or in such training camp or ambulance service some of the time ordinarily required for graduation or for obtaining such degree has been waived by the law school granting the same. The time so credited for such service, however, shall not exceed one year, nor shall it exceed the time allowed by the school from which he graduated and received his degree; and

Further Ordered, that in all cases where, after an applicant for admission to the Bar shall have commenced his period of law study, either in a law school or law office, as provided by the rules of this court relating to admission of attorneys and counselors at law, it shall appear that such applicant has been engaged in the military or naval service of the United States of America, as a member of the National Guard of the State of New York, or by reason of voluntary enlistment, conscription or otherwise, or in service at a recognized government military training camp or in the ambulance service in Europe, the time of such service, not exceeding one year, shall be included as part of the period of study provided for by Rules relating to the admission of attorneys and counselors at law.

Nothing herein contained shall be construed as exempting an applicant for admission to the Bar from taking and passing the examination as required by the rules of this court. (As amended January 10, 1919.)

RULES OF THE NEW YORK STATE BOARD OF LAW EXAMINERS.

(As Amended, to Take Effect on June 1, 1920.)

Rule I. Each applicant for examination must file with the Secretary of the Board, at least fifteen days before the day appointed for holding the examination at which he intends to apply, the preliminary proofs required by the "Rules of the Court of Appeals for the admission of attorneys and counselors-at-law," from which it must appear affirmatively and specifically that all the preliminary conditions prescribed by said rules have been fulfilled, and also proof of the residence of the applicant for six months prior to the date of the said examination, giving place, with street and number, if any, which must be made by his own affidavit. Said affidavit must also state that such residence is actual and not constructive. The Board in its discretion may order additional proofs of residence to be filed, and may require an applicant to appear in person before it, or some member thereof, and be examined concerning his qualifications to be admitted to the examinations. The examination fee of $25 must be paid to the Treasurer at the time the application for examination is filed.

To entitle an applicant to a re-examination, he must notify the Secretary by mail of his desire therefor, at least fifteen days before the examination at which he intends to appear and file with him, at the same time, his own affidavit stating that he is and has been for the six months prior to such examination an actual and not constructive resident of this State, giving the place of such residence, and street and nember, if any, and that he has not been examined for admission to practice and been refused admission within four months of the examination at which he intends to apply.

Rule II. Each applicant must be a citizen of the State, of full age; he may be examined in any Department, whether a resident thereof or not, but the fact of his having passed the examination will be certified to the Appellate Division of the Judicial Department in which he has resided for the six months prior to his examination. He must, however, entitle his papers in the Department in which he resides, and must appear for examination in the Department in which he entitles his papers, unless permission of the Board otherwise be granted at least fifteen days before the day appointed for holding the examination.

Rule III. In applying the provision of Rules III and VII of the Rules of the Court of Appeals, "For the admission of attorneys and counselors-at-law," the Board will require proof that the college or university of which an applicant claims to be a graduate, maintains a satisfactory standard in respect to the course of studies completed by him. In case the college or university is registered with the Board of Regents of the State of New York as maintaining such standard, the applicant must submit to the Board, with his diploma or certificate of graduation, the certificate of the said Board of Regents to that effect, which will be accepted by this Board as prima facie evidence of the fact. Such certificate need not be filed in cases where the Board of Rgents, by a general certificate, has certified to this Board that the said college or university maintains a satis

factory college standard leading to the degree with which the applicant graduated. In all other cases the applicant must submit with his diploma or certificate of graduation satisfactory proof of the course of study completed by him and of the character of the college or university of which he claims to be a graduate.

Rule IV. The papers filed by each applicant must be attached together, and there must be endorsed upon them the name and residence of the applicant. The papers must be entitled, "In the matter of the application of for admission to the Bar." Each applicant must state the beginning and the end of each term spent in a law school, his age when he began his attendance upon the law school, as well as the beginning and the end of each vacation that he has had.

Rule V. An applicant who has been admitted to the Bar as an attorney in another State or country, and who has remained therein as a practicing attorney for the period of three years, may prove the latter fact by his own affidavit, and must present also a certificate from a judge of the court in which he was admitted, or from a county judge in said State, certifying that the applicant had remained in said State or country as a practicing attorney for said period of three years, after he had been admitted as an attorney therein. The signature of the judge must be certified to by the clerk of the court or by the county clerk under the seal of the court.

