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4. No application or other proceeding is now pending against me as such Solicitor in this Court or elsewhere, nor do I expect or apprehend that any application or proceeding will be made, had, or commenced against me as such Solicitor.

5. On the

day of

instant (or last) I handed (or caused to be handed) to the Honorary Secretary to the Council of the Bar of New South Wales, and also to the Secretary to the Incorporated Law Institute, a written notice of this application.

Sworn by the Deponent on the day first

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RULES-2nd DECEMBER, 1909.

Thursday, the second day of December, 1909.

It is hereby ordered that Rules 470 and 483 of the Rules of the 22nd December, 1902, and Form No. 37 in the First Schedule thereto, be, and the same are hereby repealed, and the following Rule and Form substituted therefor:

470. Every person desirous of presenting himself for the Matriculation Examination of the University of Sydney under subsection (a) of Rule 436, shall give notice thereof to the Secretary, and pay to him a fee of five pounds, not less than sixteen days before the day appointed for such examination.

This Rule is now repealed; see Rules 10th Dec., 1912, post.

483. Every person applying for admission under sub-clause (h) of Rule 428 shall, seven days before such application, serve written notice thereof upon the Secretary to the Incorporated Law Institute, and also upon the Honorary Secretary of the Council of the Bar of New South Wales. He must also file an affidavit in Form No. 37 contained in the First Schedule.

Rules 476 and 482 inclusive shall not apply to any such

person

In the Supreme Court

G. B. SIMPSON, A.C.J.
H. E. COHEN, J.
ROBERT D. PRING, J.

Form No. 37.

of New South Wales.

In the matter of A.B., a Barrister-at-Law, and the "Legal Prac

titioners' Act, 1898."

On the

thousand nine hundred and

day of

in the year one A.B., of Sydney, in the State of New South Wales, Barrister-at-Law, being duly sworn, makes oath and says as follows:

1. I was admitted as a Barrister by this Honorable Court on the
day of
in the year one thousand

eight hundred and

2. Since that date I have been engaged in the practice of my profes-
sion as a Barrister-at-Law at
(or as the case may be).

3. I am desirous of having my name removed from the Roll of Bar-
risters in this Honorable Court with a view to being admitted

as a Solicitor of this Honorable Court, under and by virtue of "The Legal Practitioners Act, 1898."

4. On the

day of

instant (or last) I

handed (or caused to be handed) to the Secretary of the Incorporated Law Institute and also to the Honorary Secretary of the Bar of New South Wales a written notice of this application.

Sworn by the Deponent on the day first

above mentioned, at Sydney, before

me,

A Commissioner for Affidavits.

RULES-17th DECEMBER, 1909.

Friday, the 17th day of December, 1909.

I is hereby ordered that Rule 448 of the Rules of the 22nd December, 1902, be rescinded, and the following Rule substituted therefor :

448. All Examinations shall be held in Sydney, at such place and on such days during each term as the Board shall appoint: Provided that examinations may be held at such country towns as may from time to time be directed by the Judges, or any three of them, on such conditions as may be approved by them.

G. B. SIMPSON, A.C.J

H. E. COHEN, J.
ROBERT D. PRING, J.

In pursuance of the Rule of 17th December, 1909, we hereby direct that Examinations by the Solicitors' Admission Board may be held at the following country towns:

Broken Hill,
Deniliquin, and
Lismore,

subject to the services of the Police Magistrate for the district, or of some other person to be approved by the Judges, or any three of them, being available for the supervision of the Examination, to a fee of £2 12s. 6d. being paid by the candidate, in addition to the prescribed examination fee, and to all candidates forwarding to the Secretary notice of their desire to be examined at any such country town at least one month before the Examination takes place.

Dated this 17th day of December, 1909.

G. B. SIMPSON, A.C.J.

H. E. COHEN, J.

ROBERT D. PRING, J.

RULES-21st MARCH, 1910.

Wednesday, the twenty-first day of March, 1910.

The following rules shall apply to the taxation under or pursuant to "The Legal Practitioners' Act, 1898," of the fees, charges, and disbursements of solicitors :

1. All items of disbursements which the solicitor claims, but has not paid at the time of the delivery of his bill of fees, charges, and disbursements, must be set out under a separate heading in the bill.

paid.

2. The bill must expressly state that all such items have not been

3. When any such bill has been prepared in accordance with the preceding rules, but not otherwise, the Taxing Officer may, subject to the provisions of these rules, allow all or any of such items if he is satisfied that the liability of the solicitor to pay the amounts claimed (including fees of counsel) was properly incurred on behalf of his client prior to the delivery of the bill.

4. In no case shall any of such items be allowed unless the amount thereof has been actually paid before the commencement of the taxation.

5. All items of disbursements shall, for the purpose of computation of the sixth of the amount of a solicitor's bill be deemed to be included in and form part of such bill whether such items have been set out under a separate heading or not.

6. In no case shall any disbursement be allowed on taxation unless the Taxing Officer is satisfied that it has been properly made on behalf of the client.

7. Any decision of a Taxing Officer made or given in pursuance of these rules shall be subject to review by the Court or a Judge.

8. The question as to whether any disbursement or payment should be included in the bill or in the cash account, shall be decided by the Taxing Officer independently of these rules.

