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Regulations of examiners

Examiners' Rules 4-6

pleted 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 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, as well as the beginning and the end of each vacation he has had.

Rule V

An applicant who has been admitted as an attorney in the highest court of original jurisdiction of another state or country, and who has remained therein as a practicing attorney for at least one year, 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 one year, 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. 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

Filing certificate nunc pro tunc; fee, etc.

Ct. of App. Rules 7, 8

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 and for which he gives notice as required by these rules. (Amended June 28, 1910.)

NOTE. Applicants should file their papers at the earliest possible moment; amendable defects may be discovered, which can be corrected if attended to promptly.

Rule 7. Filing certificate nunc pro tunc 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 cf an actual examination, are validated and made effectual, and may be accepted as sufficient by the board of law examiners.

See also Butler v. Smalley (1885), 101 N. Y. 71. The papers evidencing a transaction cannot be filed as of a date prior to the transaction. Fawcett v. Vary (1874), 59 N. Y. 597.

A regents' certificate cannot be filed nunc pro tunc, so as to relieve him from passing the examinations within the prescribed time. Matter of Moore (1888), 108 N. Y. 280; Matter of McLeer (1897), 151 id. 663; Matter of Mason (1893), 140 id. 658; Matter of Klein (1898), 155 id. 696. In both of the latter cases the records of the regents failed to show any record of passing the examination on the date claimed. It may, however, be filed as of the date of the completion of the requisite examinations. See Rule 5, subd. 3.

Rule 8. Law examiners; fee for examination, examinations,

oral or written; second examination 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,

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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 fifteen 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 applicant who has failed to pass one examination cannot again be examined, until at least three months after such failure.

See Rules of Law Examiners under Rule 6.

Rule 9. When to take effect

These amendments (of 1908) shall take effect on the first day of June, 1908, but the amendment to subdivision third of Rule V 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.

These rules shall take effect on July 1, 1907.

Certificate of commencement of clerkship

(Ct. of App. Rule 5, subd. 4) I,

do hereby certify, that I am a practicing attorney of the Supreme Court of the state of New York; that John J. Little has this day commenced a regular clerkship in my office, at No.

When to take effect - Ct. of App. Rule 9

street, New York city, under the Rules of the Court of Appeals for the admission of attorneys and counselors-at-law; and that the said Little is upwards of eighteen years of age. Dated,

JOHN SMITH,

Attorney-at-Law.

Registration of attorneys before beginning to practice.

Every person who is hereafter duly licensed and admitted to practice as an attorney and counselor-at-law in the courts of record of this state by an Appellate Division of the Supreme Court, shall subscribe and take and file an oath or affirmation which must be substantially in the following form, the blanks being properly filled before he begins or is entitled to begin to practice for another as an attorney and counselor-at-law in the courts of this state or in any court in the county of New York or in the county of Kings:

STATE OF NEWCOWORK, }

ss.:

County, I,

being duly sworn (or affirmed) do depose and say that I am a natural born citizen of the United States (if naturalized, state when and where) and now reside at

(or, if a resident of an adjoining state and admitted to practice in the courts of record of this state and whose office for the transaction of law business is within this state, state the fact), that I was duly and regularly licensed and admitted to practice as an attorney-at-law or as an attorney and counselor-at-law in the courts of record of this state at the .

term, 18

of the general term (or Appellate Division) of the Supreme Court (or other court as the case may be) held at

and that I took the constitutional oath of office.

Subscribed and sworn to before me, this ...... day of

189... which oath or affirmation shall be filed in the office of the clerk of the Court of Appeals by the person making the same, provided, nevertheless, that such affidavit or affirmation may state that the deponent or affirmant believes that he took the constitutional oath of office in lieu of stating unqualifiedly that he did so, where the affidavit or affirmation states, or in substance shows, the deponent's or affirmant's lack of positive or certain recollection of having taken such oath, or shows other substantial reason for thus qualifying the affidavit or affirmation on that subject.

If any attorney or counselor-at-law or solicitor in chancery or attorney of or in the Supreme Court on the first Monday of July, eighteen hundred and forty-seven, who was entitled to file the said oath or affirmation under the provisions of laws of eighteen hundred and ninety-eight, chapter one hundred sixty-five, as amended, before July first, eighteen hundred and ninety-nine, has failed to do so, the special term of the Supreme Court of the judicial district where such attorney.at-law or attorney or counselor. at-law residee, may, upon proof by affidavit showing reasonable grounds

When to take effect — Ct. of App. Rule 9

therefor, grant an order permitting the applicant to make and file the oath or affirmation required herein, with the same effect as if the same had been made and filed within the time above stated, and relieving him from penalties and prosecutions by reason of failure to make and file such oath or affirmation within the time required.

Every person filing with the clerk of the Court of Appeals the oath or affirmation hereinbefore provided shall pay to the said clerk at the time of such filing the sum of twenty-five cents to defray the necessary disbursements incurred by him in carrying out the provisions of this article.

A person who practices any fraud or deceit or knowingly makes any false statement in the oath or affirmation in and by this section required to be made and filed is guilty of felony. (Judiciary Law, $ 468.)

Official register of attorneys to be kept by clerk of Court of Appeals. It shall be the duty of the clerk of the Court of Appeals to file in his office the said oaths or affirmations aforesaid, and to compile the statements contained therein, and to enter therefrom in a bound book or volume to be kept by him for that purpose, which shall be known and designated as and is hereby made the “official register of attorneys and counselors-at-law in the state of New York,” in the alphabetical order of the first letter of their surnames, the names and residences and the title of the court and the time and place where admitted, and the date the oath or affirmation aforesaid was filed, of all persons who have filed in his said office the oath or affirmation as aforesaid, which said “official register of attorneys and counselorsat-law in the state of New York,” is hereby declared to be a public record and presumptive evidence that the individuals therein named are duly registered to practice as attorneys and counselors-at-law in the courts of record of this state or in any court in the counties of New York and Kings. (Judiciary Law, $469.)

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Filing attorney's oath; duty of clerk. The Court of Appeals has no power on original motion to order the filing of an attorney's oath pro tunc for the purpose of registration. Matter of Caruthers (1899), 158 N. Y. 131.

The duty imposed upon the clerk of the Court of Appeals by the act for the registration of attorneys is independent of the court and with regard to these duties he should be treated as an independent public officer: Matter of Caruthers (1899), 158 N. Y. 131.

Practicing or appearing as attorney without being admitted and registered. -- It shall be unlawful for any person to practice or appear as an attorney-at-law or as attorney and counselor-at-law for another in a court of record in this state or in any court in the county of New York or in the county of Kings, or to make it a business to practice as an attorney-at-law or as an attorney and counselor-at-law for another in any of said courts, or to hold himself out to the public as being entitled to practice law as afore

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