(Sornell Haw ^rtyaol IGibrary 
 
. Cornell University Library 
 
 KFP 529. A2 1892 
 
 Court rules : 
 
 3 1924 024 704 730 
 
The original of this book is in 
 the Cornell University Library. 
 
 There are no known copyright restrictions in 
 the United States on the use of the text. 
 
 http://www.archive.org/details/cu31924024704730 
 
COURT RULES 
 
 COMPRISING THOSE OF THE 
 
 Supreme Court of PennsylYania, 
 
 WITH THE EQUITY RULES, 
 
 AND THE 
 
 RULES OF THE COURTS OF 
 
 Common Pleas and Quarter Sessions 
 
 AND OF THE 
 
 Orphans' Court 
 
 OF 
 
 PHILADELPHIA COUNTY. 
 
 WITH A GENERAL INDEX. 
 
 COLLATED AND ANNOTATED BY 
 
 WILLIAM A. HAYES 
 
 OF THE PHILADELPHIA BAR. 
 
 PHILADELPHIA : 
 
 William J. Campbell, Law Publisher, 
 
 740 Sansom Street. 
 
 1892. 
 
r Jf/76t 
 
GENERAL OBSERVATIONS ON RULES. 
 
 I. — Definition of Rule. 
 
 A rule of court is an order made by a court of competent 
 power for the purpose of regulating the practice therein. 
 
 It is either general or special. General when it is a 
 standing order and regulates the practice of the court in 
 all; similar cases. Special when it is an order made and 
 applying to a particular case only. 
 
 II. — Authority of Courts to make Rules. 
 
 The authority of courts of record to establish general 
 rules of court is inherent, and may be confirmed by legis- 
 lative enactment. 
 
 The power to make rules regulating its practice, is 
 inherent in every court of record, and existed prior to any 
 express legislative enactment. Barry vs. Randolph, 3 
 Buin. 277 (Dec. 22, 1810). Courts must of necessity possess 
 this power, in order to facilitate business, prevent un- 
 necessary delay, and promote substantial justice. Duncan 
 vs. Bell, Johnston, Jack & Co., 28 Pa. st. 516 (Armstrong, 
 J. , 1857). ' ' Without this power, it would be impossible for 
 courts of justice to dispatch the public business. ' ' Snyder et 
 al. vs. Bauchman, 8S. and R. 336 (Duncan, J., June, 1812.) 
 
 That the power inherently exists in the courts of this 
 state, is established beyond question. Barry vs. Randolph 
 (supra), Vanatta vs. Anderson, 3 Binn, 417 (Apr. 2, 181 1) ; 
 Snyder et al. vs. Bauchman {supra); Duncan vs. Bell, 
 Johnston, Jack & Co. , (supra) ; Russell vs. Archer, 76 Pa. 
 st., 473 (Mercur, J., Jan. 4, 1875); Lehman vs. Howley, 95 
 Pa. st, 295 (Sterrett, J., Oct. 18, 1880); Wilkesbarre vs. 
 Felts, 134 Pa. St., 529 (Mays, l8 9°)« 
 
The" courts never doubt their authority to make rules to 
 regulate their practice. In Vanatta vs. Anderson {supra), 
 Chief Justice Tilghman said : " It is remarkable that many- 
 regulations of the practice, with respect Jx> bail, dilatory 
 pleas, etc., which was introduced into England by statute, 
 have been the objects of rules of court in this country." 
 
 In Flisher vs. Allen, 141 Pa. St. 525, {per curiam, April 
 13, 1891) it was said in speaking of a rule which the com- 
 mon pleas courts of Philadelphia county had adopted, and 
 which it was contended was unconstitutional, ' ' the power 
 of the courts of common pleas to adopt rules of practice is 
 too well established to be now questioned. The only limi- 
 tation of the powers is that they must not be contrary to 
 law nor unreasonable. ' ' 
 
 The power to make rules, includes the power of altering 
 or amending them at pleasure, so as best to answer the 
 public good. 1 Stra. 315; 1 W. Bla. Rep. 264. 
 
 But independent of their inherent power, the courts of 
 record in this state have express legislative power to make 
 law rules. 
 
 Express statutory authority was conferred upon the Su- 
 preme Court. 
 
 1. By the sixth section of act 25 September 1786. " The justices of 
 the supreme court have full power and authority, and are hereby directed 
 to make and establish such rules for regulating the practice of said court 
 and expediting the determination of suits, as they in their discretion 
 shall judge necessary." 2 Sm. 392. 
 
 2. By section 13, act 20 March, 1799. "That the justices of the su- 
 preme court, or a majority of them, from time to time, as occasion shall 
 require, may establish and declare what rules for the better conducting 
 and expediting the business of said circuit courts shall be considered as 
 of course, and what rules are discretionary, according to the circum- 
 stances of the case, and grantable only on motion ; and the several attor- 
 neys shall have the power of directing the prothonotaries of the several 
 circuit courts to enter on their doquets such rules as shall be of course 
 according to the said regulations, without any application to the court 
 for that purpose ; and that the justices of the said supreme court, either 
 in bank at Philadelphia, or at the said circuit courts respectively, shall 
 on application made to them, have full power to enforce the due execu- 
 
Ill 
 
 tion and returns of writs and process, and make and enforce such rules 
 and orders respecting the said actions or suits, which shall be depending 
 in the said several circuit courts, as they shall see fit ; and a certificate 
 of the prothonotary of the said supreme court, under seal, of the same 
 rules and orders, shall be filed and entered on the doquets of the said 
 several circuit courts, and have the same validity and effects as if made 
 in the said circuit courts respectively. 4 Dallas 362, P. L. 1826-27, 
 appendix 9. Section eight of same act gave power to make rule for tak- 
 ing depositions. 
 This act was re-enacted by act 8 April, 1826, P. L. 1826-27, appendix 
 
 -2. 
 
 3. By section 3, of act 16 June, 1836, P. L. 784, 786, which provides: 
 "" That the supreme court for itself and the courts of common pleas, 
 •district courts and orphans' court shall by rule of court, establish new 
 writs and forms of proceedings." 
 
 Section 13, P. L. 789. " The supreme court may by general rules and 
 Tegulations alter the practice in equity." 
 
 Section 21, P. L. 792. " Each of said courts (supreme, common pleas, 
 •oyeT and terminer, quarter sessions, and orphans' court) shall have full 
 power and authority to establish such rules for regulating the practice 
 ■thereof respectively, and for expediting the determination of suits, 
 -causes and procedings therein, as in their discretion they shall judge 
 necessary or proper : Provided, that such rules shall not be inconsistent 
 with the constitution and laws of this Commonwealth." 
 
 Statutory authority was conferred upon the District Courts 
 and Courts of Common Pleas. 
 
 Upon the District Courts : 
 
 By section 6, act 11, March, 1836, P. L. 77 and section 3, act 29, April, 
 1844. " The said court, sitting in bank, shall have power from time to 
 time, by general rules and orders, to make such alterations and regula- 
 tions in respect to the time and manner of pleading, and the form and 
 effect of pleadings, and the verifications and amendment thereof, and to 
 variances occurring between the cause or causes of action alleged, and 
 the evidence offered in support thereof, in suits brought in said court, 
 and such rules for carrying the same into effect, either by way of staying 
 proceedings in the action, or by the payment of costs, or otherwise, as 
 shall be conducive to fairness, economy and dispatch in the trial of 
 such actions; Provided, that nothing herein contained, shall be so con- 
 strued as in any way to impair or effect the provisions of the fifth sec- 
 tion of the act passed March, 21, 1806, entitled an act to regulate arbi- 
 tration, and proceedings in courts of justice." 
 
IV 
 
 Upon the Courts of Common Pleas. 
 
 i. By section 6, article v, constitution of 1874. " In the counties of 
 Philadelphia and Allegheny, all the jurisdiction and powers not vested 
 in the district courts and courts of common pleas, subject to such changes 
 as maybe made by this constitution, or bylaw, shall be, in Philadelphia, 
 vested in four, and in Allegheny, in two distinct and separate courts of 
 equal and co-ordinatejurisdiction. * * * 
 
 " In Philadelphia * * * the several courts shall distribute and ap- 
 portion the business among them in such manner as shall be provided 
 by rules of court." See p. 73, General Rules of C. P. apportioning the 
 business. 
 
 2. Act 24, May, 1878, P. L. 135. 
 
 Section 1. That the several courts of common pleas of this common- 
 wealth, be and are hereby authorized to direct, by rule or standing order, 
 that all writs used for the commencement of actions may, at the election 
 of the party suing out the same, be made returnable on the first day of 
 the next term, or on the second, third or fourth Monday of any interme- 
 diate month. 
 
 Section 2. That said courts shall have full power to make all neces- 
 sary rules and regulations for the transaction of all business brought 
 before them ; * * * 
 
 Authority was conferred by statute upon the Orphans' 
 Court : 
 
 1. By section 58, act 29 March, 1832, P. L. 213. The several orphans' 
 courts shall have power * * * and from time to time, to make rules 
 for the regulation of the practice of said courts, not inconsistent with 
 this act. 
 
 2. By section 21, act 16 June, 1836. (Page III.) 
 
 3. By constitution of 1874, art. v, section 22. " In every county wherein 
 the population shall exceed one hundred and fifty thousand, the Gen- 
 eral Assembly shall, and in any other county may, establish a separate 
 orphans' court, which shall exercise all the jurisdiction and powers now 
 vested in, or which shall hereafter be conferred upon the orphans' 
 courts." 
 
 4. By act 19 May, 1874, section 6, P. L. 206. " The said courts (O. C.) 
 shall have and exercise all the jurisdiction and powers now vested in 
 or which may hereafter be conferred upon the orphans' and registers' 
 courts of said counties. * * * 
 
 Section 9. The said courts shall have power to make all rules neces- 
 sary for the exercise of the power hereby or which may hereafter be con- 
 ferred. 
 
 5. By act 18 March, 1875, section 1, P. L. 29. 
 
Section i. That the judges of the separate orphans' courts of this com- 
 monwealth respectively, shall have power and are hereby authorized to 
 establish, in their discretion, such rules and regulations as they may 
 deem proper for the publication of advertisements of notices of the 
 auditing of accounts of executors, administrators, guardians or trustees, 
 of notices of sales of real estate under proceedings in said court, of 
 notices to parties in proceedings in partition, and all other cases within 
 their jurisdiction : Provided, that said court shall have supervision of 
 and regulate the cost of such publication in all cases, as well by special 
 order in particular cases as by general rules; that said courts shall 
 establish a bill of costs to be chargeable to parties and to estates before 
 them for settlement, for the services of the clerks of said courts, re- 
 spectively, in the transaction of business of said courts. 
 
 Upon the court of quarter sessions by section 21, act 16 
 June, 1836. (Page III.) 
 
 III. — Object op Rules. 
 
 Rules have for their object the dispatch of public busi- 
 ness, regularity in practice, and the securing of justice to 
 suitors in the courts. Vanatta vs. Anderson, (Supra); 
 Vanormer vs. Ford, 98 Pa. St., 177 (Paxson, J., Oct. 
 3, 1881). When they fail in these objects they cease to 
 accomplish their legitimate purposes. Duncan vs. Bell, 
 Johnston, Jack & Co., 28 Pa. St., 516 (Armstrong, J., 
 1857). They are an indispensable aid in the routine of 
 business. MagilPs Appeal, 59 Pa. St., 430 (Thompson, 
 C. J., Jan, 4, 1869). 
 
 Though they are intended to facilitate the dispatch of 
 business, they cannot repeal an act of assembly. Van- 
 ormer 'vs. Ford {supra) ; nor interfere with rights secured 
 by law. Dubois vs. Turner, 4 Yeates, 361 (Tilghman, 
 C.J., 1807). 
 
 They are intended for the protection of the court as well 
 as for suitors. Haines vs. Comm., 90 Pa. St., 410 
 (Sharswood, C. J., Feb. 6, 1882). 
 
 An utter disregard by the court of its rules will lead to a 
 reversal. Brennan's Estate, 65 Pa. St., 16 (Sharswood, 
 J., Feb. 7, 1870). 
 
IV. — Rules Within the Power of Courts to Make. 
 
 The courts of record of this State have power to make 
 all necessary rules to regulate their practice, which they 
 may deem expedient, My lift's Est., 7 W., 64 (Rogers, J., 
 May, 1838) provided they be not contrary (1) to the law; (2) 
 to the constitution. "To regulate the practice is to pre- 
 scribe the manner of conducting proceedings, the time for 
 putting in pleadings, etc. " Vanatta vs. Anderson {supra). 
 
 The power of the court to making the following rules 
 has been considered and allowed : Rules allowing judg- 
 ment for want of an affidavit of defence, Vanatta vs. An- 
 derson {supra), and the entry of judgment for such part of 
 the plaintiff's demand as is not denied by the affidavit of 
 defence, |and to proceed to issue and trial for the rest of the 
 •claim, Russell 'vs . Archer, 76 Pa. St., 473 (Mercur, J. , Jan. 4, 
 1875); Stedmanvs. Poterie, 139 Pa. St., 100 (Mitchell, J. , 
 Jan. 5, 1891) ; requiring an affidavit of defence in an action 
 on foreign attachment, Hogg vs. Charlton, 25 Pa. St., 200 
 (Lewis, C. J., 1855) ; providing that all cases of appeal 
 from a justice of peace shall be tried on a declaration for 
 money had and received, Rundel vs. Keeler, 7 Watts, 237 
 {Huston, J., July, 1838) ; that on an appeal by a defendant 
 from a magistrate, if the defendant does not appear when 
 the cause is called, and the plaintiff is ready, the court will 
 affirm the judgment, Lloyd vs. Foudy, 4 W. N. C. , 225 
 {per curiam, Feb. 12, 1877) ; or that if the appeal is not 
 reached at the fourth or subsequent term, and no legal 
 reason is assigned for putting off the trial, the court will 
 affirm the judgment, if defendant is appellant, without 
 hearing evidence in support of the claim, Kuhn vs. Kister- 
 bock, 6 Wh., 166 {per curiam, Jan. 18, 1841) ; Frost vs. 
 Roatch, id. 359 (Huston, J. , April 3, 1841 ; prescribing a 
 particular time when road petitions shall be presented, 
 Road in Little Britain, 27 Pa. St. 69 (Black, J., 1856); 
 that the transcript on appeal from a magistrate may stand 
 
as a declaration or statement, Warren vs. Hugo, 7 C. C. 
 Rep., 547 (Setser, P. J., Sullivan county, July 16, 1889) ; 
 requiring that the plea non est factum be verified by affi- 
 davit, McAdams 1 Executors vs. Stitwell, 13 Pa. St., 90 
 {Bell, J., March, 1850) ; that facts stated in petitions and 
 answers not denied, to be taken pro confesso, Russell's 
 Appeal, 93 Pa. St., 384 (Sterritt, J., March 20, 1880) ; 
 that a party may cause the other to file papers on which 
 the action is based within a certain time, and in case of 
 failure no evidence of such papers shall be allowed, Brick- 
 er'sAdm.vs. Dull, 82 Pa. St., 328 (Woodward, J. , Oct. 9, 
 1876) ; respecting the filing of depositions, Shoemaker vs. 
 : Stiles, 102 Pa. St., 549 (Trunkey, J., April 16, 1883) ; re- 
 quiring a notice of rule to take deposition to be served 
 and a copy of the rule to be prefixed to the notice, 
 Alexander vs. Alexander, 5 Pa. St., 277 (Burnside, J., 
 May 27, 1847) ; requiring defendant in ejectment, when 
 :so ruled, to give plaintiff " an abstract of the title under 
 which he defends and a specification of all special facts 
 and equitable matter that he intends to rely upon," 
 and if he neglects "he shall not be permitted on the 
 trial to set up any title in defence, " Scott vs. Ames, 
 4 Pennypacker, 475 {Per curiam, Nov. 3, 1884), and see 
 also Lehman vs. Howley, 95 Pa. St., 295 (Sterrett, J., 
 Oct. 18, 1880) ; allowing garnishee to enter rule on 
 plaintiff to file interrogatories within twenty days, and in 
 default judgment of non pros, to be entered, Dougherty vs. 
 Thayer, 78 Pa. St., 172 {Per curiam, March 29, 1875); 
 requiring the publication of the trial list in a newspaper, 
 -and the county to pay the expense, Venango Co. vs. 
 Durban, 3 Grant, 66 (Lewis, C. J. , Jan. 13, 1857). 
 
 V. Rules not within the Power of Courts to Make. 
 
 It is expressly declared by the 21st, section of the act 
 -of 16 June, 1836, P. Iv. 787, "That such rules shall not 
 be inconsistent with the constitution and laws of the com- 
 monwealth. " 
 
VI 11 
 
 The following rules have been declared beyond the- 
 power of the court to make, because of their being in- 
 consistent with the law. A rule altering the general- 
 law of evidence Doe vs. Winn, 5 Pet., 233. A rule alter- 
 ing the manner of serving a notice required by statute,. 
 Byerly vs. Vankirk, 5 W. 370 {Per curiam, October 1836); 
 Boas , vs. Nagle, 3 S. & R. 250, (May 31, 181 7). A 
 rule which is in effect in the nature of an act of limita- 
 tion. Reist vs. Heilbrenner, n S. & R. 131 (Duncan, 
 J., May 1824). A rule providing that the plaintiff filing 
 his declaration may have judgment in default of an ap- 
 pearance, at any time after return day and ten days service 
 of. the writ "without reference to the quarto die post and 
 irrespective of the fact whether the declaration be filed at. 
 the return day or not". Vanormer vs. Ford, 98 Pa. St., 
 TJ (Paxson, J. October 3, 1881). 
 
 A rule prescribing a different form of notice from that, 
 required by act of assembly. Mathewson vs. Supervisors^, 
 8 C. C. Rep. , 204 (L,itser, P. J. , Wyoming co. , April 30, 
 1888). 
 
