RULES FOR REGULATING THE PRACTICE OF THE District Court FOR THE CITY AND COUNTY OF PHILADELPHIA. Attorney. WHEN any person applies to be admitted an attorney of this court, he shall be directed to be examined: three gentlemen of the law shall be appointed by the court, for that purpose, who, in the presence of the president of the court, if he can attend, or in case of his absence, in the presence of two other of the judges, shall examine the person in the fullest manner, and unanimously certify to the court, in writing, that he is well qualified to practise, before he shall be admitted. No person shall hereafter be admitted to practise as an attorney or counsellor at law in this court, unless he hath served a regular clerkship within this state, to some practising attorney or gentleman of the law, of known abilities, for the term of three years; or hath served such clerkship, partly in one of the neighbouring states of New Jersey, Delaware, or Maryland, and partly in this state, the last year of which service shall have been in this state. 1812. February 1. 1812. Provided however, that this part of the rule shall have no retrospect, as to such persons who have studied part of their time in other states than those above mentioned, and have begun their last year's studies in this state, prior to the making of this rule; nor until such person shall produce to the court a certificate from three gentlemen of the law, to be appointed by the court, for that purpose, that the said person hath undergone an examination by them, in the presence of the president or two other judges of this court, and hath satisfied them that he is well qualified to practise. Provided always, that in case of a person applying to be admitted, who shall appear to have studied the law with assiduity, under the direction of some practising attorney or gentleman of the law in this state, for the term of two years after his arrival at the age of twenty-one years; or partly in one of the said neighbouring states, and partly in this state (the last year being in this state); and being a person of integrity, and certified in manner aforesaid to be well qualified, he shall be admitted. And provided likewise, that attornies at law, residing, practising and originally admitted in one of the said states of New Jersey, Delaware, or Maryland; and being persons of good character and known abilities, may be admitted at the discretion of the court: but no citizen or inhabitant of any other state shall be admitted, until he shall have resided within this state two years next preceding his application for admission; nor shall any alien or foreigner be admitted to practise as an attorney or counsellor in this court, until he shall have resided within the state four years, next before his application for admission, and have taken an oath of fidelity to this state. Persons who have studied the law in this state, in some other county than Philadelphia, shall first be admitted in the county where they studied, before they can be admitted here, unless a satisfactory reason is shewn to the court for such non-admission: and notwithstanding such admission, they shall undergo the usual examination here, unless they have been likewise admitted in the supreme court. All agreements of attornies, touching the business of the court, shall be in writing, otherwise they will be considered as of no validity. No attorney of this or any other court, or sheriff's officer, bailiff, or other person concerned in the execution of process, shall be permitted or suffered to become special bail in any action or suit depending in this court, unless he shall obtain leave of the court. Where three or more counsel are concerned on each side, one of the counsel maintaining the affirmative of the issue, shall open the case, state the facts and, if necessary, the principles of law on which the case is founded, call and examine the witnesses, and read the papers: One of the opposite counsel shall then open his case, and proceed in like manner: when the evidence is closed, one of the counsel on the affirmative side of the question shall sum up, going fully into the points in controversy, and reading all the authorities which he and his colleagues mean to produce. The two opposite counsel shall then speak in succession. The remaining counsel on the affirmative side shall then be heard in reply: the reply is to be confined to the points made by the opposite counsel, and to the enforcing those made by his colleague. All the counsel are to endeavour to avoid going over the same ground with the preceding colleagues. When two counsel only are concerned on each side, the same course shall be adhered to, as nearly as may be, Alternative speaking shall be wholly abolished. 1812. Bail. When attornies issue writs of capias against defendants from whom they do not require bail, they will mark their precepts with the words "no bail required," which the prothonotary must endorse on the writ; in which case the sheriff or his officer is to serve the defendant with a copy of the writ, as in cases of summonses; and the defendant, on such service, must subscribe a note with these or the like words; "I here 1812. by empower the prothonotary to enter my appearance to this action," which subscription is to be attested by the officer who serves the writ; and in all cases where common bail is ordered by a judge, the like note to the prothonotary must be subscribed and attested by the officer. The manner of giving notice to the plaintiff, to shew cause before a single judge, shall be by application to the judge himself, who will issue his citation for that purpose, appointing such time and place for the hearing, as he shall find convenient to himself and the parties concerned. A rule to shew cause of action, and why the defendant shall not be discharged on common bail, must be moved for before the end of the first week of the term, to which the process is returnable; this rule is to extend to foreign attach ments. In all cases, where a positive affidavit of a real subsisting debt, shall be made by the plaintiff in the cause, or by a third person, whose knowledge and situation shall enable him to make such positive affidavit, it shall be so far conclusive, that no counter-affidavit shall be admitted; but the judge will, at his discretion, ask such further questions of the person making such affidavit, as shall be necessary to satisfy his conscience, as well to the cause of action, as to the quantum of the bail. When an affidavit is not positive, but yet sufficient to convince the judge that there is a good cause of action, especially where it is founded on a bond, note, letter, or other papers, sigued by the defendant, the judge may, at his discretion, hold the defendant to bail; and in cases where satisfaction cannot be otherwise obtained, counter-affidavits may be admitted; so nevertheless, that the merits of the cause be not any further enquired into, than shall be absolutely necessary' to decide the question of bail. The actions wherein bail is of course, or where discretionary, shall be regulated by the books of practice. When the plaintiff himself is not present, and the evidence of the debt is brought from a foreign country, founded on any bonds, notes, bills of exchange, or other papers, executed, |