Rule VI. The Board will divide the subjects of examination into two groups, as follows: Group One, Pleading and Practice and Evidence; Group Two, Substantive Law, viz. Real Property, Contracts, Partnership, Negotiable Paper, Principal and Agent, Principal and Surety, Insurance, Bailments, Carriers and Public Utilities, Sales, Criminal Law, Torts, Wills and Administration, Equity and Trusts, Corporations including Municipal Corporations, Domestic Relations, The Canons of Ethics and the Constitutions of New York State and of the United States. The examinations will be held on two consecutive days in January, April, June and October in each year. The first day's examination will be in Group Two, Substantive Law, 36 questions with a time limit of seven hours, divided into a morning session of three hours from 9 a. m. to 12 m. with 16 questions and an afternoon session of four hours from 1 p. m. to 5 with 20 quesp. m. tions. The second day's examination will be in Group One, Pleading, Practice and Evidence containing 24 questions with a time limit of five hours from 9 a. m. to 2 p. m. No further time will be given. In marking, due consideration will be given to the reasoning of the answers. Each applicant will be required to obtain the requisite standard in both groups and on his entire paper to entitle him to a certificate from the Board. If he obtains the required standard in either group and not on his entire paper he will receive a pass card for the group which he passes and will not be required to be re-examined therein. He will be re-examined in the group in which he failed or on the entire paper if he failed in both groups at any subsequent examination for which he is eligible, four months thereafter, and for which he gives notice as required by these rules. NOTE.-Applicants should file their papers at the earliest possible moment; amendable defects may be discovered, which can be corrected if attend to promptly.

RULES OF APPELLATE DIVISION, FIRST DEPARTMENT.
(Amended to September, 1921.)

Rule I. When court opens. The court will open at two o'clock and continue until six o'clock in the afternoon unless sooner adjourned, except that on motion days the court will open at half-past ten o'clock in the forenoon.

Rule II. Motion days; calendar; note of issue. The first and third Fridays succeeding the first and third Mondays of each month, or such other days as shall be designated for hearing appeals from orders by the Appellate Division, shall be motion day. The clerk will make up a calendar for each motion day, of all motions noticed to be heard on that day. A note of issue stating the nature of the motion and the day for which it has been noticed must be filed with the clerk before twelve o'clock noon, on the day preceding the day for which the motion is noticed. The motion calendar will be called by the clerk at ten o'clock on each motion day, when all motions to be submitted without oral arguments, must be submitted. Where a motion is to be orally argued, the same will be marked ready on the call by the clerk, and will be heard by the court at half-past ten.

Rule III. Appeals from orders; time allowed; submission. Appeals from orders will be heard only upon motion days, the calendar of which will be taken up immediately after the disposition of the motion calendar. On the argument of such appeals not more than fifteen minutes will be allowed to each side, except when the court otherwise orders. Appeals from órders which have been placed upon the calendar may be submitted by the parties, with the approbation of the court, at any time during the term, upon delivering to and leaving with the clerk the requisite number of printed copies of the points.

Rule IV. Appeals from orders; filing papers; dismissal; adjournments. Appeals from orders may be noticed for argument on any motion day. The appellant or moving party must file with the clerk of the Appellate Division, at least eight days before the day upon which such appeal shall have been noticed, a note of issue, which shall state the day upon which the notice of appeal shall have been served, and nineteen copies of the papers upon which the appeal is to be heard, printed as required by Rule 41 of the General Rules of Practice, with an affidavit showing the service of three printed copies thereof upon the attorney for the respondent, together with a notice of argument of the appeal with admission or proof of service, and the clerk shall thereupon place the appeal upon the calendar for the day upon which such appeal shall have been noticed. If an appeal shall have been noticed for argument by the respondent, and the appellant or other party whose duty it is to file nineteen copies of the papers upon which the appeal is to be heard, printed as required by the General Rules of Practice, shall fail to file the same at least eight days before the day for which such appeal is noticed, the opposite party may move upon affidavit and upon four days' notice of motion that the appeal be dismissed or that judgment be rendered in his favor.

At any time before three o'clock of the day preceding the day upon which a nonenumerated case shall have been noticed for argument, or to which the hearing thereof shall have been adjourned, the respective counsel may file a written consent with the clerk that the case may be set down for a subsequent motion day; and cases set down will be added to the calendar of that day at the foot of the cases remaining thereon undisposed of without further notice.