 A rule which directs that ' ' writs of certiorari shall be 
 returnable within twenty days from the issuing thereof^ 
 and shall be served on the magistrate at least five days be- 
 fore the return day. ' ' North Beaver Overseers vs. Big 
 Beaver Overseers, 7 C. C. Rep. , 340 (McMichael, J. , Lau- 
 rence co., November 18, 1889). 
 
 A rule allowing attachment for costs in proceeding- 
 founded on contract, Pierce's Appeal, 103 Pa. St., 27 
 (Trunkey, J., April 16, 1883). 
 
 A rule regulating the selection of road jury in a manner 
 different from that prescribed by statute. Johnston Road, 
 1 P. & W., 243 (Huston, J., May, 1830). 
 
 A rule permitting a judgment for want of an affidavit, 
 of defence, pending a rule to arbitrate under section 8, 
 act, June 16, 1836. Hickernell vs. First National Bank Y 
 62 Pa. St., 146 (Agnew, J., May 24, 1869). 
 
IX 
 
 A standing rule on a garnishee in attachment execution 
 to answer interrogatories. Ringwalt vs. Bundle, 59 Pa. 
 St., 51 (Strong, J., May 27, 1869). 
 
 VI. Construction and Enforcement op Rui,es. 
 
 In the construction and enforcement of rules much power 
 is given to the courts making the rules. The supreme 
 court has repeatedly declared that the lower courts are the 
 best judges of the meaning of their rules of practice. Sny- 
 der vs. Bauchman, 8 S. & R. , 336, (Duncan, J. , June, 
 1822) ; Crosby et al. vs. Massey, et al., 1 P & W., 229, 
 (Huston, J., May, 1830) ; Ellmakervs. Franklin Ins. Co. 
 5 Pa. St., 183, (Rogers, J., April 27, 1847) > Daily vs. 
 Green, 15 Pa. St., 118, (Bell, J., July 13, 1850); Daniel 
 vs. Welver, 24 Pa. St., 516, (L,ewis, C. J., 1855) ; Wicker- 
 sham vs. Russell, 51 Pa. St M 71, (Strong, J., Nov. 2, 
 1865); Coleman vs. Mantz, 60 Pa. St., 178, (Williams, J., 
 July 7, J 870) ; Casey vs. Comm., 4 Brewster, 62, (Thomp- 
 son, C. J., Oct. 29, 1868) ; Frank vs. Colhoun, 59 Pa. St., 
 381, (Agnew, J., Jan. 5, i860); Wilkesbarre vs. Felts, 135 
 Pa. St., 529, {per curiam, May 5, 1890). 
 
 The supreme court relies "greatly upon the interpreta- 
 tion of the court below of its own rules, ' ' Umberger vs. Zear- 
 ing, 8 S. & R., 163 (Tilghman, C. J., May, 1822); Flem- 
 ing vs. Beck, 48 Pa. St. , 309, (Agnew, J. , Jan. 2, 1865) 
 Bigoney vs. Stewart, 68 Pa. St., 318, (Thompson, C. J., 
 May 8, 1871). The lower courts are more familiar with 
 their own rules and' the practice under them, than the 
 supreme court can posssibly be. Morison vs. Nevin, 
 130 Pa. St., 344, per curiam, Nov. 11, 1889). The 
 supreme court will hesitate to overturn the construc- 
 tion placed by the court below upon its rules. Coleman 
 vs. Mantz, {supra). A liberal discretion, in construing 
 and enforcing its rules, must always be accorded to every 
 court. Peck 1 s Appeal, 11 W. N. C, 31 (Sterrett, J. , May 
 2, 1881. The discretion of the court below is not re- 
 
viewable. Howser vs. Comm., 51 Pa. St., 332, (Wood- 
 ward, J., March 5, 1866). 
 
 ' ' Nor is the complaint that the court misapplied its own 
 rule of practice a matter of which we can take notice. ' ' 
 Howser vs. Comm. , {supra). The supreme court will only 
 reverse the lower court where its construction is palpably 
 erroneous, Coleman vs. Mantz, {supra) ; or the mistake in 
 construction is very obvious, Daly vs. Green, {supra); the 
 error in construction must be manifest and material, Bair 
 & Gazzamvs. Hubartt, 139 Pa. St., 96, (Mitchell, J. , Jan. 
 5, 1891); unless the contrary is extremely clear, the con- 
 struction given by the court to its own rules is supposed to- 
 be right, Galloway vs. Saunders, 2 S. & R. 405, (Tilgh- 
 man, C. J., June, 1816). Where the construction given by 
 the court below would distort the rules, the supreme court 
 will reverse. Gannon vs. Fritz, 79 Pa. St., 303, (Wood- 
 ward, J., Jan. 6, 1876). 
 
 A due observance of the rules of court, a strict adher- 
 ence to their letter and spirit, should always be a cardinal 
 tenet of interpretation, Coulters Estate, 4, C. C. Rep. 113: 
 (Wilson, P. J., Clarion county, Sept. 26, 1887) but an in- 
 terpretation according to the spirit of the rule was adopted 
 in, Duncan vs. Bell, Johnston, Jack & Co., 28 Pa. St., 
 516 (Armstrong, J. , 1857). Rules must not be so construed 
 that in their execution they may set aside an act of assem- 
 bly, Kerr vs. Martin, 122 Pa. St., 436 (Hand, J., Oct. 22,. 
 1888); nor should they be construed so rigidly as to pro- 
 duce injustice, Sterling vs. Ritchie, 17 S. and R, 264. 
 
 In some cases rules upon the same subject should be con- 
 strued together. In Boyle vs. Horner, 104 Pa. St., 319. 
 (Sterrett, J., Nov. 5, 1883) in considering rules of the 
 courts of common pleas of Allegheny court, relating to 
 the entry of jndgment for the part admitted to be due by 
 the affidavit of defence, the supreme court in reversing the 
 construction of the court below on these rules said " These 
 rules are in pari materia, parts of a general system of 
 practice and must be continued together." 
 
XI 
 
 To make a rule obligatory in all cases, it ought in its, 
 language plainly to apply to all cases. Even if a rule does 
 in terms embrace the case, under certain circumstances it 
 may be impossible to comply with it. Burkhart vs. Par- 
 ker, 6 W. and S. 480 (Huston, J., Sept. 1843). 
 
 Upon a proper showing it is competent for a court to- 
 waive a limitation imposed by its own rules of practice. 
 Lance vs. Bonnell, 105 Pa. St., 46 (Clark, J., Feby. 4,. 
 1884) ; McBethvs. Newlin, 15 W. N. C, i29(Trunkey, J.,. 
 Mrch 3, 1884) ; or in case of a palpable mistake, the rules, 
 may be waived. Foust & Shaffer vs. Nor. Cen. Rwy. Co. , 
 5 C. C. Rep., 268 (Gibson, P. J., York co., March 8, 1888) ; ; 
 but the court will not relieve for mere neglect of counsel 
 to observe them. Sander vs. Berlstine, 6 C. C. Rep., 579, 
 (Stowe, P. J., Allegheny co., Nov. 13, 1888). 
 
 " It is better to have no rule than to depart from it on. 
 slight or frivolous pretexts, or to suit the emergencies of a. 
 particular case." Rentsheimer vs. Bush, 2 Pa. St., 88. 
 (Rogers, J., Dec. 26, 1845). 
 
 In Tilden vs. Worrell, 30 Pa. St., 272 (Lewis, J., 1858), 
 it seems as though the court acknowledged the right of" 
 the court below to entirely dispense with its own rules. 
 
 But rules of court cannot be waived by counsel or by the 
 district attorney. They are intended for the protection of 
 judges as well as of suitors. Haines vs. Comm., 99 Pa.. 
 St., 410 (Sharswood, J., Feb'y 6, 1882). 
 
 VII. — Attorneys and Rules. 
 
 An attorney at law is bound to know the rules of the- 
 courts in which he practices, and is liable to his client for- 
 the consequences of ignorance or non-observance of the 
 rules of practice. Godefroy vs. Dalton, 6 Bingh. , 460 (19, 
 E. C. L,. R., 136), Tindal, C. J. 
 
 "The law requires an attorney to be acquainted with 
 the practice of his court, with the ordinary rules of plead- 
 ing and evidence, the existence of statutes and rules of 
 
Xll 
 
 court, and in cases free from doubt, with their construction 
 also. ' ' Weeks on Attorneys at Law, 474. An attorney, 
 in undertaking the business of his client, professes himself 
 to be acquaintedjamong other things with the rules of court. 
 id., 475. 
 
 ADDENDUM. 
 Note to Rule xxvi, Supreme Court, page 19. 
 
 " We notice that many of the Pennsylvania cases referred to in the 
 paper book of the appellee, are cited by the name of the reporter, in 
 violation of the rule of Court. Had this been observed upon the argu- 
 ment the book would have been suppressed." Farquhar vs. McAlevy, 
 142 Pa. St., 233 {Per Curiam, May 4, 1891). 
 
Attention is directed to the following excerpts 
 from the Act Approved the 19th day of May, 1897, 
 Regulating the practice, bail, costs and fees on 
 appeals to the Supreme Court and Superior Court. 
 
 CHARLES S. GREENE, 
 
 Prothonotary. 
 Philadelphia, June loth, i8g7. 
 
 " Section 1 . Be it Enacted, &c, That in every case 
 in which an appeal is taken to the Supreme Court or 
 Superior Court, such appeal shall be entered in the court 
 to which the appeal is taken ; and filed with the same 
 shall be an affidavit of the parties appellant, or some 
 one of them, or of one of their chief officers or of their 
 agent or attorney, that said appeal is not taken for the 
 purpose of delay, but because appellants believe they 
 have suffered injustice by the sentence, order, judgment 
 or decree from which they appeal. Such affidavit may be 
 made before any one authorized to administer oaths," &c. 
 
 " Section 2. When an appeal has been entered the 
 prothonotary of the appellate court shall issue a writ, 
 in the nature of a writ of certiorari, directed to the court 
 from which the appeal is taken," &c. 
 
 "And no appeal shall be considered perfected until 
 such writ be filed in the court below," &c. 
 
 " Section 3. At the time of filing the appeal, the 
 prothonotary of the appellate court shall be paid the sum 
 of twelve dollars which shall be in full for all his service 
 upon any appeal taken thereto, including the preparation 
 and certifying the remittitur and record to the court below, 
 
with a copy of the opinion in all cases, or for preparing 
 and certifying the record to the Supreme Court in case 
 of an appeal thereto from the Superior Court," &c. 
 
 " Section 4. No appeal shall be allowed in any case 
 unless taken within six calendar months from the entry 
 of the sentence, order, judgment or decree appealed from, 
 nor shall an appeal supersede an execution issued or 
 distribution ordered, unless taken and perfected and bail 
 entered in the manner herein prescribed within three 
 weeks from such entry," &c. Provided, "That in civil 
 cases in which the right of appeal to the Superior Court 
 has now expired an appeal may be taken and perfected 
 within three months after this act goes into effect." 
 
 " Section 5. Bail, upon any appeal shall be entered 
 in the Court from which the appeal is taken," &c. 
 
 " Section 20. At the expiration of ten days from 
 the final decision of any cause by the Supreme Court, or 
 Superior Court, the prothonotary thereof shall send back 
 the record, with a remittitur and a copy of the opinion 
 to the court from which it originally came, unless other 
 steps be taken in the cause which shall require its de- 
 tention." 
 
 "Section 23. This act shall go into effect July first, 
 one thousand eight hundred and ninety-seven, and shall 
 apply to cases then pending, but the limitation of time 
 herein provided for as against any party entitled to appeal 
 from a sentence, order, judgment or decree theretofore 
 entered, shall not begin to run until that date, if but for 
 this act the right of appeal would have extended after that 
 date beyond the times herein prescribed." 
 
RULES OF THE SUPREME COURT 
 
 OF 
 
 PENNSYLVANIA. 
 
 Arguments. 
 
 RULE I. 
 
 The court will call the cases for argument in the order 
 In which they stand on the printed argument list. If 
 neither party be present or ready to proceed with the argu- 
 ment, the case shall be non-prossed, unless reason to the 
 contrary be shown to the satisfaction of the court. 
 
 RULE II. 
 
 All cases brought or to be brought up for review shall 
 be placed upon the argument list next succeeding their 
 entry, and in the order in which they stand upon the 
 docket — unless advanced by the special order of the court. 
 Provided, That no case shall be placed on the argument 
 list where the writ of error, certiorari or appeal shall not 
 have been taken twenty days before the return day. 
 (Proviso added by rule of June 7, 1889.) 
 
 RULE III. 
 
 No cause shall be continued when reached without 
 ^permission of the court. 
 
Bail in Error. 
 
 RULE IV. 
 
 Recognizances of bail in error shall be plainly drawn 
 and engrossed on parchment or paper, in the following 
 
 form, as near as may be : " county, to wit : You 
 
 severally acknowledge to owe (the plaintiff in the action) 
 the sum of (double the sum recovered), upon the condi- 
 tion that A. B. prosecute his writ of error with effect ; 
 and if judgment be affirmed, or the writ of error be dis- 
 continued or non-prossed, to pay the debt, damages or 
 costs (as the case may be) adjudged accruing upon such 
 judgment, and all other damages and costs that may be 
 awarded on such writ of error. ' ' 
 
 RULE V. 
 
 The defendant in error or appellee may, within twenty 
 days after notice of the taking of bail in error, except to 
 the sufficiency thereof, when the plaintiff in error or 
 appellant must either put in new bail, or the old bail 
 must justify within ten days after exception taken ; in 
 default thereof the writ of error shall not be a super- 
 sedeas of the execution. New bail may be put in or the 
 old justified, within the ten days, before the prothonotary 
 of the Court in the proper district, or before the prothono- 
 tary of the court of common pleas of the county to which 
 the writ of error shall have been issued, or from which the 
 appeal shall have, come ; and in the latter case the new 
 recognizance, or the affidavits of justification, shall be re- 
 turned to the prothonotary of this court within the ten 
 days allowed, not counting the day when the exception to 
 bail was taken. Of the time and place of giving new bail 
 or justifying the old, at least three days written notice 
 shall be given to the opposite party or his attorney of re- 
 cord. For the purpose of this rule the prothonotaries of 
 the several courts of common pleas are appointed com- 
 missioners of bail. 
 
3 
 
 Attorneys. 
 
 RULE VI. 
 
 No person shall be admitted to practice as attorney in 
 this court, unless he hath served a regular clerkship, within 
 the State, to some practising attorney or gentleman of the 
 law, of known abilities, for the term of four years, and 
 afterwards shall have practiced as an attorney in one of 
 the county courts of common pleas, or district courts, 
 for the term of one year, or served such clerkship three 
 years, and practiced two years ; Provided always, that in 
 the case of a person applying to be admitted who shall ap- 
 pear to have studied the law with assiduity, under the direc- 
 tion of some practising attorney or gentleman of the law of 
 this state, for the term of two years after his arrival at the 
 age of twenty-one years, and afterwards practiced in some 
 one of the county courts of common pleas for the term of 
 two years, he may be admitted. 
 
 Graduates of the Law Department of the University of 
 Pennsylvania, who have passed the preliminary examina- 
 tion before the Board of Examiners of Philadelphia 
 county, and an examination upon Latin, and who have 
 taken the full course of three years, and received the 
 diploma and degree of Bachelor of Laws, may be admitted 
 to practice in this court upon the expiration of three full 
 years from the date of their preliminary examination 
 upon filing with the prothonotary a certificate of the dean 
 of the Law Department, stating these facts and exhibiting 
 their diploma, together with a. certificate of good charac- 
 ter, as in other cases. 
 
 (The part of rule relating to Graduates of the University was adopted 
 March 18, 1889.) 
 
 RULE VII. 
 
 Attorneys from other states, who have been admitted to 
 the courts of common pleas of this state, may immedi- 
 
ately thereafter be admitted in this court, provided that 
 they are in good standing and have practiced for five years 
 in the state from which they have removed. 
 
 RULE VIII. 
 
 All agreements and notices of attorneys touching the 
 business of the court shall be in writing, otherwise they 
 will be considered of no validity. * 
 
 RULE IX. 
 
 No attorney of this or any other court, sheriff's officer, 
 bailiff or other person concerned in the execution of pro- 
 cess, shall become bail on appeal or in error, except by 
 special leave of the court previously obtained. 
 
 Criminal Cases. 
 
 RULE X. 
 
 In all the criminal cases brought up from the lower 
 courts by certiorari, wherein a special allocatur has not 
 been had, the prothonotary is instructed by this court to 
 enter "writ quashed," and the records shall be returned 
 to the courts from whence they came. 
 
 RULE XI. 
 
 No such writ of certiorari shall issue at the instance of 
 a defendant who is at the time out on bail, until he enters 
 a recognizance in the nature of special bail, to the satis- 
 faction of the court or judge taking the same, condi- 
 
 *Rule VIIL— This rule "relatesjito the ordinary routine of prac- 
 tice and is designed to exclude unseemly disputes and contradictions 
 among gentleman of the bar in the presence of the court." Reamer's 
 Appeal, 18 Pa. St., 510, Woodward J., June 28, 1852. 
 
tioned for his appearance before the supreme court in 
 banc, from time to time, as the court may order, until 
 the final determination of the cause, and that he will not 
 depart without the leave of the said Court. 
 
 RULE XIa. 
 
 Every praecipe for a writ of error or certiorari in a capi- 
 tal case shall be accompanied by a certificate, under the 
 seal of the court below, of the date of the sentence, and 
 if it shall appear from said certificate that more than 
 twenty days have elapsed since said sentence, the pro- 
 thonotary shall not issue said writ, unless the same be 
 specially allowed by this court or one of the justices 
 thereof. 
 
 The first Monday of each month shall be a special re- 
 turn day in each district for all writs of error and certiorari 
 in cases of conviction and sentence of death for murder in 
 the first degree. The fifth Monday after the issuing of the 
 writ shall be assigned for the argument thereof : Provided 
 the court shall then be in session in any district. If then 
 in Session in a district other than that in which the writ 
 issued, the prothonotary issuing such writ, shall certify 
 the record to the district in which the Court shall be sit- 
 ting. If the Court shall not be in session' at that time, the 
 case shall be certified to the district in which the next term 
 shall be held. 
 
