XVI. SUPERSEDEAS-STAY OF EXECU

TION.

1. After præcipe for writ of error is filed, if the plaintiff in error within the time limited by law after rendition of judgment in the court below, shall file the bond required for supersedeas or stay of execution, the clerk of this court shall, upon approving such bond, immediately certify the fact of his having received and approved said bond to the clerk of the district court wherein the judgment was rendered, and thereafter execution of the judgment shall be stayed until the decision of this court is had in the premises. If execution shall have issued from the district court upon its judgment before the said certificate of the clerk of this court is received, the judge of such district court shall supersede the execution of such judgment upon application of any interested party, but such party shall be required to lodge the writ of error in the district court and to produce the said certificate of the clerk of this court before he shall have any supersedeas.

XVII. PREROGATIVE WRITS.

2. PROHIBITION. Petitions; contents. Writs of prohibition shall be applied for upon petition duly verified in the manner required for the verification of petitions in other cases. Such petition shall state in concise form the grounds upon which the application is made and shall be presented to the court, or a justice thereof. If the cause shown appears to the court or justice, to be sufficient, a writ shall thereupon issue, which shall command the respondent to desist and refrain from further proceedings in the action or matter specified therein until the further order of the court thereon, and to show cause on some day to be fixed in the writ, why he should not be absolutely restrained and prohibited from any further proceedings in such action or matter.

3. ANSWER-DAY. The court or justice shall in said writ designate the answer-day and direct the manner of service thereof: Provided, however, the day fixed for the answer of the party to whom the writ is directed shall not be less than ten days after service shall be made; and provided further, such service shall be by copy of the writ.

5. HEARING. Upon the filing of the answer of the respondent, the court shall set a day for the hearing of the application for the writ and also fix a day for pleading to such answer, if such pleading is not already filed. Upon such hearing, the parties may introduce such evidence by affidavits, original files of the trial court or otherwise as they may desire or as may be required by this court.

4. PLEADING TO WRIT. To the writ issued 1. APPLICATION. Contents of. In any ap-in accordance with Sec. 3 of this rule, an anplication made to the court for a writ of swer shall be made by the party against habeas corpus, mandamus, quo warranto, or whom the writ issues: Provided, however, for any prerogative writ to be issued in the that in lieu of such answer such party may exercise of its original jurisdiction and for by demurrer or motion question the sufficienwhich an application might have been law-cy of the petition filed, subject to the rules fully made to some other court in the first of pleading governing other proceedings uninstance, the petition shall, in addition to der the Code of Civil Procedure. the necessary matter requisite by the rules of law to support the application, also set forth the circumstances which, in the opinion of the applicant, render it necessary or proper that the writ should issue originally from this court, and not from such other court, and the sufficiency or insufficiency of such circumstances so set forth in that behalf will be determined by the court in awarding or refusing the application. In case any court, justice or other officer, or any board or other tribunal, in the discharge of duties of a public character, be named in the application as respondent, the petition shall also disclose the name or names of the real party or parties, if any, in interest or whose interest would be directly affected by the proceedings, and in such case it shall be the duty of the applicant obtaining an order for any such writ, to serve or cause to be served upon such party or parties in interest, a true copy of the petition and of the writ issued thereon, and to file in the office of the clerk of this court evidence of such service.

6. JUDGMENT OF THE COURT. The court, after hearing the proofs and allegations of the parties, shall render judgment, either that a writ of prohibition absolute, restraining the respondent, shall issue, or that such writ be denied, and may make and enforce such order in relation to costs and charges as may be deemed just.

7. CERTIORARI. Application; service and return. Writs of certiorari shall be allowed upon application therefor in writing duly verified, unless the facts be admitted by the opposite party. Such writ shall be served and made returnable in such manner and within such time as the court shall order.

That hereafter all applicants for examina-academic education and where it was retion and for admission to the bar on certifi-ceived, the name and address of the lawyer cate must file their applications together with with whom he proposes to study and a cerall necessary papers with the secretary of the board, at Santa Fé, not less than thirty days before the time set for holding examinations.

tificate from such lawyer, as to his willingness and ability to give the student proper direction and supervision in his studies. At intervals of six months after such student has filed such certificate, the lawyer with whom he is studying shall certify to the secretary of the Board of Bar Examiners, the amount of time devoted by such student to the study of the law and the subjects cover

That with reference to section 340, Code 1915, applicants for admission without examination must have practiced three years immediately prior to the filing of the application and a proper certificate other than the certificate of the applicant, shall be required|ed thereby. to show such fact.

V.

X.

That, unless otherwise announced, the That no application shall hereafter be con- Board of Bar Examiners shall hold an examsidered unless the fee prescribed by law ac-ination at Santa Fé, on the second Tuesday company the application; and it shall be the of August of each year, in addition to the duty of the secretary of the board to so no- examination in January as prescribed by law. tify any applicant failing to remit the fee with the application as provided by statute.

VI.

That no form of application be issued by the Board of Bar Examiners, but applicants shall prepare same in accordance with the provisions of section 338, Code 1915, and the said form as prepared shall constitute part of the examination of applicant.

VII.

XI.

That no temporary license shall be granted an applicant therefor unless such applicant shall have filed with the Board of Bar Examiners his application for admission to the Supreme Court.

XII.

That the form of the temporary license issued by the various district courts be changed so as to conform with section 351, Code 1915, and that the several district clerks re

That an applicant who has taken exam-port at once to the secretary of the Board of ination twice, as prescribed by law, and fail- Bar Examiners whenever and to whom such ed, shall not be permitted to again become an temporary licenses may have been granted, applicant until two years after his last fail-as provided by law.