Rule V. Calendar of enumerated cases; note of issue; return; dismissal; preferred causes. The clerk will make up a calendar of enumerated cases fifteen days before the commencement of the January term, which shall consist of the enumerated cases upon the preceding calendar undisposed of, to which shall be added new cases which shall have been noticed as hereinafter provided.

The appellant, the plaintiff in a controversy submitted to the court under section 1279 of the Code of Civil Procedure, the relator in a writ of certiorari, or the moving party in a case to be heard as an enumerated case, shall file with the clerk of the Appellate Division, within the time prescribed by Rule 41 of the General Rules of Practice, a printed copy of the papers upon which the appeal or case is to be heard, duly certified as required by the rule, and nineteen copies of the printed papers upon which the case is to be heard, printed as required by the General Rules of Practice, with an admission of service or an affidavit showing the service of three printed copies thereof upon the attorney for the respondent or opposing party. After the printed copies of the papers shall have been duly filed as hereinbefore required, and after the printed copies of the points shall have been filed by the appellant or moving party, as required by Rule VI. either party may notice the case for argument for any day of a term, and upon filing of such notice of argument, with admission or proof of service, with the clerk of the court, and a note of issue which shall state the day upon which the notice of appeal was served. the clerk shall, upon the day for which the same shall have been noticed, place the case upon the calendar at the foot thereof.

In case the party whose duty it is to file and serve the printed papers shall fail to file or serve the same as hereinbefore required, the opposing party may move upon four days notice that the appeal be dismissed, or that judgment or order be rendered in his favor. Either party to an appeal which by law is entitled to a preference may serve with the notice of argument a notice that application will be made on the next motion day for an order placing the cause upon the Day Calendar upon a day named in the notice of motion, and such application will be heard as a motion on the motion day for which the same is noticed.

Rule VI. Day calendar; points. Within twenty days after the papers upon which an

appeal is to be heard shall have been filed with the clerk of the court as required by Rule 41 of the General Rules of Practice and by Rule V of these rules, except when the papers are filed in July, August or September, the appellant, plaintiff in a controversy submitted to the court under section 1279 of the Code of Civil Procedure, the relator in a writ of certiorari, or the moving party in a case to be heard as an enumerated case, shall file with the clerk nineteen printed copies and serve upon the attorney for his opponent three printed copies of the points to be relied upon by him, with a reference to the authorities to be cited. When the papers are filed in July, August or September, then the points must be filed and served at least fifteen days before the first Tuesday of October. Within ten days after such service the respondent or defendant shall file with the clerk nineteen printed copies and serve on the attorney for the appellant or moving party three printed copies of the points to be relied upon by him, with a reference to the authorities to be cited. If the appellant or moving party desires to present points or authorities in reply he shall file with the clerk nineteen printed copies and serve three printed copies thereof on the attorney for his opponent within five days after the receipt of his opponent's points. No points shall be received by the court on the argument or submission of the appeal unless they shall have been filed and served as above provided. At four o'clock on each day the clerk will make up a calendar of fifteen enumerated cases for the next day. A case on such Day Calendar will not be reserved or postponed except by order of the court upon special cause shown. At any time after the filing of a note of issue in an enumerated case, and before it shall have been placed on the Day Calendar, a written consent, signed by the attorneys or counsel who are to argue the case, that the appeal be set down for any future day of the term may be filed with the clerk, and such case shall be placed on the Day Calendar for such day at the end of the cases remaining thereon undisposed of in the order upon which they have been set down, provided that no more than fifteen cases shall be placed on any Day Calendar, and provided that such case would have been reached on the General Calendar if not so set down.

If an appellant or moving party is in default in filing and serving the points hereinbefore required the opposing party may move upon four days' notice to dismiss the appeal or for final judgment or final order, as the case requires. If the respondent is in default in filing and serving the points herein before required he will not be heard except by special leave of the court.

Rule VII. Submission by stipulation. In any case in which the printed copies of the papers upon which an appeal is to be heard shall have been filed with the clerk of the Appellate Division as required by Rule 41 of the General Rules of Practice, and the printed copies of the points filed with the clerk as required by Rule VI of the Rules of the Appellate Division for the First. Department, either party may, by a written stipulation filed with the clerk, submit the appeal upon the printed papers and points. filed as aforesaid.