 Capital cases shall be placed at the head of the list for 
 argument. - 
 
 The plantiff in error shall serve his paper book on the 
 proper district attorney ten days before the day assigned 
 for the hearing, and the defendant in error shall serve his 
 three days before the hearing. 
 
6 
 
 Errors and Appeals- 
 All appeals taken under the' Act of May 9, 1889, 
 (P. I/. 158.)* must be taken in this court as writs of errors 
 have heretofore been taken, and in all such cases a writ of 
 certiorari must be issued to bring up the record. 
 
 RULE XII. 
 
 In all cases brought into this court by writ of error, the 
 counsel for the plaintiff in error shall, on or before the 
 third day of the term to which the writ is returnable, 
 specify in writing the particular errors which he assigns, 
 and file the same in the prothonotary's office : and on 
 failure so to do, the court may non pros, the writ. 
 
 RULE XIII. 
 
 In all cases of writs of error when the record is not re- 
 turned on the return day, it shall be the duty of the pro- 
 thonotary to enter a non pros. , which shall not be taken 
 off except by special order of the court. 
 
 * Appeals. — On February 24, 1890, the supreme court, with reference 
 to the Act of May 9, 1889, P. L. 158, "relating to writs of error and 
 appeals to the supreme court," handed down the following : 
 
 "Per curiam. — As some confusion exists as to the proper construction 
 of the Act of May 9, 1889, P. L. 158, relating to writs of error and ap- 
 peals, we deem it proper to say that the primary object of said act ap- 
 pears to be to substitute an appeal for the ancient and well understood 
 writs of error and certiorari. This is a mere change of name ; the pro- 
 ceeding itself is unchanged. The writ of error which comes here 
 under the mask of an appeal, is still a writ of error in effect, with all its 
 incidents. The same may be said of appeals which come up in the 
 place of a certiorari. In each of this class of appeals, the appeal must 
 be taken in this court as writs of error and certiorari were formerly 
 taken. The provision in the second section of said act that " the record 
 on any appeal perfected in the court from which the appeal may be 
 taken, may be filed in the supreme court without requiring a writ of 
 certiorari," evidently refers to appeals from the orphans' court, ap- 
 peals in equity, and from the distribution of money, which have always 
 
RULE XIV. 
 
 The prothonotary shall endorse on each writ of error 
 or certiorari to remove proceedings, a rule to appear and 
 plead at the return day of the writ ; and on default of ap- 
 pearance when the cause is called for argument, and on 
 proof of ten days service on the defendant in error or his 
 counsel below, the court will proceed ex parte. And it is 
 further ordered, that the court proceed in like manner on 
 proof of the like service of notice in appeal cases. 
 
 RULE XV. 
 
 In all appeal cases, where the appellants neglect to 
 bring up the record at the next term of this court after 
 the appeal shall have been taken; any of the other parties 
 interested may bring it up, and have the case presented 
 and determined ex parte, or the appeal dismissed at the 
 costs of the appellant. 
 
 RULE XVI. 
 
 In all cases where, in pursuance of the judgment of this 
 court a cause goes back to the court below for further 
 proceedings, it shall be the duty of the prothonotary to 
 certify and send back with the order, decree or judgment, 
 a copy of the opinion of the court which shall have been 
 filed.; and the fees paid him therefor shall stand as part of 
 the costs in the cause. 
 
 been taken in the court from which the decree appealed from was 
 made. As to such appeals the practice remains unchanged. In such 
 cases, a certiorari was almost invariably issued to bring up the record. 
 It is the only proper and legal mode of doing so. 
 
 Instead of simplifying proceedings in this court, the act of 1889 has 
 produced nothing but confusion. It was not called for by any public 
 need ; it was not asked for by this court, nor by any considerable num- 
 ber of the members of the bar who practice therein, and it serves no 
 useful purpose. We unanimously and respectfully suggest its early re- 
 peal by the Legislature." 131 Pa. St., xxi. See also Randvs. King, 
 134 Pa. St., 641. 
 
Paper Books. 
 
 The present rules in regard to the preparation of paper books in' cases 
 of writs of error shall be held to apply to all appeals under the Act of 
 May 9, 1889. 
 
 RULE XVII.* 1 
 
 In a case where the writ of error is to a judgment on a 
 verdict, the paper book of the plaintiff in error shall con- 
 tain the following matters, 2 in the following order : 1. The 
 names of all the parties as they stood on the record of the 
 court below at the time of the trial, and the form of the 
 action. 2. An abstract of the proceedings, showing the 
 
 *Rule XVII. — Paper Books. — 1. The failure to present paper books is 
 severely commented on by Justice Agnew in the case of Ebbert's Ap- 
 peal, 70 Pa. St., 79, May 13, 1872. "The pressure of business upon this 
 Bench, demands all the aid we can receive from counsel, who owe a 
 duty to their client and to the court to furnish an argument and all the 
 authorities within reach." 
 
 As to what should be contained in the paper books, the rules of 
 court (Rules XVII, XIX, XX, XXI and XXV) are very explicit and 
 the omission to print what the rules require is at the peril of the party 
 litigant. McBeth vs. Newlin, 15 W. N. C, 129 (Trunkey J., March 3, 
 1884). Dietrich vs. Addams, 9 W. N. C, 492 (Sharswood, C. J. March 3, 
 1881). If, however, the parts omitted have no bearing upon the question 
 before the court, he risks nothing. McBeth vs. Newlin, (supra). 
 
 2. In connection with what should be contained in the paper books, 
 it would be well to consider the remarks of Chief Justice Paxson in 
 £rislorvs. Tasker, 135 Pa. St., no (April 21, 1890). "The rules of 
 court require a copy of the docket entries to be printed in the paper 
 book for obvious reasons. We have a right to expect counsel to print 
 them correctly, as upon them serious results sometimes depend. It is 
 too much to expect the members of this court to verify them by the re- 
 cord in every instance, which we would be obliged to do if we are not 
 safe in relying upon the care and integrity of counsel. The docket en- 
 tries must be a literal copy as they stand upon the records of the court 
 below. To present them to us in an altered or garbled form is an 
 offence ; if done intentionally and for the purpose of deceiving us, it 
 would be an offence which would merit, and certainly receive the punish- 
 ment of disbarment." 
 
issue, and how it was made. 8 3. The verdict of the jury 
 and the judgment thereon. 4. A history of the case. 5. 
 The points, if any, which were submitted in writing to 
 the court below. 6. The charge of the court. 7. The 
 specifications of error. 8. A brief of the argument for the 
 plaintiff in error. 9. An appendix containing the evi- 
 dence,* and if necessary, the pleading in full. 10. Counsel 
 citing decisions of this court from leading periodicals shall 
 certify, at the end of their briefs, that such cases are not re- 
 ported in the state reports. In the absence of such cer- 
 tificate, the cases will not be considered. 
 (Part 10 is new ; adopted February 6, 1888.) 
 
 RULE XVIII. 
 
 Where the judgment below is on a case stated in the 
 nature of a special verdict, the facts as agreed on by the 
 parties, the opinion of the court and the argument of the 
 counsel, will be sufficient. 
 
 3. " When abstracts showing the issue and how it was made have no 
 bearing on the question for review he risks nothing by omitting to print 
 such abstracts and pleadings." McBeth vs. Newlin,- (supra). 
 
 4. " This does not mean the evidence of the plaintiff or defendant 
 alone, nor such excerpts therefrom as he may choose to present." 
 McCandless vs. Young, 96 Pa. St., 289 (Sterrett, J., January 3, 1881). 
 The plaintiff in error in this case omitted to print the evidence which he. 
 claimed was relevant and excluded by the court below. The supreme 
 court said " In the absence of that evidence, how can we say that it is 
 not so (wholly irrelevant) ? The presumption is that the ruling of the 
 court below was correct, and that should prevail until the contrary is 
 made manifest in the regular and orderly way." 
 
 This rule requires the entire evidence bearing on the question for re- 
 view to be printed. Small portions of the testimony will not answer. 
 It should be printed as delivered and not in narrative form. The failure 
 to print the entire testimony and as delivered may result in the paper 
 book being suppressed, the assignments disregarded and the case non- 
 prossed. Brooks vs. First Presbyterian Church, 135 Pa. St., 137 {Per 
 Curiam, May 19, 1890) ; Burgan vs. Cahoon, et at-, 1 Pennypacker, 320 
 (Green, J., November 7, 1881). But testimony wholly unnecessary to 
 an understanding of the question need not be printed. McBeth vs. 
 Newlin, (supra). 
 
IO 
 
 RULE XIX.* 
 
 In appeals the arrangement of the appellant's paper book 
 shall be as follows : i. The names of the parties and the 
 nature of the proceedings. 2. A short abstract of the bill 
 or petition and answer. 3. A history of the case. 4. The 
 report of the auditor, or master, if there is one. 5. The 
 exceptions taken to the report in the court below. 6. The 
 opinion of the court on the exceptions and the decree 
 made. 7. Assignments of error. 8. Argument on part of 
 appellant. 1 9. Appendix containing such documentary or 
 other evidence as may be necessary. 2 10. Counsel citing 
 decisions of this court from legal periodicals shall certify, 
 at the ends of their briefs, that such cases are not reported 
 in the state reports. In the absence of such certificate the 
 case will not be considered. 
 
 RULE XX. 
 
 In a certiorari to the court of quarter sessions or oyer 
 and terminer, the paper book shall contain : 1. An ab- 
 stract list or brief of all the petitions, motions, orders, re- 
 ports, exceptions, etc., which may be necessary to give the 
 court here a full view of the record at once ; and this in 
 the precise order of their respective dates, and with the 
 date of each prefixed. 2. The exceptions which were over- 
 ruled or sustained by the final order or judgment of the 
 
 * Rule XIX. — 1. Where the paper book of the appellant from the 
 decree of the court below confirming the report of a master, contains 
 no argument in support of the specifications of error, the appeal may 
 properly be dismissed on that ground. Stockdalevs. Maginn, 131 Pa. St., 
 507 (McCollum J., February 24, 1890). In an appeal from the orphans' 
 court, all the evidence submitted below must be printed in the appel- 
 lant's paper book. Solt's Appeal, 4 W. N. C, 298, {Per Curiam, Feb- 
 ruary 19, 1877). 
 
 2— See Note 4, Rule XVII. 
 
II 
 
 court. 3. The opinion of the court, if it was filed in 
 writing. * 1 4. Assignments of error. 5. The argument. 
 6. Appendix containing the record in full. 
 
 RULE XXI. 
 
 The history of the case must contain a closely condensed 
 statement of all the facts of which a knowledge may be 
 necessary, in order to determine the points in controversy 
 here ; and the want of such a statement cannot be supplied 
 by reference to another part of the paper book. 
 
 The history of the case must not contain an argument or 
 any portion of the testimony, 
 
 (The latter portion added by rule adopted July 7, 1889.) 
 
 RULE XXII. f 1 
 
 Each error relied on must be specified particularly, and 
 by itself. 2 If any specification embrace more than one 
 
 * Rule XX. — 1. The supreme court will not review the opinion of the 
 court below on a general exception. Lower Augusta vs. Selinsgrove, 
 64 Pa., 196 ; W. Perry Township Overseers, vs. Oderson Township Over- 
 seers, 2 Pa. S. C. Rep., 262, {Per Curiam, June 9, 1884). 
 
 t Rule XXII. — 1. The court will take notice of error not assigned. 
 Bean's Road, 25 Pa. St., 280. (Strong J. i860). 
 
 Unless the assignments of error are made in conformity with Rules 
 XXII, XXIII, and XXIV, they will not be noticed. Brown vs. Brown 
 35 Pa. St., 210 (Lewis J., 1855). 
 
 The importance of proper assignments of error is shown in the follow- 
 ing extract from the opinion of Sterrett, J., in Landis vs. Evans, 113 Pa. 
 St., 332 (October 4, 1886). "As has been repeatedly said, the assign- 
 ments of error are an essential part of the pleadings in this court, and 
 as such should be so complete in themselves as not to require reference 
 to other parts of the record. When the case is disposed of and the re- 
 cord returned to the court below, the praecipe, assignments of error 
 and plea thereto are all the papers that usually remain of record in this 
 court, as the basis of our judgment or decree, as the case may be. It 
 must be obvious, therefore, that each specification of error should, in 
 and of itself, present the question we are called upon to decide." 
 
 "The onus is upon the plaintiff in error to make out his assignments 
 affirmatively, and he must furnish in the record and on his paper book 
 
12 
 
 point, 3 or refer to more than one bill of exceptions, 4 or raise 
 more than one distinct question, 5 it shall be considered a 
 waiver of all the errors so alleged. 6 
 
 all that is necessary for that purpose." Sharswood, J., Aiken vs. Stewart, 
 
 63 Pa. St., 30, January 3, 1870. 
 
 Court will sustain demurrer to improper assignment. Neiss vs. Foster,- 
 
 64 Pa., 495. 
 
 Criticism on numerous assignments. Dime Savings Institution vs, 
 Allentown Bank, 65 Pa, 116. 
 
 2. An assignment should be specific. Yungfleish's Appeal, 1 Pa. S. 
 C. Rep., 125, (March 31, 1879). 
 
 But " it is not proper practice to divide the assignments of error into 
 separate clauses, and entitle them accordingly. 1 ' Kemmerer vs. Tool,. 
 81 Pa. St., 467 (Sharswood, J., May 8, 1876). 
 
 A general assignment of error setting forth " that the court erred in 
 confirming the auditor's report," does not sufficiently indicate to the 
 court the point intended to be raised. Bull' s Appeal, 24 Pa. St., 286, 
 (Lewis, J., May 17, 1855); Wolf vs. Ferguson, 129 Pa., 272 {Per Curiam, 
 June 28, 1889); Trullingervs. Charles, 129 Pa. St., 289, {Per Curiam, June- 
 
 28, 1889); Second Nat. Bank vs. Penna. Anthracite Coal Co., 140 Pa. St., 
 628 {Per Curiam, March 9, 1891). An assignment that the court erred in 
 dismissing exceptions to the master's report, without settingout the ex- 
 ceptions, will not be considered. Bowers, el. at. vs. Bennethum, et. at., 133 
 Pa. St., 306 {Per Curiam, May 17, 1890); Sauer, et. al. vs. Mollinger, et.al. 
 138 Pa. St., 338 {Per Curiam, November 10, 1890); Holton, et. al. vs. New 
 Castle Rwy., 138 Pa. St., in {Per Curiam, November 3, 1890). 
 
 An assignment embracing all the testimony taken on a commission 
 will not be sustained where part of the testimony was relevant and 
 proper. Pittsburgh Bridge Co. vs. Brown, et. al., 2 Mona., 341 {Per 
 Curiam, January 7, 1891). 
 
 3. " Only one point or subject should be embraced in an assignment 
 of error." Bartolet's Appeal, 1 Pa. S. C. Cases, 77 {Per Curiam, March 
 
 29, 1890). Therefore an assignment alleging error in the answers to the 
 several points for instruction is not in accordance with the above rule. 
 Kelly vs. Bennett, 132 Pa. St., 218 (Paxson, J., February 3 1890). The 
 grouping of the refusal of six different points into one assignment is 
 not in compliance with the rules. Borland vs. Meurer, 139 Pa. St., 513 
 (Mitchell, J., January 26, 1891). An assignment embracing eighteen 
 specifications of error to the report of a master will not be considered. 
 Desh' s Appeal, 42 L. I., 161 (Sterrett, J., Oct. 6, 1884), 
 
 4. An assignment of error "that the court erred in rejecting the 
 offer contained in the 1st, 2nd and 3rd bill of exceptions sealed " not 
 considered. Schwenk vs. County of Montgomery, 26 Pa. St., 281 (Knox 
 
13 
 RULE XXIII. * 
 
 When the error assigned is to the charge of the court, or 
 "to answer to points, the part of the charge 1 or the points 
 
 J., 1856). An assignment of error referring to three bills of exceptions, 
 but giving the substance of neither, will not be considered. Good Intent 
 Co. vs. Hartzell, 22 Pa. St., 277 (Black, C. J., 1853). Where the bill of 
 exceptions is incomplete the assignments will not be considered. Contm- 
 vs. Riberl, 28 W. N. C, 296 (Mitchell, J., Octobers, 1891). Object of 
 bills of exceptions, see 27 W. N. C. 123. 
 
 5. Twitchell's Appeal, 4 W. N. C, 68 {Per Curiam, Februarys, 
 1877). 
 
 6. The object of an assignment of error is to bring to the attention of 
 the appellate court the error committed in the court below, and in 
 
 order that the higher court may be fully informed of the error com- 
 mitted, the assignment should be full, particular, and self-supporting, and 
 without reference to other disconnected parts. 
 
 The following assignments have been held defective : 
 
 That "the court erred in the order of June 1, 1888, without the award 
 of a procedendo by the supreme court," without setting out the order. 
 Benzinger Twp. Road, 135 Pa. St., 176 (Paxson, C. J., May 19, 1890). 
 
 That the court erred, 1. In overruling exceptions filed to the account 
 of the executors. 2. In not sustaining the exception filed by counsel 
 for the creditors, etc. Williams' Appeal, 122 Pa. St., 472 (Paxson, C. J., 
 October 22, 1888). 
 
 That the court erred " In dismissing the exceptions filed by the ex- 
 ceptants (by name) to the adjudication of the auditing judge." Varrier's 
 Estate, 120 Pa. St., 344; 21 W. N. C, 449 (Paxson, C. J., May 14, 1888). 
 
 The court also refused to consider an assignment alleging that the 
 master erred in his finding of fact, because the error assigned was to the 
 action of the master and not to the action of the court. Warner vs. 
 McMullin, 131 Pa. St., 370 (Paxson, C. J., January 6, 1890). 
 
