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RULES.

RULE VI.

A syllabus of the points decided by the court in each case shall be stated in writing by the judge assigned to deliver the opinion of the court, which shall be confined to the points of law arising from the facts of the case, that have been determined by the court. And the syllabus shall be submitted to the judges concurring therein, for revisal before publication thereof; and it shall be inserted in the book of reports, without alteration, unless by consent of the judges concurring therein.

[This rule has been in force since 1858.-REPORTER.]

RULE XXIX.

Motions for leave to file petitions in error will not be considered, unless counsel for the applicant file with the papers in the case either a printed or plainly written brief, containing a statement of the questions presented, and a short statement of so much of the case as is necessary to show how the questions arise.

RULES FOR ADMISSION TO THE BAR.

1. Applications for admission to the bar will be received on the first Tuesday of each month when the court is in session, and at no other time.

2. At the commencement of each term of the court, there shall be appointed a committee of twelve discreet and judicious attorneys and counselors at law, to be known as the Standing Committee on Examinations, whose duty it shall be to examine all applicants for admission to the bar-any three of whom may conduct an examination.

3. Examination shall be conducted in open court, or by two judges thereof, or in the presence of at least three members of said standing committee; and each member of the committee present at an examination shall report in writing for or against the admission of the applicant.

4. No applicant will be admitted to the oath of office, unless a majority of the examiners present shall certify that they find him to have a competent knowledge of the law, and to have sufficient general learning to discharge the duties of an attorney and counselor at law, and shall recommend his admission.

5. If the applicant, on examination, shall be rejected, he shall not again be admitted to an examination within six months from the date of such rejection.

6. Except as provided in section 561 of the Revised Statutes, each applicant must produce a certificate of qualification, as required by section 560 of the Revised Statutes, signed by his preceptor; and in no case will the certificate of any other attorney or counselor at law be received, unless it be shown by the affidavit of the applicant that his preceptor is dead, or that his certificate can not, for some reason satisfactory to the court, be obtained. And when the certificate of an attorney and counselor at law other than the preceptor of the applicant is produced, it must show that the certifier has personal knowledge of the length of time the applicant has been engaged in the study of the law, and the name of his preceptor.

7. The certificate produced in conformity to the foregoing rule shall not be deemed conclusive evidence of the facts therein stated; but in all cases the court must be satisfied of its truth before the applicant will be admitted to an examination.

8. The applicant must sustain a satisfactory examination upon the law of real and personal property, personal rights, contracts, evidence, pleadings, partnerships, bailments, negotiable instruments, principal and agent, principal and surety, domestic relations, wills, corporations, equity jurisprudence, criminal law, and upon the principles of the constitution of the state and of the United States.

9. Examinations shall be conducted by both oral and written or printed interrogatories. The written or printed interrogatories, and the answers of the applicant thereto, shall be submitted to the court with the report of the examiners, and shall, together with the certificate required by rule No. 6, be filed and preserved by the clerk.

10. Each applicant, upon receiving the oath of office, shall sign a roll, showing the date of his admission and his place of residence. 11. All rules heretofore adopted in relation to admissions to the bar are hereby rescinded.

[NOTE. This volume contains the cases selected for report decided since June 10, 1879. and prior to June 8, 1880.]

CASES

ARGUED AND DETERMINED

IN THE

SUPREME COURT OF OHIO.

DECEMBER TERM, 1878.

(AFTER FEBRUARY 9, 1879.)

HON. WILLIAM J. GILMORE, CHIEF JUSTICE.

HON. GEORGE W. McILVAINE,

HON. W. W. BOYNTON,

HON. JOHN W. OKEY,

HON. WILLIAM WHITE,

JUDGES.

LAWRENCE RAILROAD COMPANY v. COMMISSIONERS OF MAHONING COUNTY.

1. The legislature can not create a liability for acts as to which there was no liability when they were committed; but where a remedy exists, the legislature may change it, as well as to acts theretofore as those thereafter done.

2. The act of March 7, 1873 (70 O. L. 53), which provided a new remedy against those who place obstructions in public highways, applied as well to existing obstructions as to those subsequently placed therein.

3. A railroad company wrongfully laid its track in a public highway, and after it had continued the obstruction more than six years, an action was brought against it under the act of 1873. Held, that neither the limitation of four years, nor that of six years, was a bar to the action. 4. Under the act of 1873, relating to obstructions in highways, the measure of damages, ordinarily, is the cost of removing the obstruction and restoring the highway to its former condition.

5. Where an obstruction is created in a state or county road, and the corporate limits of a municipal corporation are extended over a part of the VOL XXXV-1 (1)

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