G. & C. M. March (Me.). .1131 Ass'n V. Curtis v. Auburn Paper Box Co. (Me.). .1131 (Conn.) 203 Curtis v. Mactier (Md.). ..1066 City of Dover v. Richardson & Boynton Co. of Dover (N. J. Sup.). 97 Curtis v. New York, N. H. & H. R. Co. 127 City of Elizabeth, Levy v. (N. J.). City of Paterson, New York, S. & W. R. Davidson v. Linn Woolen Co. (Me.). .1131 949 Davis, Harper v. (Md.).. 1012 City of Paterson, Paterson & R. R. Co. v. (N. J. Sup.). Davis Automobile Co., Cole v. (R. I.). .268 .1129 937 City of Philadelphia v. Fidelity & Deposit City of Philadelphia, Miller v. (Pa.). ... .... .... Clarke, Whitford, Bartlett & Co. v. (R. I.) 257 68 69 .1113 .1110 De Galard de Brassac v. Winans (Md.).. 730 De Galard de Brassac v. Winans (Md.). 62 Delaware, L. & W. R. Co., Kingsley v. (N. J.) Delaware, L. & W. R. Co., Wise v. (N. J.) 459 Delaware Ins. Co. of Philadelphia, Kupfersmith v. (N. J.).. .1071 327 561 797 Delaware Produce Exch., Postal Telegraph 83 Cable Co. v. (Del. Super.). 244 202 Desch v. Lehigh County (Pa.). 992 406 Diamond v. Shriver (Md.). 217 925 566 Di Panni, Horton v. (R. I.). 8 46 .1054 D'Jorko v. Berwind-White Coal Min. Co. (Pa.) 77 Colandro, Commonwealth v. (Pa.). 571 Doe ex dem. Town of Seaford, Roe v. 268 (Del.) 250 |