 *Rule XXIII. — 1. This rule requires the entire language of the court 
 excepted to, to be brought to the attention of the court. Where the 
 assignment is to a part of the charge of the court, the part excepted to 
 must be set forth totidem verbis, as the rule requires, or the assignment 
 will be treated the same as none. Rule XXIV ; Kunes vs. Spangler, 
 2 Pennypacker, 101 {Per Curiam, February 27, 1882) ; Sorg 
 vs. First German Congregation, 63 Pa. St., 156 (Sharswood J., 
 January 3, 1870) ; Cramer vs. Carlisle Bank, 2 Grant 267 (Lewis, J., July 
 6, 1852) ; Comm. vs. Orr, 138 Pa. St., 276 (Paxson, C. J., November 10, 
 1890). The language of the court must be quoted exactly. Hutchin- 
 son vs. Campbell, 26 Pa. St., 273 (Knox J., 1853). Criswellvs. Altemus, 
 
14 
 
 and answers 2 referred to must be quoted totidem verbis* in 
 the specification. 
 
 20 Pa. St., 124, (Lewis J., 1852.) The precise phraseology of the court 
 should be given. McCord vs. Durant, 134 Pa. St., 184 (Per Curiam, 
 April 7, 1890). And where it is alleged as error that the charge as a 
 whole was unfair and one-sided, the better practice is to assign the en- 
 tire charge as error." Paxson C. J., in Comm. vs. Orr, 138 Pa. St., 276 
 (November 10, 1890) ; otherwise the assignment will not be considered. 
 Underzook vs. Hatris, 140 Pa. St., 236 (Per Curiam, February 23, 1891. 
 
 The language of the court excepted to should be printed as part of the 
 assignment ; the printing of the language elsewhere in the paper book 
 does not make a compliance with the rule. Gilmore vs. Pittsburgh, 
 Virginia and Charleston R. R. Co., 104 Pa. St., 275 (Mercur, C. J., 
 January 7, 1884). Dietrich vs. Addams, 9 W. N. C , 492 (Sharswood, 
 C. J., March 3, 1881). 
 
 Where the error assigned is the refusal of the court to submit the 
 case to the jury, the whole evidence must be printed. Davenport vs. 
 Wright, 51 Pa., 292. 
 
 The omission of the court to charge specifically is not assignable for 
 error, where no points for instruction were presented, Serfass vs. 
 Dreisbach, 141 Pa. St., (Per Curiam, March 23 1891.) 
 
 2. In the assignment of error to the answers made by the court to points 
 the rule should be carefully followed, otherwise the assignment will be 
 considered the same as none. Rule XXIV ; Readdy vs. Shamokin Bor- 
 ou Sh, 137 Pa. St., 92 (Per Curiam, October 6, 1890.) Penna. R. R. Co. vs. 
 Sly, 65 Pa. St., 205 (Sharswood, J., April4, 1870.) It seems strange that 
 counsel should expect the court to consider an assignment that "the 
 court erred in not answering defendant's points " and not state what 
 the points were. Headly vs. Rennet, 129 Pa. St., 542, (Per Curiam, 
 October 28, 1889) ; Neiss vs. Foster, 64 Pa. St., 495 (Thompson, C. J., 
 March 31, 1890) ; Good Intent Co. vs. Hartzell, 22 Pa St., 227 (Black,' 
 c - J; 1853) I Cobb&Kearstvs. Stephens, 2 Phila. R., 150 : 13 L. I., 245 
 (S. C. Knox, J.,) Clark vs. Smith, 25 Pa. St., 137 (Lewis, C. J., 1885). 
 The court cannot say whether the court below erred or not in answer- 
 ing the^points unless the points as well as the answers are set out in the 
 assignment. Arthurs vs. Smarthers, 38 Pa. St., 408 (Thompson, J., 
 January 7, 1861). Kurtz vs. Harris, 2 Mona., 328 (Per Curiam, October 
 1, 1888). Nor will the court consider assignments which set out the points 
 but not the answers. Readdy vs. Shamokin Borough, 137 Pa. St 92 
 (Per Curiam, October 6, 1890). ' 
 
 Assignments of error that the court erred " in its answer to defend- 
 ant's second point; it should have been refused without qualification " 
 and "in affirming defendant's third point" without printing point or 
 
15 
 
 RULE XXIV.* 
 
 When the error assigned is to the admission or rejection 
 of evidence 1 , the specification must quote the full substance 
 of the bill of exceptions, or copy the bill in immediate con- 
 nection with the specification. When the error is as to 
 the admission or rejection of a writing, 2 a full copy of the 
 writing must be printed in the paper book. Any assign- 
 ment of error not according to this and the last rule will be 
 held the same as none. 
 
 answer "are not in accordance with the rules of court and will not be 
 considered." Long vs. Midford Twp,, 137 Pa. St., 122 {Per Curiam 
 October 6, 1890). 
 
 An assignment of error alleging "error in the court's answers to 
 points " is defective, insufficient and not according to the rules unless it 
 shows wherein and how the court erred or in what the alleged mistake 
 consisted. Long vs. Milford Twp., 137 Pa. St., 122 {Per Curiam, Octo- 
 6, 1890). 
 
 An assignment of error that "the court erred in submitting to the- 
 jury, a question of fact about which there is no evidence " without stat- 
 ing what that question of fact is, is not according to the rule. Sweeney vs. 
 Ten Mile Oil and Gas Co., 130 Pa., 193 (Sterrett, J., November 4, 1880). 
 If it does not appear that an exception has been taken, the assignment 
 will not be considered. Huckenstein vs. Kelly & Jones Co., 139 Pa. St., 
 201, (Paxson, C. J., Jan'y 5, 1891). 
 
 3. — The language of the court must be quoted ; not what counsel 
 supposed was its legal effect. Aspell, et. al. vs. Smith, 134 Pa. St., 39 {Per 
 Curiam, April 7, 1890). 
 
 * Rule XXIV.—" The object of Rule XXIV is apparent. The assign- 
 ments of error are all that remain in this court after the record goes 
 down, to show upon what ground the court has decided the cases. They 
 really constitute the pleadings here. If the evidence objected to and 
 admitted is not set forth in the assignment, or the substance of it given, 
 there is nothing in this court to show that error has been committed. The 
 answer to the question may have been perfectly harmless, or the witness 
 may not have answered it at all, or he may have had no knowledge upon 
 the subject. This is a sufficient reason for the Rule, but it is not the only 
 one.' When the evidence is given as required, this court can see at a 
 glance whether the objection is well founded; whereas, if not given, we 
 are obliged to turn to the evidence in the examination of each assign- 
 
i6 
 
 ment. In this case, there were nineteen of such assignments, and it 
 requires that each judge of this court shall search out the evidence 
 from a mass of about two hundred printed pages, in connection with 
 each assignment. This is imposing an amount of useless labor upon us, 
 which we are not called upon to bear, and which we have not the leisure 
 to perform, even had we the inclination. It consumes time that should 
 be devoted to more important duties. The rule of court is a wise and 
 proper regulation and imposes no hardship upon the bar. It is so con- 
 stantly and persistenly violated that we can only correct it by declining 
 to consider alleged errors not properly assigned." Battles vs. Sliney, 
 129 Pa. St., 460. 
 
 1. The practice of the court under this rule is to disregard all assign- 
 ments of error to the admission or rejection of oral or written evidence 
 unless the assignment is in strict conformity with the rule. (See cases 
 ibelow). 
 
 The rule of court is plain and easily understood. It is astonishing how 
 -counsel can expect the court to pass upon the admissibility or inadmis- 
 sibility, the relevancy or irrelevancy of testimony unless the testimony 
 and all other facts necessary to a proper comprehension of the question 
 are presented in the paper books for the court's consideration. Where 
 an assignment relates to the admission of depositions and the objection 
 was made that the rules of the lower court concerning depositions had 
 not been complied with, but the rules were not printed nor the court in- 
 formed what they were, the assignment cannot be considered. Express 
 Publishing Co. vs. Aldine Press, 126 Pa., 347 (McCollum, J., May 13, 
 1889). 
 
 If the evidence or that which preceded it as the ground for its intro- 
 duction is not contained in the paper book, the court will presume the 
 evidence to have been rightly admitted. Humblewright vs. Armstrong, 
 25 Pa. St., 428 (Knox, J., 1855); Royse vs. May, 93 Pa. St., 454 (Mercur, 
 J., May 3, 1880); Titusville B. and L. Ass'n. vs. McCombs and wife, 92 
 Pa. St., 264 {Per Curiam, January 5, 1880). If the evidence is not set out 
 the assignment cannot be considered. Cornish vs. Hooker, 141 Pa. St., 138 
 (Per Curiam, March 23, 1891). 
 
 The assignment must contain together with the testimony, the offer, 
 the objection and the ruling of the courti below. The full bill of excep- 
 tions on which the assignment is based, must come before the court as it 
 was presented in the court below. Warfel vs. Knott, 128 Pa. St., 528 
 (Williams, J., October 7, 1889); Wylie vs. Mansley, 132 Pa. St., 65 (Wil- 
 liams, J.January 27, 1890); Long vs. Mid/ord Twp., 137 Pa. St., 122, 
 (Per Curiam, October 6, 1890). Huckensteinvs. Kelly & Jones Co., 139 
 Pa., 201 (Paxson, J., January 5, 1891). 
 
 An assignment giving the objection, but not the offer nor substance of 
 the testimony, will not be considered. Burson vs. Fire Ass'n., 136 Pa. 
 
i7 
 
 St., 267 (Paxson, C- J., October 6, 1890). Chambers vs. South Chester 
 Bar., 140 Pa. St., 510 (Green, J., March 9, 1891). The rule is not con- 
 formed to by presenting the testimony only; the full substance of the 
 bill must be quoted also. Melvin vs. Melvin, 130 Pa. St., 6 {Per Curiam, 
 October 28, 1889). Adams vs. Uhler, 2 Pa. S. C Rep., 96 (Trunkey, J., 
 April 13. 1884). If the offer is admitted all the testimony given under it 
 should be contained in the assignment. Kennedy vs. Atkinson, 2 Mona., 
 602 (Per Curiam, January 7, 1890). 
 
 The assignment must not only show the evidence excepted to because 
 of its admission, but also that the exceptions were sealed. Readdyvs. 
 Shamokin Bor., 137 Pa. St., 98 {Per Curiam, October 6, 1890). Auger- 
 stein vs. Jones, 139, Pa., 183 (Green, J., January 5, 1891). And that the 
 exception was taken at the time of the admission or rejection of the 
 evidence; a general exception at the end of the bill does not answer. 
 Yeager vs. Fuss, 9 W. N. C, 557 {Per Curiam, January 31, 1881V 
 Further than this the specification should give "the bill of exceptions " 
 and "the full substance of it " * * " in immediate connection with the 
 specification." Rice vs. Farmers' and Drovers' Bank, 22 Pa. St., 118 
 (Lewis, J., September 22, 1853); Yeager vs. Weaver, 64 Pa. St., 425 
 (Sharswood, J., March 31, 1870). Culin vs. Glass Works, 108 Pa. St., 
 220 (Sterrett, J., February 9, 1885); Fox vs. Fox, 96 Pa. St., 60 {Per 
 Curiam, November 8, 1880); Thompson vs. McConnell, 1 Gr., 396 (Knox 
 J., January 14, 1856); Burkholder vs. Stahl, 58 Pa. St., 371 (Thompson, 
 C J., July 6, 1869); O' Donnell vs. Allegheny R. R. Co., 50 Pa.'St., 490 
 (Woodward, C. J., 1865); Reimervs. Stuber, 20 Pa. St., 458 (Black, C.J., 
 May 12, 1853); Danielxs. Daniel, 23 Pa., 198 (Black, C. J., 1854); Hultz 
 vs. Comm., 3 Gr., 61 (Lewis, C. J., January 12, 1857). 
 
 An assignment that does not show what testimony was admitted will 
 be disregarded. Fisher vs. Baden, 138 Pa., 301. Per Curiam, November 
 10, 1890. 
 
 Assignments of errors to the exclusion or admission of evidence 
 should set forth the name of the witness. Donahue vs. O' Connor, 8 
 W. N. C, 540 (Paxson, J., May 3, 1880). 
 
 Where the error assigned to the admission of testimony as in the 
 overruling of defendant's objection to a question and answer, and th# 
 assignment shows only the question and answer but omitted the name 
 of witness, whose witness he was, and a reference to the page of the 
 testimony where the offer might be found, the assignment will not be 
 considered. 
 
 Dawes vs. O'Reilly, 126 Pa., 440 {Per Curiam, May 13, 1889). 
 Gates vs. Watt, 127 Pa., 20 {Per Curiam, May 27, 1889). 
 Stiekervs. Crepeck, 127 Pa., 446 {Per Curiam, June 28, 1889). 
 
 2. Written Evidence. — When the error assigned is to the admission 
 or rejection of a writing, a full copy of the writing must be printed with 
 the paper book. 
 
i8 
 RULE XXV . 
 
 The brief of the "argument must contain a clear state- 
 ment of the points on which the party relies, with such 
 reasons and arguments as he may see proper to add, to- 
 gether with all the authorities which he thinks pertinent. 
 Where the error assigned is to the finding of facts by an 
 auditor or master, the printed argument shall contain a 
 synopsis of all the evidence bearing upon such disputed 
 
 In Aiken vs. Stewart, 63 Pa., 30 (January 3, 1870), Judge Sharswood 
 said. " It is an established rule of practice in this Court, not to reverse on 
 account of the reception or rejection of written evidence without being 
 furnished either with the paper in question or a copy of it'' quoting 
 Gratz vs. Gratz, 4 Rawle4H ; Staffordvs. Stafford, 3 Casey 144 (27 Pa). 
 See also. Wilvert, et. at. vs. Sunbury Bor., 81 *Pa. St., 57 (Williams, J., 
 October 18, 1871); Kille vs. Ege, 79 Pa., 15 {Per Curiam, May 24, 1875); 
 Reynolds vs. Cridge, 131 Pa. St., 189 (Mitchell, J., January 6, 1890). 
 
 It is impossible for the Court to say whether there is error or not in 
 the admission or rejection of written evidence, unless the instrument or 
 a copy of it is presented in the paper book. Stafford vs. Stafford, 27 
 Pa. St., 144 (Woodward, J., 1856). 
 
 Where it is assigned as error that letters were admitted or rejected, 
 the letters shduld be copied into the paper book. 
 
 Kirk vs. Hartman, 63 Pa. St., 97, (Sharswood, J.,- May 5, 1870.) 
 
 Otherwise, how is the court to know their pertinency to the cause at 
 Issue? Erie City Iron Worksvs. Barber, 106 Pa., 125 (Trunkey, J., October 
 •6, 1884. 
 
 If the assignment of error is the admission of a receipt, the receipt 
 must be printed in the paper book. Stafford vs. Stafford, 27 Pa., 144 
 ^Woodward, J., 1856). 
 
 If to the refusal to admit a certified copy of a record, the record must 
 be set out in the paper book. Kreiner vs. Rochester, etc., R. R. Co., 135 
 Pa., 184 {Per Curiam, May 18, 1890). 
 
 Where the offer was to prove " by the report of the master " that the 
 amount of the mortgage was paid piior to the scire facias thereon, the 
 report of the master should be set forth. Sweetzer vs. Atterbury, 100 
 Pa., 18 (Mercur, J., October 2, 1882). 
 
 Where the paper book did not contain a copy of an ordinance referred 
 to in the assignment, the assignment was for that reason disregarded. 
 Wilvert, et. at. vs. Sunbury Borough, 81 * Pa. St., 57 (Williams, J., Octo- 
 ber, 1871). 
 
19 
 
 question of fact, with a reference to the page or pages of 
 the paper book where such evidence may be found in ex- 
 tenso. 
 
 (This is an amendment of the old rule, and was adopted June 7, i889 r ) 
 
 RULE XXVI. 
 
 Where an authority is cited the principle intended to be 
 supported by it must be stated. A mere reference to the 
 book will not be sufficient. Pennsylvania cases decided 
 since the commencement of the State Reports must be cited 
 by the volume of said State Reports. Whenever decisions 
 of this Court are cited from the legal periodicals they 
 must be accompanied by the certificate of counsel that said 
 cases have not been reported in the State Reports. 
 
 (Adopted June 7, 1889; amends old Rule XXVI, and supplies addition 
 to Rule XIX, adopted February 6, 1888.) 
 
 RULE XXVII. 
 
 The paper book of the defendant in error or appellee, 
 may, if he chooses, contain no more than his argument, to 
 which Rules XXV. and XXVI. will be held to apply. But 
 he may make it to embrace a counter-statement, giving 
 such version of the facts as he asserts to be the true one. 
 
 RULE XXVIII. 
 
 In cases originating in the county of Philadelphia, the 
 plaintiff in error or appellant shall serve a copy of his paper 
 book on the opposite party, or his attorney, at least ten days 
 before the first day of the term to which the writ of error 
 or appeal is entered, and when the cause is called shall 
 furnish one copy to each of the Judges, and file eight with 
 the Prothonotary, two for the reporter, two for the reporter 
 of Pennypacker's Reports, one for the Law Association of 
 Philadelphia, one for the Weekly Notes of Cases, one for 
 the State Library, and one to be filed in his office. The 
 
20 
 
 defendant in error shall serve a copy of his paper book on 
 the opposite party, or his attorney, at least five days before 
 the argument, furnish a copy to each Judge, and file eight 
 ■with the Prothonotary for the same purposes as the paper 
 books of the plaintiff in error or appellant. 
 Rule was amended by order filed April ai, 1884, requiring two copies 
 for Pennypacker's Reports. 
 
 RULE XXIX. 
 