Rule VIII. Motions for reargument. Motions for reargument must be noticed for the first, second or third motion days after the apeal has been decided. Such motions will only be heard on notice to the adverse party, stating briefly the grounds upon which a reargument is asked, and such motion must be submitted on printed briefs stating concisely the points supposed to have been overlooked or misapprehended by the court, and with proper reference to the particular portion of the case and the authorities relied upon, and a printed copy of the opinion, and counsel will not be heard orally.

Rule IX. Permission to submit brief after argument; counsel having cases on same day in First and Second Departments. No brief or memorandum of authorities will be received by the court after the argument of a motion or an appeal, unless permission be given by the court for its submission after notice to opposing counsel of the application for such permission.

In the event of counsel having cases upon the day calendars of the Appellate Divisions of the First and Second Departments on the same day, such counsel shall attend the court in that department in which his case stands nearest the head of such day calendar; and his case upon the calendar of the other department will be held until the argument of the case is finished in the department in which he is first required to attend.

In the event of counsel having cases upon each of the day calendars of the said departments upon the same day, which stand equally distant from the heads of the respective day calendars, such counsel shall attend court in the First Department.

Rule X. Applications for leave to appeal from Appellate Term to Appellate Division. Applications "to a justice of the Appellate Division of the First Judicial Department," under section 1344 of the Code of Civil Procedure, for the allowance of an appeal to be taken to such Appellate Division from the determination of the justices designated to hear appeals from the City Court of the City of New York and the Municipal Courts of the Boroughs of Manhattan and the Bronx, may be made upon any motion day within two months after such determination, unless the determination is made within two months of the last motion day prior to the first day of July, in which case they may be made on the first motion day in the October term; and must be upon notice of two days to the opposite party or parties, and a note of issue filed, and the same put upon the calendar of motions in the manner provided by Rule 2 of the Appellate Division Rules relating to the hearing of motions. The papers upon which such application is made must contain a copy of the opinion of the justices below, if any, a copy of the printed record in the court below, if any, a concise statement of the grounds of alleged error, and proof of due service of the papers upon which the application is founded. Upon the calling of the motion calendar such applications must be submitted without argument. Such applications will not be entertained unless an application for leave to appeal has first been made to the justices by whom such determination was made, in the manner provided by Rule VII for the regulation of the hearing of appeals from the City Court of the City of New York and the Municipal Courts of the Boroughs of Manhattan and the Bronx, and has been denied.

Rule XI. Application for admission to practice as attorney. Every application for admission to practice as an attorney and counselor at law under Rule 2 of the Rules of the Court of Appeals for the admission of attorneys and counselors at law shall, in addition to the proof required by said rule and by Rule 1 of the General Rules of Practice, present to the court proof of the qualifications required for the admission of an attorney and counselor at law in the state in which he had been admitted and had practiced and the nature of the examination required of an applicant for admission to practice as an attorney and counselor at law in such state.

Every application for admission to practice under Rule 2 of the Rules of the Court of Appeals for the admission of attorneys and counselors at law shall be referred to the committee on character, who shall report to the court upon the character of the applicant and his qualifications to be admitted to practice in the courts of this state, and no person will be admitted to practice on such an application until after the committee on character shall have made its report.

RULES OF APPELLATE DIVISION, SECOND DEPARTMENT

(As amended to September, 1921.)

Rule 1. When court opens. The Court will open at 1 o'clock P. M. to sit till 5 P. M., except that on Fridays the sittings shall be from 10 A. M. to 2 P. M.

Rule 2. Noticing and hearing of motions. The first Monday of the term and the second Friday after the first Monday shall be motion days. A note of issue, stating title of the cause, nature of the motion, the day for which it is noticed and the names of the attorneys, must be filed with the clerk before noon of the day before the day for which the motion is noticed.

Rule 3. Appeals from orders heard on motion days. Appeals from orders will be heard on motion days only for which a non-enumerated calendar shall be made up. Eight days' notice of hearing must be given to the opposite party and a note of issue must be filed as provided in Rule 4.

Rule 4. Note of issue and hearing of non-enumerated appeals. At least 8 days before the day for which such appeal shall have been noticed, the appellant or moving party must file with the clerk, a note of issue, which must state the day when the notice of appeal was served, and must also file with such clerk, as required by Rule 41 of the General Rules of Practice, a printed copy of the papers upon which the appeal or cause is to be heard, duly authenticated as required by the rule, and 17 printed copies of such papers, with proof of service of three printed copies on the attorney for the respondent and the clerk shall place such appeal on the calendar of nonenumerated appeals. If an appeal shall have been noticed for argument by the