W. P. CULLEN, C.J.

H. E. COHEN, J.
ROBERT D. PRING, J.
P. W. STREET, J.

R. M. SLY, J.

RULES 7th JULY, 1910.

Thursday, the seventh day of July, 1910.

Rule 33 of the Rules of 22nd December, 1902, is hereby amended by substituting the words "Grafton-Tweed railway line" for the words Lismore-Tweed railway line" in the last clause thereof.

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W. P. CULLEN, C.J.
ROBERT D. PRING, J.
ALEXANDER GORDON, J.

RULES-7th JULY, 1910.

In the Supreme Court

of New South Wales.

Thursday, the seventh day of July, 1910.

Rules 150, 151, 152, 153, 154, 155, 156, 157, 158, 327,337, and 476 of the Rules of the 22nd December, 1902, and Rules 2 and 4 of the Rules of the 24th November, 1909, are hereby rescinded and the following Rules promulgated in their place :--

The Rules abovementioned are printed in the Supreme Court Practice, except the Rules of the 24th November, 1909, which were Rules dealing with the order of business in the Full Court, and are to be found in the Law Almanac of 1910; the Rule next following takes their place.

495. Unless otherwise ordered, matters for hearing before the Full Court shall be taken in accordance with the following directions: (a) Any matter which, in the opinion of the Court, should be disposed of immediately, may be heard forthwith, or at such time as the Court appoints.

(b) Criminal and other Crown cases will have precedence on Fridays.

(c) Subject to the provisions of clause (a) hereof, Motions generally will have precedence on Mondays and Fridays.

(d) Subject to the preceding clauses, every matter in the Term paper will be heard in the order in which it is entered in the Term book.

150. Every application for a nonsuit, or for a new trial, or in arrest of judgment, or for judgment non obstante veredicto, for or a venire de novo, or to enter a verdict, or to increase or reduce the amount of the verdict, shall be by notice of motion, and no rule nisi order to show cause or formal proceedings other than such notice of motion shall be made or taken. The moving party shall within eight days (or in causes tried at Circuit Courts within fourteen days) after the trial file a notice of appeal, together with all affidavits to be used in support of such motion. Provided that any such affidavits may, by leave of the Court or a Judge, be filed at a later date.

By this and the following Rules the old practice of moving for a rule nisi for a new trial is abolished.

151. Every such notice of motion shall state the day or days on which the cause was tried, the verdict given or other termination of the trial, the motion intended to be made, and the grounds on which it will be made; and when the party had counsel at the trial shall be signed by one of such counsel.

For cases on signature of the old memorandum by counsel, see S.C.P., p. 398, and post, Notes of Cases under reference S.C.P., P. 398.

151a. A copy of every such notice of motion shall be left at the chambers of the Judge before whom the cause was tried on the day on which it is filed, and a copy thereof, and of any affidavit that may be filed in support thereof, shall on the day on which it is filed be served upon each opposing party or upon each solicitor on the record.

152. On or before the last day limited for filing such notice of motion, the moving party shall order a copy of the notes of the Judge before whom the cause was tried, and within eight days after receiving the same shall file a printed copy of such notes, and at the same time lodge three additional printed copies, and shall also within the same time serve four printed copies upon all parties upon whom a copy of the notice of appeal is required to be served: Provided that a Judge may on such conditions as he thinks fit extend the times for ordering, filing, lodging, and serving copies of such notes, or may dispense with the printing or ordering of such notes.

For cases on Judges' Notes under the old practice, see S.C.P., pp. 397, 398, and post, Notes of Cases, under reference S.C.P., p. 398.

154. Every such notice of motion shall be for the first day on which the Court sits in Banco after the expiration of sixteen days from the filing of such notice: Provided that no matter in which printed copies of the Judge's notes have to be filed and served shall be called on for hearing before such copies have been filed and served, or the time for so doing has expired, unless the Court or a Judge otherwise directs.

155. The moving party will be restricted upon the hearing to the grounds specified in the notice of motion.

157. The Associate of the Judge who tried the cause shall attend the Court on the hearing of the motion with the issues, exhibits, and other papers, and shall discharge thereafter the duties of the Prothonotary in respect of such motion until the same is disposed of.

158. Where a notice of motion under Rule 150 hereof has been filed and no motion is made when the case is called on for hearing, the motion shall, unless the Court otherwise orders, be dismissed with costs.

158a. Where any such notice of motion is filed it shall not operate as a stay of execution, except in cases where the Judge has reserved any point or given leave to move the Court in respect of any point.

158b. These Rules shall come into force and apply to all matters in which no memorandum of intention to move for a new trial, &c., has been filed on or before the 23rd day of July instant: Provided that in matters in which such memorandum has been filed before that date the memorandum may, upon the consent in writing of all parties, or their Solicitors, being filed, be treated as a notice of motion under these Rules.

W. P. CULLEN, C.J.

ROBERT D. PRING, J.

ALEXANDER GORDON, J.

RULES 13th DECEMBER, 1910.

Tuesday, the thirteenth day of December, 1910.

It is hereby ordered that Rule 1 of the Rules of the 7th Nov ember, 1906, relating to appeals from the Dental Board be amended by

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