 In all cases except those originating in the county of 
 Philadelphia, the plaintiff in error or appellant shall serve 
 a copy of his paper book on the opposite party, or his attor- 
 ney; at least twelve days before the day appointed for hear- 
 ing the cases from the county where the cause was tried; 
 and the defendant in error or appellee shall serve a copy of 
 his paper book on the opposite party, . or his attor- 
 ney, at least five days before the time appointed for hear- 
 ing as aforesaid. But if the writ of error or appeal shall 
 have been taken thirty days or more before the day as- 
 signed for the hearing as aforesaid, the paper book of the 
 plaintiff in error or appellant shall be served at least twenty 
 days, and that of the opposite party at least five days be- 
 fore the days assigned for the hearing of the said causes. 
 When the cause is called, each party shall furnish a copy 
 of his paper book to each Judge, and file six copies with 
 the Prothonotary, one of which is to remain with the 
 records, and two to be delivered to the reporter, one for 
 the Weekly Notes and Cases, one for the State Library, 
 and one for the Law Association of Philadelphia. 
 
 RULE XXX. 
 
 When the plaintiff in error or appellant is in default, 
 according to these rules, he may be non-suited on motion j, 
 and when the defendant in error or appellee is in default, 
 he will not be heard by the Court, except on the request 
 of his adversary, and not then if his negligence has been 
 gross. 
 
21 
 
 RULE XXXI. 
 
 When paper books are furnished which differ in any 
 material respect from those here prescribed, the parties 
 furnishing them shall be considered in the same default as 
 if none had been furnished, and on a proper occasion the 
 Court will, of its own motion, non-suit or silence the de- 
 faulting party, or suppress the paper book.* 
 
 RULE XXXII. 
 
 Paper books shall be furnished in the shape and size of 
 a common octavo pamphlet, on ordinary printing paper. 
 
 All paper books, exceeding twenty pages in length, 
 shall be accompanied by a full and complete index. The 
 names of the parties and the name of the Court to w*hich 
 the writ of error, certiorari or appeal is taken, shall appear 
 on the cover in all cases. f 
 
 The latter part adopted June 7, 1889. 
 
 RULE XXXIII. 
 
 Rule XXII. does not apply to cases of judgment on facts 
 agreed in the nature of a special verdict. In such cases it 
 is enough to say that the judgment is erroneous, without 
 more. But that rule has no other exception. 
 
 Road Cases. 
 RULE XXXIV. 
 
 On the return of any certiorari for the removal of any 
 order, judgment, or proceedings in relation to a public or 
 private road, this Court will not suffer the merits of the 
 
 * A paper book containing scandalous matter will be suppressed. 
 Matthew's Appeal, 104, Pa. St. 444, Mercur C- J., October 30, 1883. 
 
 t See Hesse/ vs. Bradstreet Co., 141 Pa. St. 501 {Per Curiam, April 13, 
 1891); see also Wilson vs. Scranton City, id., 621 (Mitchell J., April 20, 
 1891). 
 
22 
 
 case to be entered into, nor reverse the order of the Ses- 
 sions, unless for some irregularity apparent on the record, 
 or that the Court below have exceeded their jurisdiction, 
 or have erred in their judgment in point of law. 
 
 Short Causes. 
 
 RULE XXXV. 
 
 The Prothonotary of each district shall keep a separate 
 list for short causes. 
 
 RULE XXXVI. 
 
 To this list all causes shall be transferred in which the 
 attorney of either party shall certify that it is a short 
 cause. 
 
 RULE XXXVII. 
 
 The causes on this list shall have precedence over all 
 others on the Wednesday of every week in which the same 
 causes might be heard, if they had remained on the gen- 
 eral list, and had been reached in their order. 
 
 RULE XXXVIII. 
 
 Where a cause has been certified to be a short cause by 
 the attorney of one party, and the attorney of the other 
 party will certify that it is not so, and that injustice may 
 be done to his client by placing it on the list of short 
 causes, it shall be put back again on the regular list. Pro- 
 vided, that no cause shall be certified off after the short 
 list is taken up on Wednesday morning. 
 
 Proviso added June 7, 1889. 
 
 RULE XXXIX. 
 
 On the hearing of short causes, the speeches of counsel 
 shall be limited to fifteenjminutes on each side. 
 
2-3 
 
 RULE XL. 
 
 The hearing of short causes shall not be the exclusive 
 business of Wednesdays. When they are disposed of, the 
 general list or hour list shall be called as on other 
 days ; but the'short list shall be finished before any other 
 business. It shall be the duty of the Prothonotary to put 
 up in some conspicuous part of the court-room a copy of 
 the short list, and this shall be notice of the transfer of 
 the causes which are on it. No party shall be permitted 
 to certify any cause back to the regular list or hour list 
 after three days from the time it has been placed in the 
 short list. 
 
 Hour List. 
 
 RULE XLL 
 Eastern District. 
 
 The Prothonotary of the Eastern District shall make a 
 list of causes taken from the list for the city and county of 
 Philadelphia, and to be called the "Hour List". The at- 
 torney or solicitor of either party may order a cause on 
 said list any time before or during the term. No cause 
 thus ordered thereon shall be stricken therefrom without 
 permission of the Court. The causes on the said list shall 
 be heard in the order they were set down thereon, and shall 
 have precedence over all other causes, except those on the 
 "Short List," capital cases, and cases specially placed at 
 the head of the list. In the argument of cases on the 
 "Hour List," counsel shall be heard one-half hour only on 
 each side. 
 
 For the remainder of the term the Prothonotary shall 
 make a list for each week, to be called the ' 'Hour List. ' ' 
 The attorney or solicitor of either party may order a cause 
 on the said list at any time before or during the term, and 
 prior to Tuesday noon of the week in which the case is 
 assigned for argument. No case thus ordered thereon 
 
2 4 
 
 shall be stricken therefrom without permission of. the 
 Court. The causes on said list shall be heard in the order 
 they were set down thereon, and shall have precedence 
 over all other causes, except those on the "Short List," 
 capital cases, and cases specially placed at the head 
 of the list. In the argument of the "Hour List," counsel 
 shall be heard for one-half hour only on each side. 
 
 All causes remaining over, undisposed of from 
 former terms, and set down for argument on the "Hour 
 List," shall be placed at the head of that list, in the order 
 of their numbers and terms. 
 
 Middle and Western Districts. 
 
 For each week during the sitting of the Court in the 
 Middle and Western Districts the Prothonotary shall make 
 a list to be called the hour list. The attorney of either 
 party may order a case on said list at any time after writ 
 issued or appeal taken prior to Tuesday noon of the week 
 in which the case is assigned for argument. No case thus 
 ordered thereon shall be stricken therefrom without per- 
 mission of the Court. The cases on said list shall be 
 heard in the order they were set down, and shall have pre- 
 cedence over all other cases except those on the short list, 
 and in the argument thereof counsel shall be heard for one- 
 half hour only on each side. 
 
 All cases remaining over, undisposed of from former 
 terms and set down for argument on the hour list, shall be 
 placed at the head of that list in the order of their numbers 
 and terms. 
 
 Rule XLI. as far as it concerned the Eastern District was 
 amended January 4, 1883, as follows : — 
 
 That the Hour List be suspended in the Eastern District 
 during the period assigned to the argument of cases from 
 the county of Philadelphia. 
 
25 
 
 The argument of each cause shall be limited to one hour, 
 unless the Chief Justice, upon an examination of the paper 
 books, shall consider more time to be necessary. 
 
 Sixty causes shall be assigned to each week, and a list 
 thereof shall be made up and published by the Prothono- 
 tary on the Saturday preceding. Said causes shall be set 
 down in the order of their term and number, and shall be 
 numbered on said list consecutively. The first twelve 
 ■cases on said weekly list shall be assigned for argument on 
 Monday, and for each succeeding day of the week, except 
 Saturday, the first twelve cases theretofore undisposed of 
 on said list shall be assigned for argument. No cause on 
 said list shall be continued when reached, except for a suf- 
 ficient cause. Engagements of counsel in the lower Courts 
 will not be recognized as a reason for the continuance or 
 postponement of a cause, except when they are actually 
 engaged in a trial which has been commenced in a previ- 
 ous week, and is unfinished. 
 
 The Short List and the rule in regard to capital cases 
 shall remain as heretofore. 
 
 And now June n, 1885, it is ordered that the hour list 
 be suspended in each of the several districts. 
 
 The argument of each case shall be limited to one hour, 
 unless when it is taken up for argument the Chief Justice, 
 •on an examination of the paper books, shall determine 
 that more time is necessary. The Short L,ist, and the rule 
 in regard to capital cases, shall remain as heretofore. 
 
 This order is not to apply to the counties of Philadel- 
 phia and Allegheny, so as to change or effect the special 
 rules there in force. 
 
26 
 
 Districts of the Supreme Court of Pennsyl- 
 vania. 
 
 RULE XIvII. 
 
 And now, November 25, 1881, by virtue and in pursuance 
 of an Act of the General Assembly of the Commonwealth of 
 Pennsylvania, approved the fifth day of May, 1876, en- 
 titled "An Act authorizing the Supreme Court to change 
 and transfer any of the counties of the Commonwealth 
 from any of the districts of said Court" (P. L,. 115), it is 
 hereby ordered by the said Court, now sitting at Pittsburgh, 
 in and for the Western District thereof, as follows, that is 
 to say : 
 
 The following counties shall be and are hereby transfer- 
 red from the Middle District to the Eastern District of the 
 said Court, viz : — 
 
 Bedford, Fulton, Northumberland,. 
 
 Blair, Huntingdon, Perry, 
 
 Cumberland, Juniata, Potter, 
 
 Centre, _ Lancaster, Snyder, 
 
 Columbia, Lycoming, Sullivan, 
 
 Clinton, Lebanon, Tioga, 
 
 Clearfield, Mifflin, Union, 
 
 Cameron, Montour, Warren, 
 
 Elk, McKean, York, 
 
 The following counties shall be and are hereby transfer- 
 red from the Western District to the Eastern District of 
 the said Court, viz : — 
 Armstrong, 
 Butler, 
 Cambria, 
 Clarion, 
 
 By reason of said transfer, the Western, Middle and" 
 Eastern Districts of the Supreme Court shall hereafter 
 stand and be composed of the following named countiesy 
 viz : — 
 
 The Western District of— 
 Allegheny, Jefferson, Westmoreland,. 
 
 Beaver, Venago, Washington. 
 
 Green, 
 
 The Middle District of— 
 Adams, Dauphin, Franklin. 
 
 Crawford, 
 
 Indiana, 
 
 Erie, 
 
 Lawrence, 
 
 Fayette, 
 
 Mercer, 
 
 Forest, 
 
 Somerset, 
 
2 7 
 
 The Eastern District of- 
 
 Armstrong, 
 
 Erie, 
 
 Montour, 
 
 Bucks, 
 
 Elk, 
 
 McKean, 
 
 Butler, 
 
 Fayette, 
 
 Northampton, 
 
 Bedford, 
 
 Forest, 
 
 Northumberland, 
 
 Blair, 
 
 Fulton, 
 
 Philadelphia, 
 
 Bradford, 
 
 Huntingdon, 
 
 Perry, 
 
 Berks, 
 
 Indiana, 
 
 Potter, 
 
 Cambria, 
 
 Juniata, 
 
 Pike, 
 
 Clarion, 
 
 Lawrence, 
 
 Schuylkill, 
 
 Crawford, 
 
 Lehigh, 
 
 Somerset, 
 
 Carbon, 
 
 Lebanon, 
 
 Susquehanna, 
 
 Chester, 
 
 Luzerne, 
 
 Snyder, 
 
 Cumberland, 
 
 Lackawanna, 
 
 Sullivan, 
 
 Centre, 
 
 Lycoming, 
 
 Tioga, 
 
 Columbia, 
 
 Lancaster, 
 
 Union, 
 
 Clinton, 
 
 Mercer, 
 
 Wayne, 
 
 Clearfield, 
 
 Monroe, 
 
 Wyoming, 
 
 Cameron, 
 
 Montgomery, 
 
 Warren, 
 
 Delaware, 
 
 Mifflin, 
 
 York. 
 
 By virtue of the same Act of Assembly the terms in the 
 respective districts are fixed as follows : — 
 
 The term in the Western District shall commence on 
 the first Monday of October, and shall continue four 
 weeks. 
 
 The term in the Middle District shall commence on the 
 twenty-first Monday following the first Monday of January, 
 and shall continue one week. 
 
 The term of the Eastern District shall commence on the 
 third Monday of November, and shall continue until the 
 commencement of the term for the Middle District. 
 
 By virtue of the same Act of Assembly return-days are 
 hereby established for all of the aforesaid counties, as fol- 
 lows :— 
 
 For the Western District : The return-days for the 
 counties of Allegheny, Beaver, Green, Jefferson, Venango, 
 Westmoreland and Washington, shall be the first Monday 
 
28 
 
 of October. The last three weeks of the term are hereby 
 assigned to the hearing of all cases in and for the said 
 •county of Allegheny. 
 
 For the Middle District : The return-day for the coun- 
 ties of Adams, Dauphin, and Franklin, shall be the twen- 
 ty-first Monday following the first Monday of January. 
 
 For the Eastern District : The return-days for the city 
 a.nd county of Philadelphia shall remain as heretofore. 
 
 For the other counties of the Eastern District, the re- 
 turn-days shall be as follows : — 
 
 For the first Monday of the term, the counties of Cam- 
 bria, Clarion, Butler and Fayette. 
 
 For the second Monday of the term, the counties of 
 Crawford and Mercer. 
 
 For the third Monday of the term, the counties of Arm- 
 strong, Erie, Forest, Indiana, Lawrence and Somerset. 
 
 For the fifth Monday following the first Monday of Jan- 
 uary, the counties of Lycoming, Centre and Elk. 
 
 For the seventh Monday following the first Monday of 
 January, the counties of Lackawanna, Pike, and Wayne. 
 
 For the eighth Monday following the first Monday of 
 January, the counties of Berks and Columbia. 
 
 For the ninth Monday following the first Monday of 
 January, the counties of Carbon, Lehigh, Monroe, and 
 Northampton. 
 
 For the tenth Monday following the first Monday of 
 January, the counties of Bradford, Susquehanna, and 
 . Wyoming. 
 
 For the fourteenth Monday following the first Monday 
 of January, the county of Luzerne. 
 
 For the fifteenth Monday following the first Monday of 
 January, the counties of Schuylkill and Montgomery. 
 
 For the sixteenth Monday following the first Monday of 
 January, the counties of Bucks, Clinton, Montour, and 
 Northu mberland. 
 
•29 
 
 For the seventeenth Monday following the first Monday 
 of January, the counties of Clearfield, Lebanon, Snyder 
 and Union. 
 
 For the eighteenth Monday following the first Monday 
 of January, the counties of Bedford, Cameron, Cumber- 
 land, Fulton, McKean, Perry, Potter, Sullivan and Tioga. 
 
 For the nineteenth Monday following the first Monday 
 of January, the counties of Lancaster and York. 
 
 For the twentieth Monday following the first Monday of 
 January, the counties of Blair, Huntingdon, Juniata, Mif- 
 flin and Warren. 
 
 The fourth week of the term in the Eastern District is 
 assigned to remanets from the Western District, and such 
 other cases from the said Western District as the parties 
 may desire to have heard in the Eastern District, prefer- 
 ence being given to remanets. 
 
 Eight weeks of the term are hereby assigned for the hear- 
 ing of all cases for the city and county of Philadelphia. 
 The first period shall commence on the first Monday of 
 January, and shall continue for five weeks ; the second 
 period shall commence on the eleventh Monday following 
 the first Monday in January, and shall continue for three, 
 weeks. 
 
 To which return-days all writs of error, process, and pro- 
 ceedings in and for the said several counties in the respec- 
 tive districts shall be accordingly and respectively returna- 
 ble ; and the causes from the said several counties shall be 
 heard in the same week to which their writs of error and 
 other process are respectively returnable, excepting as is 
 herein otherwise provided for the counties of Allegheny 
 and Philadelphia. 
 
 By order of Court dated May 26, 1882, the return day for 
 Sullivan county was changed from the eighteenth Monday 
 following the first Monday of January to the tenth Mon- 
 day following the first Monday of January in each year. 
 
3° 
 
 NEW RULES WITH REGARD TO RETURN- 
 DAYS. 
 
 Supplement to the order of the Supreme Court trans- 
 ferring certain counties from the Middle and Western Dis- 
 tricts to the Eastern District, changing the terms in said 
 district, and establishing return-days, made November 25, 
 1881. 
 
 And now, June 1, 1883, it is ordered by the said Court, 
 now sitting at Harrisburg, as follows : 
 
 The following counties shall be and are transferred from 
 the Eastern District to the Middle District, viz. : Cumber- 
 land and Fulton. 
 
 The following counties shall be and are transferred from 
 the Eastern to the Western District, namely : Armstrong, 
 Butler, Cambria, Clarion, Forest, Indiana, Lawrence and 
 Mercer. 
 
 The term in the Middle District shall continue two 
 weeks. 
 
 The term in the Western District shall continue seven 
 weeks. 
 
 The term in the Eastern District shall commence on the 
 first Monday of January, and shall continue until the com- 
 mencement of the term for the Middle District. 
 
 • 
 
 For the Western District the return-days shall be as fol- 
 lows : — 
 
 For the first Monday of the term the counties of Beaver, 
 Clarion, Forest, Greene, Jefferson, Venango and West- 
 moreland. 
 
 For the second Monday of the term the counties of Arm- 
 strong, Cambria; Lawrence and Mercer. 
 
 For the third Monday of the term the counties of Indi- 
 ana, Washington and Butler. 
 
 For the fourth Monday of the term, the county of Alle- 
 
3* 
 
 ■gheny, and four weeks of the term if necessary are assigned 
 for the hearing of cases for the county of Allegheny. 
 
 In the Eastern District the return-day for the counties 
 of Erie, Crawford and Fayette shall be the fourth Monday 
 following the first Monday of January. The return-day 
 for the county of Somerset shall be the fifth Monday follow- 
 ing the first Monday of January. The return day for the 
 -county of Lehigh shall be the sixth Monday following the 
 first Monday of January. 
 
