COURT RULES. SUPREME COURT OF SOUTH CAROLINA. November Term, 1901. spondent, whether the time allowed appellant for his opening argument (one hour) be consumed or not: Provided, further, that such time may be extended upon special application, in writing, to be filed before the case is called for hearing, stating reasons satisfactory to the court for such extension. It is ordered that rule 13 of this court, as in which to reply to the argument of rerecently amended, be further amended by inserting therein the following additional proviso: "Provided, however, that the counsel for appellant be allowed twenty minutes in which to reply to argument of respondent, whether the time allowed appellant for his opening argument (one hour) be consumed or not," so that the rule as amended shall read as follows: "In the hearing of causes in this court, counsel will be limited to one hour on each side, in which will be counted the time occupied in reading the brief or case; and the time thus allowed may be apportioned amongst the counsel on the same side at their discretion: Provided, however, that the counsel for appellant be allowed twenty minutes "Counsel, in the course of their argument, will not be permitted to read from books, except by special leave of the court, which will only be granted in such exceptional cases as, in the opinion of the court, may call for a departure from this rule. When counsel wish to quote from books, they will be required to use written or printed extracts therefrom." CIRCUIT COURT OF SOUTH CAROLINA. Amendments to Circuit Court Rules Adopted by the Convention of Judges, December 18, 1901. Resolved, that rule 10 of the circuit court | made on notice, as in the case of any other be stricken out and the following be insert- interlocutory application, for an order fixed in lieu thereof: ing the amount for which such security or Rule 10. If the plaintiff resides beyond the any additional security shall be given. This state, security of costs may be required. | rule shall not be construed as to prevent the Whenever security for costs shall be requir- plaintiff, or others for him, when security ed, the following form, and no other, shall for costs is required, from the deposit of a be regarded as a compliance with the order: sum of money, as authorized by the act entitled "An act to authorize the deposit of money in proceedings in the courts of this state as security in lieu of bonds and undertakings," approved 17th February, A. D. 1897, the sum to be deposited to be fixed by the clerk as hereinbefore provided. State of South Carolina, County: (A. B. vs. C. D.) Complaint for, I (or we, as the case may be) acknowledge myself (or ourselves) liable for the costs of this case in the sum of dollars, and consent that, if the plaintiff fails to recover, the defendant may have execution for his cost against me (or us, as the case may be), for not exceeding said Given Resolved, that rule 38 of the circuit court under hand, this day of A. be stricken out and the following be insertD. 1901. E. F., Witness. Approved: C. H., Ced in lieu thereof: C. P. and G. S. The amount to be inserted there shall be fixed by the clerk after careful examination of the whole case: Provided, however, that if the same, in the opinion of any party to the cause, is insufficient, application may be 40 S.E. Rule 38. In actions for the recovery of money only, when the summons has been served by the publication, under section 156 of the Code of Procedure, and the defendant is a nonresident of the state, no judgment shall be rendered unless the plaintiff or his (V) On motion, the following new rule was adopted: Rule 75. In any case where a petition and bond for removal of any cause pending in any court of this state to any court of the United States shall have been filed, no order accepting the said petition and bond, or directing the cause to be removed, shall be made except after due notice of application therefor to the other parties to the action, as in the case of interlocutory applications requiring notice. On motion, the following new rule was adopted: agent, at or before the time of making the application for judgment, shall have been examined on oath respecting any payments that have been made to the plaintiff or to any one for his use on account of the demand mentioned in the complaint, and shall show by affidavit that an attachment has been issued in the action and levied upon property belonging to the defendant, which affidavit shall contain a specific description of such property and a statement of its value, and shall be filed with the proof of publication. Before judgment is rendered, the plaintiff shall (unless the court in its discretion dispense with the same), cause to be Rule 76. Whenever any pleading or other filed an undertaking in such amount as shall paper in an action is not filed within the be ordered by the court, with security, to be time required by section 416 of the Code of approved by the court, or the clerk thereof, Procedure, any party to the action may apthat the plaintiff will abide the order of the ply, after due notice, to the court or a judge court touching the restitution of any estate thereof, at chambers, for an order requiring or judgment to be transferred or delivered, the party or attorney having served such or the restitution of any money that may be pleadings or in possession of such paper to collected under or by virtue of such judg-file the same (or a copy, if the original pleadment, in case the defendant or his represen- ing or paper be lost or destroyed within a tative shall apply, and be admitted to defend time limited), and on failure to do so such the action, and shall succeed in such de- party or attorney may be proceeded against fense. as for contempt. SUPREME COURT OF APPEALS OF VIRGINIA.1 Amendment of Rules and Regulations for Licensing Persons to Practice Law. In the supreme court of appeals, held at the state library building, in the city of Richmond, on Tuesday, the 11th day of March, 1902, It is ordered that the third clause of "Rules and Regulations for Licensing Persons to Practice Law" be amended so as to read as follows: 1 For rule as originally adopted, see 27 S. E. xvi. 3. An annual examination will be held at each place of session of the court, as follows: At Richmond, on the first Friday of the January term; at Staunton, on the first Friday of the September term; and at Wytheville, on the fourth Tuesday in June. No examination of any applicant will be made at any other time than on the days herein named. Ausley v. American Tobacco Co. (N. C.)... 819 Brown v. Bradshaw (Va.).. 617 4 Baggett v. State (Ga.). 261 Baker v. Irvine, three cases (S. C.). Bank of Americus, Fowler v. (Ga.). Barber, Chemical Co. v. (N. C.). Barden v. Stickney (N. C.). Barfield & Wilson Co., Crumpler v. (Ga.) 808 Barnes v. Carter (Ga.)... 993 Brown v. Gorsuch (W. Va.). 376 45 224 776 281 1030 652 948 717 Childs v. Moran (Ga.).. Chitty v. Pennsylvania R. Co. (S. C.).. 1037 Currell, Macon, D. & S. R. Co. v. (Ga.).. 238 689 20 Dancer v. Town of Mannington (W. Va.)... 475 800 805 271 944 Daniel Pratt Gin Co. v. Timmerman (S. 941 296 City Mills Co. v. Columbus Power Co. (Ga.) 800 .1004 1003 728 Davis v. Living (W. Va.). 365 754 Davis, Offield v. (Va.).. 910 |