 Seven weeks of the term are assigned for the hearing of 
 cases for the city and county of Philadelphia. The first 
 period shall commence on the first Monday of January and 
 shall continue for four weeks. The second period shall 
 commence on the eleventh Monday following the first 
 Monday of January and shall continue for three weeks. 
 
 So much of the said order made November 25, 1881, as 
 is hereby altered or supplied, is revoked, 
 
 And now January 25, 1885, by virtue of an Act of As- 
 sembly of this Commonwealth, approved May 5, 1876, en- 
 titled ' ' An Act authorizing the Supreme Court to change 
 and transfer any of the counties of the Commonwealth 
 from any one of the districts of said Court" (P. L. 115), 
 it is hereby ordered by the said Court, now sitting at 
 Philadelphia, in and for the Eastern District thereof, as 
 follows, that the county of Cumberland shall be and here- 
 by is transferred from the Middle District to the Eastern 
 District of said Court. 
 
 (Return day for said county made the seventeenth Mon- 
 . day following the first Monday of January.) 
 
 And now, June 2, 1887, it is ordered that the return-days 
 for the respective counties in the Eastern District, except 
 the city and county of Philadelphia, shall hereafter be as 
 follows: — 
 
 The fourth Monday following the first Monday in Jan- 
 uary in each year, for the counties of I,ehigh and Mont- 
 gomery. 
 
32 
 
 The fifth Monday following the first Monday in Janu- 
 ary, for the counties of Chester, Delaware, and Bucks. 
 
 The sixth Monday following the first Monday in Janu- 
 ary, for the counties of Schuylkill and Lebanon. 
 
 The seventh Monday following the first Monday in Janu- 
 ary, for the counties of Lackawanna, Wayne, Pike, and 
 Wyoming. 
 
 The eighth Monday following the first Monday in Janu- 
 ary, for the counties of Berks and Montour. 
 
 The ninth Monday following the first Monday in Janu- 
 ary, for the counties of Northampton, Carbon, and Monroe. 
 
 The tenth Monday following the first Monday in Janu- 
 ary, for the counties of Bradford, Lycoming, Clinton, 
 Cameron, Sullivan, and Susquehanna. 
 
 The fourteenth Monday following the first Monday in 
 January for the counties of Luzerne and Columbia. 
 
 The fifteenth Monday following the first Monday in 
 January for the counties of Blair, Centre, Clearfield, and 
 Huntingdon. 
 
 The sixteenth Monday following the first Monday in Jan- 
 uary for the counties of Crawford, Erie, and Cumberland. 
 
 The eighteenth Monday following the first Monday in Jan- 
 uary for the counties of Bedford, Fayette, and Somerset. 
 
 The nineteenth Monday following the first Monday in 
 January for the counties of Lancaster and York. 
 
 The twentieth Monday following the first Monday in 
 January for the counties of Northumberland, Juniata, 
 Mifflin, Union, Snyder, and Perry.* 
 
 *The districts 
 
 are 
 
 therefore at the present time composed as fol- 
 
 lows : — 
 
 
 
 
 The Western District of 
 
 
 Allegheny, 
 
 
 
 Clarion. Lawrence, 
 
 Armstrong, 
 
 
 
 Forest, Mercer, 
 
 Beaver, 
 
 
 
 Greene, Venango, 
 
 Butler, 
 
 
 
 Indiana, Washington, 
 
 Cambria, 
 
 
 
 Jefferson, Westmoreland. 
 
33 
 
 The Middle District of 
 
 
 
 Adams, 
 
 Fulton, 
 
 Fraqklin. 
 
 Dauphin, 
 
 
 
 The Eastern District of 
 
 
 
 Bedford, 
 
 Erie, 
 
 Northumberland, 
 
 Berks, 
 
 Fayette, 
 
 Perry, 
 
 Blair, 
 
 Huntingdon, 
 
 Philadelphia, 
 
 Bradford, 
 
 Juniata, 
 
 Pike, 
 
 Bucks, 
 
 Lackawanna, 
 
 Potter, 
 
 Cameron, 
 
 ^Lancaster, 
 
 Schuylkill, 
 
 Carbon, 
 
 Lebanon, 
 
 Snyder, 
 
 Centre, 
 
 Lehigh, 
 
 Somerset, 
 
 Chester, 
 
 Luzerne, 
 
 Sullivan, 
 
 Clearfield, 
 
 Lycoming, 
 
 Susquehanna, 
 
 Clinton, 
 
 Mifflin, 
 
 Tioga, 
 
 Columbia, 
 
 Monroe, 
 
 Union, 
 
 Crawford, 
 
 Montgomery, 
 
 Warren, 
 
 Cumberland, 
 
 Montour, 
 
 Wayne, 
 
 Delaware, 
 
 McKean, 
 
 Wyoming, 
 
 Elk, 
 
 Northampton, 
 
 York. 
 
 The term in the Western District commences on^the first Monday in 
 October, and continues seven weeks. 
 
 The term in the Middle District commences on the twenty-first Mon- 
 day following the first Monday of January, and continues two weeks. 
 
 The Term in the Eastern District commences on the first Mon- 
 day of January, and continues until the commencement of the term for 
 the Middle District. 
 
 The return days fixed by the above rules and amendments are as 
 follows : 
 
 For the Western District : 
 
 For the first Monday of the term, the counties of Beaver, Clarion, 
 Forest, Greene, Jefferson, Venango and Westmoreland. 
 
 For the second Monday of the term, the counties of Armstrong, Cam- 
 bria, Lawrence and Mercer. i 
 
 For the third Monday of the term, the counties of Indiana, Washing- 
 ton and Butler. 
 
 For the tourth Monday of the term, the county of Allegheny, and four 
 weeks of the term if necessary are assigned for the hearing of cases for 
 the county of Allegheny. 
 For the Middle District ; 
 
 The return day for the counties of Adams, Dauphin and Franklin are 
 the twenty-first Monday following the first Monday of January. 
 
34 
 
 For the Eastern District: 
 
 Seven weeks of the term are assigned for the hearing of cases for the 
 city and county of Philadelphia. The first period commences on the 
 first Monday of January and shall continue for four weeks. The second 
 period commences on the eleventh Monday following the first Monday 
 of January and continues for three weeks. 
 
 For the other counties of the Eastern District, the return days shall 
 be as follows : 
 
 The fourth Monday following the first Monday of January in each 
 year, for the counties of Lehigh and Montgomery. 
 
 The fifth Monday following the first Monday in January for the coun- 
 ties of Chester, Delaware and Bucks. 
 
 The sixth Monday following the first Monday in January for the coun- 
 ties of Schuylkill and Lebanon. 
 
 The seventh Monday following the first Monday in January for the 
 counties of Lackawanna, Wayne, Pike and Wyoming. 
 
 The eighth Monday following the first Monday in January for the 
 counties of Berks and Montour. 
 
 The ninth Monday following the first Monday in January for the coun- 
 ties of Northampton, Carbon and Monroe. 
 
 The tenth Monday following the first Monday in January for the coun- 
 ties of Bradford, Lycoming, Clinton, Cameron, Sullivan and Susque- 
 hanna- 
 
 The fourteenth Monday following the first Monday in January for the 
 counties of Luzerne and Columbia. 
 
 The fifteenth Monday following the first Monday in January for the 
 counties of Blair, Centre, Clearfield and Huntingdon. 
 
 The sixteenth Monday following the first Monday in January for the 
 counties of Crawford, Erie and Cumberland. 
 
 The eighteenth Monday following the first Monday in January for the 
 ..counties of Bedford, Fayette and Somerset. 
 
 The nineteenth Monday following the first Monday in January for the 
 .counties of Lancaster and York. 
 
 The twentieth Monday following the first Monday in January for the 
 .counties of Northumberland, Juniata, Mifflin, Union, Snyder and Perry. 
 
RULES 
 
 EQUITY PRACTICE 
 
 ADOPTED BY THE 
 
 Supreme Court of Pennsylvania, 
 
 MAY 27, 1865, 
 WITH THE EEPOBT OP THE COMMISSIONERS. 
 
 To the Honorable the Judges 
 
 of the Supreme Court of Pennsylvania : 
 
 The undersigned, a committee appointed by this hon- 
 orable court on the 9th day of March, 1864, to revise and 
 amend the rules of practice in equity cases, and to report 
 to this court, 
 
 RESPECTFULLY REPORT— 
 
 That in pursuance of the duties of their appointment they 
 have prepared a body of equity rules, of which they submit 
 herewith a copy. 
 
 In so doing, the committee beg to point out briefly the 
 more important changes which they have thought it expe- 
 dient to make in the existing practice. They would ob- 
 serve, at the same time, that, except where such changes 
 have been introduced, they have considered it better to ad- 
 here to the language and general scheme of the existing 
 rules. 
 
 (35) 
 
36 
 
 i. Formal rule days are abolished. Process may issue 
 and rules be taken at any time. On the other hand a suf- 
 ficient period for appearance to process, or for compliance 
 with the usual rules, is expressly limited in each case. By 
 this means a needless waste of time is obviated. 
 
 2. The bill and other pleadings are required to be printed 
 except in two cases : first, poverty, certified by counsel ; 
 secondly, bills for injunction, where, however, a printed 
 copy must be substituted in a few days. The cost of print- 
 ing is made part of the costs of the case. 
 
 3. Subpoenas to appear are abolished. Instead thereof a 
 copy of the bill is to be served on the defendant, with a no- 
 tice endorsed thereon to appear in fourteen days, and that 
 if he does not the bill will be taken pro confesso, and a 
 decree made against him in his absence. 
 
 4. Provision is made in case the defendant fails to ap- 
 pear, for a decree pro confesso against him, or for an attach- 
 ment to compel an answer, which seems to have been over- 
 looked in the present rules. 
 
 5. The bill is required to be in as brief and succint form 
 as it reasonably can be, and to be divided into paragraphs, 
 consecutively numbered, omitting the interrogatories and 
 all mere formal parts. The prayer for relief and for special 
 orders, writs or process, is to be also divided and numbered. 
 
 6. Interrogatories to defendant are to be filed separately. 
 So the defendant instead of resorting to a cross-bill may 
 file interrogatories to the plaintiff ; and 
 
 7. Consequently cross-bills for discovery only are abol- 
 ished. Those for relief are made substantially part of the 
 original proceedings. 
 
 8. Supplemental bills, bills of revivor and the like, are 
 dispensed with ; and their place is to be supplied by 
 amendments and orders in the original cause. 
 
37 
 
 9. On interlocutory applications, such as for an injunc- 
 tion or receiver, it is provided that either party may take, 
 or require his adversary to take testimony viva voce in the 
 presence of the court, subject to cross-examination, as in 
 ordinary cases. This will generally dispense with the use 
 of affidavits, which are demoralizing and unreliable, and 
 at the same time enable the parties to compel the attend- 
 ance of witnesses by subpoena, which cannot now be done. 
 
 10. Instead of a period of three months in which to 
 close testimony, which, in a vast . majority of cases, is 
 quite unnecessary, a thirty-days rule is allowed, subject to 
 enlargement on cause shown. 
 
 ii . Orders for allowing further time are hereafter only 
 to be granted on notice to the other party. 
 
 12. Cautionary orders on injunction bills are abolished. 
 At the same time, that which was their only excuse, the 
 rule that injunctions shall only be granted on notice, is 
 done away with. Cases of emergency sometimes occur 
 where there is no time to give formal notice, to prevent 
 irreparable injury, or where the notice would defeat its own. 
 purpose. On the other hand, the security which the law 
 requires before the grant of an injunction and the unwill- 
 ingness of judges to act without notice to the other party 
 except in extreme cases, afford together a sufficient protec- 
 tion to defendants. To this is added a provision that an 
 injunction without notice is made operative only for five 
 days, unless the motion is argued within that time. 
 
 13. In the city of Philadelphia, rules and orders to 
 plead or close testimony, which would otherwise expire in 
 the months of July and August, are postponed until Sep- 
 tember. A vacation, which elsewhere may be only a 
 habit, is here a necessity. 
 
 These are the principal alterations which the committee 
 have made. The object as will be seen has been in the 
 main to shorten and simplify equity proceedings ; to make 
 
38- 
 
 them less expensive, and at the same time to adapt them to 
 the course of practice and usuages which prevail in this 
 State in common law cases. Most of these changes are not 
 untried. They have for a number of years been adopted and 
 in use in England and elsewhere. Other alterations have 
 been made in the existing rules, either to correct their 
 phraseology or to adapt them to recent acts of assembly. 
 Besides this the whole body of rules have been re-arranged, 
 so as to give them a more logical order of succession than 
 they now possess. 
 
 The subject of costs has only been incidentally touched, 
 as it did not appear to be within the province of the com- 
 mittee. They would, however, respectfully recommend it 
 to the court as one needing revision. 
 
 All of which is respectfully submitted. 
 
 GEO. SHARSWOOD, 
 OSWALD THOMPSON, 
 ST. GEO. T CAMPBELL, 
 GEO. W. BIDDLE, 
 R. C. McMURTRIE, 
 FRED. C. BRIGHTLY, 
 HENRY WHARTON, 
 
 Committee. 
 
RULES IN EQUITY. 
 
 RULE I. 
 Miscellaneous Rules. 
 
 § i. fThe equity side of the supreme court, district 
 courts, and courts of common pleas, shall be deemed al- 
 ways open for the purpose of filing bills, answers and other 
 pleadings, for issuing and returning mesne and final pro- 
 cess and commissions, and for making and directing all 
 interlocutory motions, orders, rules and other proceedings, 
 preparatory to the hearing of causes upon their merits. 
 
 § 2. The prothonotary's office shall be open, and the 
 prothonotary shall be in attendance therein daily, during 
 office hours, for the purpose of receiving, entering, en- 
 tertaining and disposing of all motions, rules, orders and 
 other proceedings, which are grantable of course, and 
 applied for or had by the parties or their solicitors, in all 
 
 * The equity rules " having been established by the supreme court 
 under the authority of an act of legislature, have for us the same 
 effect as if they had been embodied in the form of positive law, and 
 oblige us to conform to their requirements." 
 
 Philadelphia vs. McManes et. al., 42 L. I., 160 (Allison, P. J., C. P., 
 April 11, 1885.) 
 
 The rules in equity cannot be suspended by the court of common 
 pleas nor can that court adopt others inconsistent therewith. 
 
 Gibbon's Appeal, 104 Pa. St. 587, (Trunkey, J., January 7, 1884). 
 
 The rules require a liberal consideration in favor of the right of 
 parties to notice of every application affecting their interest. 
 
 Gibbon's Appeal (Supra). 
 
 [t The original jurisdiction of the supreme court is greatly circum- 
 scribed by the Constitution of 1874, Art. V. Sec. 3, and the nisi prius 
 and district courts abolished by sections 6, 21.] 
 
 (39) 
 
40 
 
 causes pending in equity, in pursuance of the rules 
 hereby prescribed. 
 
 § 3. *In all cases in equity instituted in the supreme 
 court when sitting in the eastern district, the nisi prius 
 judge, unless otherwise ordered by the court on cause 
 shown, shall take cognizance, and shall hear and decide 
 the same, and make all necessary decrees as fully as the 
 supreme court in banc might or could do, subject to re- 
 vision according to the ninth section of the Act of 26th 
 of July, 1842. This nisi prius shall be open for equity 
 cases on all juridical days. 
 
 § 4. When any case in equity, within the meaning of 
 the first section of the act of 8th April, 1852, comes into 
 the supreme court in banc for revision, it shall be certified 
 from district to district until determined, as required by 
 the act aforesaid. All such cases, instituted in other dis- 
 tricts than the eastern district, shall be disposed of by the 
 supreme court in banc, without a preliminary reference to 
 the judge at nisi prius, and shall be certified for that pur- 
 pose from district to district, as the said act requires, 
 
 RULE II. 
 
 Process and Appearance. 
 
 § 5. No suit shall be deemed pending until the bill be 
 actually filed in the prothonotary's office. Every bill 
 shall be printed, except in the cases specially provided for 
 in these rules; and the prothonotary shall endorse thereon 
 the time of filing the same. 
 
 § 6. Unless otherwise provided by law, the defendant 
 or defendants shall be required, in the first instance, to ap- 
 pear and answer the exigency of the bill, by the service 
 upon each defendant therein named, of a printed copy 
 thereof, on which shall be endorsed a notice in the follow- 
 
 [*See note to sec. i, preceding page.] 
 
41 
 
 ing form: "To the within-named defendant, (here the 
 name of the defendant, upon whom service is to be made, 
 must be inserted). You are hereby notified and required, 
 within fourteen days after service hereof on you, exclusive 
 of the day of such service, to cause an appearance to be 
 entered for you in the Supreme Court of Pennsylvania, in 
 and for the Eastern District, (or as the case may be,) to the 
 within bill of complaint of the within-named (here insert 
 the name of complainant), and to observe what the said 
 court shall direct. Witness my hand at (here insert the 
 place where the court ,is held, the date of notice, and name 
 and place of business of plaintiff's solicitor). 
 
 ' ' Note. — If you fail to comply with the above directions 
 by not entering an appearance in theprothonotary's office, 
 within fourteen days, you will be liable to have the bill 
 taken pro confesso, and a decree made against you in your 
 absence. ' ' 
 
 § 7. Guardians ad litem to defend^a suit may be ap- 
 pointed by the court, or by any judge tnereof, on petition, 
 for infants or other persons, who are under guardianship, 
 or otherwise incapable to sue for themselves ; all infants 
 and other persons so incapable may sue by their guardians, 
 if any, or by their prochein ami, subject, however, to such 
 orders as the court may direct, as to security or otherwise, 
 for the protection of such infants and other persons. 
 
 § 8. Service upon a defendant shall be by giving him 
 a printed copy of the bill, with a notice endorsed thereon 
 in the form prescribed in these rules, or by leaving such 
 ■copy and notice at his dwelling house, with an adult mem- 
 ber of his family or the family in which he resides. The 
 court, or a law judge thereof, may direct how service shall 
 be made in special cases. 
 
 § 9. In cases where husband and wife are defendants, 
 service of a copy of the bill and notice to appear shall be 
 made on each of them. Service on non-resident defendants 
 
42 
 
 shall be made in the mode prescribed by the acts of assem- 
 bly relating thereto. 
 
 § 10. Service of the bill and notice to appear, on a cor- 
 poration, shall be effected in the mode prescribed by law 
 for the service of a writ of summons upon such corporation. 
 Where the commonwealth is a necessary party, service 
 shall be made in the manner prescribed by the act of 6th 
 April, 1844. 
 
 § 11. Whenever the court shall make an order under the 
 provisions of the Act of 6th April, 1859, for a service upon a 
 non-resident defendant, without the commonwealth, such 
 service shall be by delivery to him of a copy of the bill, such 
 as is provided for in these rules, together with a copy of the 
 order authorizing such service ; and in such case the form 
 of subpcena shall be similar, in substance, to the notice t» 
 appear prescribed by these rules, but so varied as to require 
 the defendant to cause an appearance to be entered for 
 him, on or before the time fixed in such special order. 
 
 § 12. Whenever the court shall direct service by pub- 
 lication, under the provisions of the act of 6th April, 1859,. 
 a copy of such order, together with a statement of the sub- 
 stance and object of the bill, petition or other proceeding, 
 shall be published in such one or more newspapers, and at 
 such times as the court shall by special order direct, hav- 
 ing regard to the probable residence of the defendant, and 
 affidavit filed stating all the knowledge or information of 
 the complainant or deponent in reference to such defend- 
 ant's place of residence. 
 
 § 13. Upon filing the bill the prothonotary shall enter 
 the suit upon his docket as pending in the court, and shall 
 state the time of entry ; and upon the filing of an affidavit 
 of the due service of notice to appear upon the defendant 
 or defendants, shall enter the same upon the docket. The 
 appearance of the defendant, either personally or by solic- 
 itor, shall be by a paper filed and endorsed by the prothon- 
 
43 
 
 btary, with the time of filing the same, and shall be noted 
 on the margin of the equity docket. If the defendant shall 
 not cause an appearance to be entered for him within the 
 time limited for that purpose, the plaintiff may, at his elec- 
 tion, enter an order as of course in the cause, that the bill 
 be taken pro confesso, or proceed by attachment as is here- 
 after provided by Section 29. 
 
 RULE III. 
 
 Pleadings Generally. 
 
 § 14. All bills, interrogatories, demurrers, pleas, answers 
 to bills, and to interrogatories, and amendments of plead- 
 ings, where such amendments exceed one hundred consecu- 
 tive words, shall be printed on white sized paper of a con- 
 venient size. Amendments shall be printed on one side 
 only of the paper. Each party appearing by separate coun- 
 sel shall be entitled to ten copies of all such pleadings. 
 The amount paid for printing shall be allowed as costs of 
 the cause. * This rule shall not apply where counsel shall 
 certify that his client, by reason of poverty, is unable to 
 pay for the same. In which case, instead of ten printed 
 copies, each party shall be entitled to one fairly written 
 copy of all pleadings, interrogatories, etc. , and in such case 
 any other party may print such papers, and be allowed for 
 the expense at the termination of the cause, or when the 
 court shall see fit to order the payment by the other party. 
 The prothonotary shall not permit any such unprinted 
 pleadings to be filed, saving with such a certificate, and 
 
 * \ 14. The defendant in a bill of discovery will be allowed the cost 
 of printing his answer. Mills vs. McLaughlin, defendant and Mageer 
 garnishee. 27 W. N. C. 573 (C. P. No. 1., March 28, 1891, Biddle, J.) 
 This rule does not require that the examiner's report be printed and 
 without a general or special order, there is no authority for allowing the 
 cost of printing such report, as costs. Rogers vs. Williams, et. al., Leg- 
 Gaz. Rep., 418 (Sharswood, J., Dec. 30, 1871, 5 1 . C. Nisi Prius). 
 
44 
 
 saving also bills for injunction where counsel shall certify 
 that there has not been time to print the same. And such 
 injunction bills shall be withdrawn and deemed finally dis- 
 missed as of course, unless within twenty days after filing 
 the same, printed copies are filed and served. 
 
 RULE IV. 
 Structure of Bill. 
 
 § 15. Every bill shall be expressed in as brief and suc- 
 cinct terms as it reasonably can be, and shall contain no 
 unnecessary recitals of deeds, documents, contracts, or 
 other instruments, in heec verba, or any other impertinent 
 matter, or any scandalous matter not relevant to the suit. 
 If it do, it may, on exceptions, be referred to a master by 
 any judge of the court for impertinence or scandal, and if 
 so found by him, the matter shall be expunged at the ex- 
 pense of the plaintiff, and he shall pay to the defendant all 
 his costs in the suit up to that time, unless the court or a 
 law judge thereof shall otherwise order. If the master 
 shall report that the bill is not scandalous or impertinent, 
 the plaintiff shall be entitled to all costs occasioned by 
 the reference, or the court or any law judge thereof may 
 decide thereon without a reference, unless the case shall 
 require it. 
 
 § 16. Every bill, in the introductory part thereof, shall 
 •contain the names of all the parties, plaintiffs, and defendants, 
 by and against whom the bill is brought. The form in sub- 
 stance shall be as follows: In the (style of court). Sitting 
 in equity. Between A B, plaintiff, and C D, defendant. 
 To the Honorable the Judges of the said court. Your 
 orator complains and says, &c. 
 
 § 17. The bill shall be divided into paragraphs con- 
 secutively numbered, and shall contain a succinct state- 
 ment of the facts upon which the plaintiff asks relief, and, 
 
45 
 
 at his option, the facts which are intended to avoid an 
 anticipated defence, and such averments as may be neces- 
 sary under the rules of equity pleading to entitle the plain- 
 tiff to relief, and the prayer for relief and for special orders, 
 writs, or process, which shall also be so divided and num- 
 bered. The combination clause, the interrogatories, and 
 the ^legation of want of remedy at law and similar formal 
 averments, shall be omitted. 
 
 RULE V. 
 Parties. 
 
 § 18. Where no account, payment, conveyance, or 
 other direct relief is sought against a party to a suit not 
 being an infant, the party upon service of the notice upon 
 him, need not appear and answer the bill, unless the plain- 
 tiff especially requires him so to do, by the prayer of his 
 bill; but he may appear and answer at his option; and if 
 he does not appear and answer, he shall be bound by all 
 the proceedings in the cause. If the plaintiff shall require 
 him to appear and answer, he shall be entitled to the costs 
 of all the proceedings against him, unless the court shall 
 otherwise direct. 
 
 § 19. Where infants or persons not sui juris, are parties, 
 the fact shall be specially stated in the bill, so that the 
 court, before or after the service of process, may take order 
 thereon as justice may require. 
 
 § 20. Where persons without the jurisdiction are proper 
 or necessary parties, this fact shall be stated in the bill, 
 and they may be brought in by service when they come 
 within the jurisdiction of the court, or under a special order 
 as provided by the acts of assembly. 
 
 § 21. In all cases where it shall appear to the court that 
 persons who might otherwise be deemed necessary or proper 
 parties to the suit, cannot be made parties by reason of 
 their being out of the jurisdiction of the court, capable 
 
4 6 
 
 otherwise of being made parties, or because their joinder 
 would oust the jurisdiction of the court as to the parties 
 before the court, the court may, in their discretion, pro- 
 ceed in the cause without making such persons parties ; 
 and in such cases the decree shall be without prejudice to 
 the rights of the absent parties. 
 
 § 22. Where the parties on either side are very numer- 
 ous, and cannot without manifest inconvenience and op- 
 pressive delays in the suit be all brought before it, the 
 court in its discretion may dispense with making all of 
 them parties, and may proceed in the suit, having suffi- 
 cient parties before it to represent all the adverse interest 
 of the plaintiffs and the defendants in the suit properly be- 
 fore it. But in such cases the decree shall be without preju- 
 dice to the rights and claims of all the absent parties. 
 
 § 23. In all suits concerning real estate which is vested 
 in trustees, and such trustees are competent to sell and 
 give discharges for the proceeds of the sale, and for the 
 rents and profits of the estate, such trustees shall represent 
 the persons beneficially interested in the estate or the pro- 
 ceeds, or the rents and profits, in the same manner and to 
 the same extent as the executors or administrators in suits 
 concerning personal estate represent the persons beneficially 
 interested in such personal estate ; and in such cases it shall 
 not be necessary to make the persons beneficially interested 
 in such real estate or rents and profits parties to the suit, 
 but the court may, upon consideration* of the matter on 
 the hearing, if it shall so think fit, order such persons to be 
 made parties. 
 
 § 24. In suits to execute the trusts of a will it shall not 
 be necessary to make the heir-at-law a party ; but the plain- 
 tiff shall be at liberty to make the heirs-at-law a party, 
 where he desires to have the will established against them. 
 
 § 25. In all cases where the plaintiff has a joint and 
 several demand against several persons, either as prin- 
 
47 
 
 cipals or sureties, it shall not be necessary to bring 
 before the court, as parties to a suit concerning such 
 demand, all the persons liable thereto ; but the plain- 
 tiff may proceed against one or more of the persons 
 severally liable. But the defendant may at once pro- 
 ceed by a bill in the nature of a cross-bill against such 
 party as is liable jointly with him, and such party shall be 
 permitted to make himself a party to the original cause, 
 and defend the same, and the proceedings in the original 
 cause shall, after the service of such cross-bill, be conclu- 
 sive as to such other party, and if he shall appear thereto, 
 be conducted as if he had been made a party thereto in the 
 first instance. 
 
 § 26. If a defendant shall, at the hearing of a case, 
 •object that a suit is defective for want of parties not having 
 by plea or answer taken the objection, and therein specified 
 by name or description the parties to whom the objection 
 applies, the court, if it shall think fit, shall be at liberty 
 to make a decree, saving the rights of the absent parties. 
 
 § 27. Where the defendant shall, by his answer, sug- 
 gest that the bill is defective for want of parties, the plain- 
 tiff shall be at liberty, within fourteen days after answer 
 filed, to set down the cause for argument upon that objec- 
 tion only ; and the purpose for which the same is so set 
 down shall be notified by an entry, to be made in the equity 
 docket, in the form or to the effect following, that is to 
 say: "Set down upon the defendant's objection for want 
 of parties." And where the plaintiff shall not set down 
 his cause, but shall proceed therewith to a hearing, not- 
 withstanding an objection for want of parties taken by the 
 answer, he shall not, at the hearing of the cause, if the de- 
 fendant's objection shall then be allowed, be entitled as of 
 course to an order for liberty to amend his bill by adding 
 parties. But the court, if it think fit, shall be at liberty 
 to dismiss the bill. 
 
4 8 
 
 § 28. The parties to a suit may at any time before de- 
 cree, by agreement in writing, without special motion, 
 consent that the bill be dismissed, with or without costs, 
 as may be stipulated ; and upon payment of the costs due 
 to the officers of the court, such agreement shall be entered 
 upon the docket, and the suit shall be thereupon fully 
 ended and discontinued. 
 
 RULE VI. 
 
 Pleas, Demurrers and Decrees Pro Confesso. 
 
 § 29. The plaintiff shall be entitled immediately after 
 the defendant's appearance is entered, to a rule on de- 
 fendant to be entered of course in the prothonotary's office, 
 to file his plea, demurrer, or answer to the bill within thirty 
 days after service of notice of such rule ; in default of 
 compliance therewith' the plaintiff may at his election enter 
 an order as of course in the cause, that the bill be taken 
 pro confesso. And in such case, and also where the bill is 
 taken pro confesso for want of an appearance, the cause 
 shall be proceeded in ex parte, and the case may be put 
 upon the next equity argument list,- and the matter of the 
 bill may be decreed by the court when there reached in 
 its order, if the same can be done without an answer, upon 
 the allegations in the bill, which without further proof 
 shall be taken as admitted ; or the plaintiff, if he requires 
 any discovery or answer to enable him to obtain a proper 
 decree, shall be entitled to process of attachment against 
 the defendant to compel an answer, and the defendant 
 shall not, when arrested upon such process, be discharged 
 therefrom unless upon filing his answer or otherwise com- 
 plying with such order as the court or a law judge thereof 
 may direct as to pleading to or fully answering the bill 
 within a period to be fixed by the court or judge, and un- 
 dertaking to speed the cause ; or it shall be in the option 
 
49 
 
 of the plaintiff, when such rule to plead, answer or demur 
 shall have been served as aforesaid and not complied with, 
 or on default of appearance by the defendant within the 
 time limited therefor, instead of taking the bill pro con- 
 /esso, to have process of contempt to compel an answer. 
 
 § 30. When the bill is taken pro confesso, and the court 
 shall have proceeded to a decree as aforesaid, such decree 
 so rendered shall be deemed absolute, unless the court or 
 a law judge thereof shall, within fourteen days after the 
 seivice of notice of such decree on the defendant, set aside 
 the same and give the defendant time for riling an answer 
 upon cause shown. And no such motion shall be granted, 
 unless the defendant shall undertake to file his answer 
 within such time as the court shall direct, and submit to 
 such other terms as the court shall direct for the purpose 
 of speeding the cause. 
 
 § 31. The defendant may, at any time before the bill 
 is taken for confessed, or afterwards with the leave of the 
 court, demur or plead to the whole bill or to part of it, and 
 he may demur to part, plead to part, and answer as to the 
 residue ; but in every case in which the bill specially 
 charges fraud or combination, a plea to such part must be 
 accompanied with an answer fortifying the plea, and ex- 
 plicitly denying the fraud and combination and the facts 
 on which the charge is founded.* 
 
 § 32. No demurrer or plea shall be allowed to be filed 
 to any bill, unless supported by affidavit that it is not in- 
 terposed for delay ; and if a plea, that it is true in point of 
 fact. Demurrers shall be substantially in the form follow- 
 
 § 31. "But he may not plead or answer, and demur also, to the 
 whole bill or to the same part of the bill. I£ he demur to part, and 
 answer to the same part, both cannot stand. The demurrer in such case 
 is overruled. With much more reason is this the case when there is a 
 demurrer to the whole, and an answer to the whole." Barry's Appeal, 
 119 Pa. St., 413 (Paxson, J., March 26, 1888). 
 
50 
 
 ing: "The defendant demurs to the whole bill, " "or to 
 so much of the bill, or discovery or relief," stating the 
 particulars and assigning the reasons or grounds in detail. 
 
 § 33. The plaintiff may set down the demurrer or plea 
 to be argued, or he may take issue on the plea. If, upon 
 an issue, the facts stated in the plea be determined for the 
 defendant, they shall avail him as far as in law and equity 
 they ought to avail him. 
 
 § 34. If the plaintiff shall not reply to any plea, or set 
 down any plea or demurrer for argument within ten days 
 after service of the same, the defendant may set it down 
 for argument on five days' notice. 
 
 § 35. No demurrer or plea shall be held bad and over- 
 ruled upon argument, only because such demurrer or plea 
 shall not cover so much of the bill as it might by law have 
 extended to, or because the answer of the defendant may 
 extend to some part of the same matter as may be covered 
 by such demurrer or plea. 
 
 § 36. If, upon the hearing, any demurrer or plea shall 
 be allowed, the court may, in its discretion, upon motion 
 of the plaintiff, allow him to amend his bill upon such 
 terms as it shall deem reasonable. 
 
 § 37. If, upon the hearing, any demurrer or plea is 
 overruled, unless the court shall be satisfied that it was 
 intended for vexation and delay, the defendant shall be 
 assigned to answer the bill, or so much thereof as is cov- 
 ered by the plea or demurrer, at such period as, consist- 
 ently with justice and the rights of the defendant, the same 
 can, in the judgment of the court, be reasonably done ; in 
 default whereof the bill shall be taken against him, pro 
 confesso, and the matter thereof proceeded in and decreed 
 accordingly ; and such decree shall also be made when the 
 court deems the plea or demurrer to have been for vexa- 
 tion and delay, and to have. been frivolous or unfounded. 
 
51 
 
 RULE VII. 
 Answers and Cross-bills. 
 
 § 38. The defendant shall make answer to all the ma- 
 terial allegations of the bill. ' The answer of a defendant 
 must be in the first person, and divided into paragraphs, 
 numbered consecutively, each paragraph containing, as 
 nearly as may be, a separate and distinct allegation . The 
 rule, that if the defendant submits to answer, he shall 
 answer fully to all the matters of the bill, shall no longer 
 apply in cases where he. might, by plea or demurrer, pro- 
 tect himself from such answer or discovery. And the de- 
 fendant shall be entitled in all cases, by answer, to insist 
 upon all matters of defence in law (not being matters of 
 abatement, or to the character of the parties, or of matters 
 of form), to the merits of the bill, of which he may be en- 
 titled to avail himself by a demurrer or plea in bar ; and 
 in such answer he shall not be compellable to answer any 
 other matters than he would be compellable to answer and 
 discover, upon filing a demurrer or plea in bar and an 
 answer in support of such plea, touching the matters set 
 forth in the bill to avoid or repel the bar, or defence. — Thus, 
 for example, a bona fide purchaser, for a valuable consid- 
 eration, without notice, may set up the defence, by way of 
 answer, instead of plea, and shall be entitled to the same 
 protection, and shall not be compellable to make any 
 further answer or discovery of his title than he would be 
 in any answer in support of such plea. * 
 
 § 39. Specific interrogatories to defendants shall not be 
 included in the bill, but may be filed separately. In like 
 manner, any defendants shall be entitled to file interroga- 
 tories to any of the plaintiffs after he shall have put in his 
 own answer to the bill. In either case, they may be filed 
 
 I 38. A defendant may by answer protect himself against discovery, 
 through a denial of complainant title. Perry vs. McKinley, 5 Clark, 326 
 (Thompson, J., C. P., Phila., 1854). 
 
52 
 
 at any time before the taking of testimony is begun, and 
 shall be deemed, with the answers, part of the pleadings. 
 By special order on notice, they may be filed after testi- 
 mony has been taken, and answers required at such time 
 as the court or a law judge may order. They shall be di- 
 vided as conveniently as may be, and numbered. Where 
 there is more than one defendant or plaintiff, the particular 
 interrogatories which each is required to answer shall be 
 specified by a note at the foot of the paper. A copy shall 
 be served on each party required to answer them, or his 
 counsel, and an order of course, to answer within ten days 
 after such service, and on neglect to answer any interroga- 
 tory and serve a copy of such answer within that time, the 
 plantiff or defendant, as the case may be, shall be entitled 
 to move for an attachment to compel an answer.* 
 
 § 40. A plaintiff or defendant shall be at liberty to de- 
 cline answering any interrogatory, or part of an interroga- 
 tory, when he might have protected himself by demurrer 
 from answering the subject-matter of the interrogatory ; 
 and he shall be at liberty so to decline, notwithstanding 
 he shall answer other interrogatories, from which he might 
 have protected himself by demurrer, and the plaintiff or 
 defendant may, on forty-eight hours notice, set down the 
 matter for a hearing before any law judge of the court, as 
 on an exception to the answer for insufficiency. But 
 where the interrogatories are not fully answered, and no 
 reason is assigned for the omission, the particular objection 
 must be pointed out by exception, to be filed and served at 
 least ten days before the hearing of such exception. The 
 plaintiff or defendant shall be at liberty, before answers to 
 
 \ 39, A defendant in a bill of discovery in aid of an issue at law, 
 cannot by denying the truth of the principal fact upon which is based 
 plaintiff's right to recover, decline to answer interrogations which 
 would tend to prove the truth of the fact so denied. Bains vs. Goldey, 
 35 Pa. St., 51 (opinion of Sharswood, P. J., of District Court of Phila- 
 delphia, affirmed by Sup. Ct, i860). 
 
53 
 
 the interrogatories are filed, or pending exceptions, to file 
 or require a replication, and proceed to take testimony 
 without waiver of his right to such answers, or of his ex- 
 ceptions to the answers. 
 
 § 41. Cross-bills for discovery only shall not be allowed, 
 but the defendant shall be at liberty instead thereof, to file 
 interrogatories to the plaintiff as above provided. In 
 #ther cross-bills no further reference shall be made to the 
 matters contained in the original bill than shall be neces- 
 sary, but the same may be treated as if incorporated 
 therein. The rules regulating the form of bills shall 
 apply to cross-bills. If no new parties are introduced, 
 service of a copy of the cross-bill on the counsel of the 
 plaintiff in the original bill shall be sufficient. Where 
 other persons are made parties, the service shall be in the 
 manner provided in original bills, a copy of such original 
 bill being served together with the cross-bill, and such 
 new parties shall be entitled to have copies of the answer 
 to the original bill as required for the plaintiff. 
 
 § 42. Answers and affidavits may be sworn to before 
 any person authorized to administer oaths under the laws 
 or usages of this commonwealth, or of any other state, 
 territory or country, where the oath is taken. 
 
 RUIvE VIII. 
 Exceptions to Answers. 
 
 § 43. After answers are filed to the interrogatories, the 
 plaintiff shall be allowed twenty days from the service of 
 a copy of such answers on the plaintiff's counsel, to file 
 in the prothonotary's office exceptions thereto, and no 
 longer, unless a longer time shall be allowed for the pur- 
 pose, upon cause shown to the court or a law judge thereof ; 
 and if no exceptions shall be filed thereto within that 
 period, the answer shall be deemed and taken to be suffi- 
 cient. 
 
54 
 
 § 44- Where an exception shall be filed to the answer 
 to any interrogatory for insufficiency, within the period 
 prescribed by these rules, if the defendant shall not 
 submit to the same, and file an amended answer 
 within ten days from service of a copy of such exception 
 on the defendant's counsel, the plaintiff shall forthwith 
 order the prothonotary to set the matter down for a hear- 
 ing on the next day thereafter appointed for such causey, 
 before a law judge of the court, and shall give notice of 
 such order to the opposite party or his solicitor. And if 
 he shall not so set the same down for a hearing, the excep- 
 tion shall be deemed abandoned, and the answer shall be 
 deemed sufficient ; provided, however, that the court or 
 any law judge thereof may, for good cause shown, enlarge 
 the time for filing an exception or for filing an amended 
 answer in their or his discretion, upon such terms as they 
 or he may deem reasonable. Exceptions shall be printed, 
 and the expense of printing such as are sustained shall be 
 allowed as costs, to be immediately recovered. 
 
 § 45. If, at the hearing, any exception shall be allowed, 
 the defendant shall be bound to put in a full and complete 
 answer to the particular interrogatory, within ten days, 
 unless the time be enlarged by order of the court, otherwise 
 the plaintiff shall of course be entitled to take the bill, so 
 far as the matter of such exceptions is concerned, as con- 
 fessed, or, at his election, he may have a writ of attach- 
 ment to compel the defendant to make a better answer to 
 the matter of the exception ; and the defendant, when 
 he is in custody upon such writ, shall not be discharged 
 therefrom but by an order of the court or of a law judge 
 thereof, upon his putting in such answer and complying 
 with such other terms as the court or judge may direct. 
 
 § 46. No order shall be made by any judge for refer- 
 ring any bill, answer, or pleading, c;r other matter, or 
 
55 
 
 proceeding depending before the court for scandal or im- 
 pertinence, unless exceptions are taken in writing, and 
 signed by counsel, describing the particular passages which 
 are considered to be scandalous or impertinent ; nor unless 
 the exceptions shall be filed within ten days after the ser- 
 vice of the same upon the party excepting or his counsel, 
 and such exceptions may be set down for hearing by either 
 party on forty-eight hours notice, or such other notice as 
 the court may direct to the opposite party. 
 
 Rule IX. 
 
 Replications. 
 
 § 47. Whenever the answer of the defendant shall not 
 be excepted to, or shall be adjudged or deemed sufficient, 
 the plaintiff shall file the general replication thereto within 
 ten days thereafter, unless he shall set the cause down on 
 bill and answer ; and in all cases where the general repli- 
 cation is filed, the cause shall be deemed to all intents 
 and purposes at issue, without any rejoinder or other plead- 
 ing on either side. If the plaintiff shall omit or refuse to 
 file such replication within the prescribed period, the de- 
 fendant shall be entitled to a rule upon him to reply within 
 ten days after notice of such rule ; on failure to file such 
 replication with notice to the defendant's counsel, the 
 plaintiff shall be deemed to have abandoned his right, to 
 traverse the matters alleged in the answer. The replica- 
 tion shall be in substance thus : "The piaintiff joins issue 
 on the matters alleged in the answer." 
 
 §.48. No special replication to any answer shall be'filed. 
 But if any matter alleged in the answer shall make it 
 necessary for the plaintiff to amend his bill, he may have 
 leave to amend the same upon motion to the court or a law 
 judge thereof in vacation. 
 
5.6 
 
 RULE X. 
 
 Amendments, Supplemental Bills, &c. 
 
 § 49. The plaintiff shall be at liberty, as a matter of 
 course, to amend his bill in any matters whatsoever, be- 
 fore answer, plea, or demurrer to the bill, but he shall, 
 without delay, give the defendant notice of such amend- 
 ment, and all rules taken by the plaintiff in the case shall 
 be suspended until such notice is given. * 
 
 § 50. After an answer, or plea, or demurrer is put in, 
 and before replication, the plaintiff may, upon motion or 
 petition, without notice, obtain an order from any law 
 judge of the court to amend his bill within twenty days 
 thereafter. But after the replication filed the plaintiff 
 shall not be permitted to withdraw it and to amend his bill, 
 except upon an order of a law judge of the court, upon 
 motion or petition, after due notice to the other party, and 
 upon proof by affidavit that the same is not made for the 
 purpose of vexation or delay, or * that the matter of the 
 proposed amendment is material, and could not with reason- 
 able diligence have been sooner introduced into the bill, 
 and upon the plaintiff's submitting to such other terms as 
 may be imposed by the judge for speeding the cause. 
 
 § 51. If the plaintiff, so obtaining any order to amend 
 his bill after answer, or plea, or demurrer, or after replica- 
 tion, shall not file his amendments or amended bill, as the 
 case may require, in the prothonotary's office, and serve a 
 copy on the counsel of all other parties to the cause, who 
 appear by counsel within the time appointed for making 
 such amendments, he shall be considered to have abandon- 
 
 \ 49. It is too late to amend a billin equity, after bill, answer, replica- 
 tion, reference to a master and examination of witnesses. Dougherty 
 vs. Murphy, 1 Legal Chr. Rep., 280 (Schuylkill Co., Pershing, J.). 
 
 \ 50. The word "or" is to be read "and." Toomey etux.xs. Hughes, 
 8 C. C. Rep., 304, C. P. 4 (Thayer, P. J., November 2, 1889). 
 
57 
 
 ed the same, and the cause shall proceed as if no applica- 
 tion for any amendment had been made. 
 
 § 52. In every case where, after answer filed, an amend- 
 ment of the bill is made in such particulars as to vary the 
 case or the grounds of relief, the defendants shall be at 
 liberty to demur or plead to the amended bill or to the 
 amendments, as if no answers had been filed, and the 
 answer to the original bill shall not, unless the defendant 
 fails to put in another answer when required, be nsed ex- 
 cept as an admission of the facts therein stated, subject to 
 explanation by the answer subsequently filed. Answers to 
 amendments may be required at such times as the court or 
 a law judge upon notice shall direct, and shall be in other 
 respects subject to the rules regulating answers to the 
 original bill. 
 
 § 53. After an answer is put in, it may be amended as 
 of course, in any matter of form, or by filling up a blank, 
 or correcting a date, of reference to a document, or other 
 small matter, and be re-sworn, at any time before replica- 
 tion is put in, or the cause is set down for a hearing upon 
 bill and answer. But after replication or such setting 
 down for a hearing, it shall not be amended in any material 
 matters, as by adding new facts or defences, or qualifying 
 or altering the original statements, except by special leave 
 of the court or a law judge thereof, upon motion and cause 
 shown after due notice to the adverse party, supported, if 
 required, by affidavit. And in every case where leave is 
 so granted, the court or the judge granting the same may, 
 in his discretion, require that the same be separately en- 
 grossed and added as a distinct amendment to the original 
 answer, so as to be distinguishable therefrom. 
 
 § 54. Whenever the circumstances are such as to re- 
 quire a bill of revivor, supplemental bill, or bill in the 
 nature of either or both, or where additional or different 
 parties are required to be joined, the same shall be made 
 
58 
 
 by way of amendment or addition to the original bill, and 
 copies of such amendments or additions being served on 
 the parties to the original bill, or their counsel, on the 
 record, shall entitle the plaintiff to proceed as on an original 
 bill, after service. Where a new party is joined, a copy of 
 the original bill and the amendment shall be served as is. 
 provided for in the case of original bills. But, where the 
 personal representative of a deceased party is properly re- 
 quired to be joined, it may be done by stating on the record 
 the fact of the death, and the grant of letters to such rep- 
 resentative, and by service of notice of such statement on 
 such representative ; and the cause, without more delay,, 
 shall proceed as if such representative had been originally 
 a party, allowing him ten days to appear. 
 
 RULE XI. 
 Evidence. . 
 
 § 55. An order to take the testimony of ancient, infirm: 
 and going witnesses de bene esse before any alderman or 
 justice of the peace of the respective county, or other per- 
 son therein, authorized by law to take depositions in other 
 cases, maybe entered by either party in theprothonotary's 
 office of course, at any time after the service of process 
 stipulating a reasonable notice to the adverse party ; so of 
 an order for a commission to any place within the State of 
 Pennsylvania, more than forty miles distant from the 
 county seat of the respective county, or to any other state 
 or territory, or to foreign parts. But in case of a commis- 
 sion, the interrogatories must be filed in the prothonotary's 
 office at the time, and written notice of this last order and 
 of the names of the commissioners must be served on the 
 adverse party at least fifteen days before the commission 
 issues, in order that he may file cross-interrogatories, or 
 nominate commissioners on his part, if he shall deem it. 
 
59 
 
 eligible : Provided^ That depositions taken before mag- 
 istrates in the method prescribed by this rule, shall only 
 be allowed to be read in evidence on the hearing of the 
 cause, in case the same facts shall appear before the ex- 
 aminer appointed to take testimony in the cause after it is 
 at issue, and be certified by him to excuse the production 
 of such witnesses before him as are necessary for the in- 
 troduction of depositions taken de bene esse on trials by 
 jury in the same courts, or if taken by the commissioner 
 before the cause is at issue, under this rule, it shall appear 
 by affidavit at the hearing that the witnesses so examined 
 were aged, infirm, or going out of the country, or that any 
 of them was a single witness to a material fact. 
 
 § 56. Upon the return of the commission executed, the 
 same may, at the application of either party, be opened by 
 any one of the judges of the court, in term time or vaca- 
 tion, or by the prothonotary ; and the prothonotary shall 
 give notice to the parties of the return of any commission, 
 and of the filing of depositions taken before any alderman, 
 justice of the peace, or examiner, and the parties shall, 
 within ten days after service of such notice npon them re- 
 spectively, enter exceptions in writing, if they have any, 
 to the form of the interrogatories or the manner of the ex- 
 ecution of the commission, and the taking of the deposi- 
 tions, or be forever precluded from the benefit of such ex- 
 ceptions, which exceptions when so taken may be put down 
 for hearing by either party giving forty-eight hours notice to 
 his adversary thereof, of such other notice as the court 
 may direct. 
 
 § 57. The last of the interrogatories to take testimony 
 shall be stated in substance, thus : "Do you know, or 
 can you set forth any other matter or thing, which may 
 be a benefit or advantage to the parties at issue in this 
 cause, or either of them, or that may be material to the 
 subject of this your examination, or the . matters in 
 
6o 
 
 question in this cause ? If yea, set forth the same fully 
 and at large in your answer."* 
 
 § 58. On all interlocutory applications, as for an in- 
 junction, or the appointment of a receiver, either party 
 shall be at liberty to produce his witnesses for examination 
 in open court at the hearing of the application, as to all 
 such matters as could be proved by their affidavits, subject 
 to cross-examination as in other cases, or, upon reasonable 
 notice, to require the other, party to produce his witnesses 
 for examination in open court, unless sufficient cause be 
 shown to the contrary, f 
 
 § 59. The method of taking testimony, except in 
 cases provided for in the foregoing rules, shall be as fol- 
 lows : After the cause is at issue, the court shall appoint 
 an examiner at the request of either party who may first 
 make application, which examiner shall cause such wit- 
 nesses as either party may name to him to come before 
 him on a reasonable day or days, to be appointed by him, 
 of which he shall give notice to the parties ; for the en- 
 forcing the attendance of which witnesses, either party 
 may have subpoena or subpoenas, returnable before such 
 examiner, to be enforced by the usual process of contempt. 
 The examination shall be conducted by the counsel of the 
 
 * J 57- Unless the final interrogatory is in the form prescribed by this 
 rule, the deposition will be suppressed. 
 
 An interrogatory, "Do you know any other matter or thing which 
 would tend to the advantage of the plaintiff to prove in his case ?" etc., 
 is not correct. Smith vs. Coke/air, 1 C. C. Rep., 48 (Northampton co., 
 Schuyler, P. J, November 16, 1885). 
 
 But when the objection is not made within the proper time (ten day's 
 after notice of, filing. — Sec. 56), the deposition will be admitted. Darns 
 Shoe Co. vs. Insurance Co., 138 Pa. St., 73 (Paxson, C. J., November 
 3, 1890). 
 
 t This rule was suspended until further orders by the supreme court, 
 29th June, 1866, reserving to the judge the right to enforce the same at 
 his discretion. 
 
6i 
 
 parties viva voce, and the answers of the witnesses shall be 
 reduced to writing by the examiner, and the questions also, 
 if necessary to the understanding of the answer or if it be 
 required by either party. The testimony of both parties 
 shall be taken before the same examiner, and the de- 
 fendant shall not be compelled to proceed with the taking 
 of his testimony, until the plaintiff has finished, or de- 
 clared he has none to take, nor shall the plaintiff be com- 
 pelled to proceed with the rebutting testimony until 
 the defendant has completed the testimony on his 
 part ; * but the court may, upon the special application of 
 either party, upon cause shown, appoint an additional ex- 
 aminer before whom the party making such application 
 may proceed to take his testimony, notwithstanding the 
 pendency of the proceeding of his adversary before the ex- 
 aminer first named. 
 
 § 60. Whenever under these rules an oath is or may 
 be required to be taken, the party may, if conscientiously 
 scrupulous of taking an oath, in lieu thereof make solemn 
 affirmation to the truth of the facts stated by him. All 
 affidavits and depositions shall be taken and expressed in 
 the first person of the deponent ; and shall be divided into 
 paragraphs, and each paragraph, as nearly as may be, con- 
 fined to a distinct portion of the subject. 
 
 § 61. Either party may enter a rule as of course on his 
 adversary to close the taking of his testimony within 
 thirty days after notice of such rule ; any testimony taken 
 after thirty days notice of such rule shall not be read in 
 evidence at the hearing of the cause. But it shall be in 
 the discretion of the court to enlarge the time on the ap- 
 plication of the party against whom such order may have 
 
 I 59. An examiner appointed under these rules, has no right to limit 
 or restrict the examination or cross examination of witnesses. Phila- 
 delphia vs. McManes, et.al. 42 L. I., 160 (Allison, P. J., C P. 1, April 
 n, 1885). 
 
62 
 
 been obtained, upon sufficient cause being shown ; and no 
 such rule shall be entered against a party while, by the 
 provisions of the 59th section, such party is not bound to 
 begin until his adversary has closed. 
 
 Rule XII. 
 Masters. * 
 
 § 62. The courts may appoint standing masters in 
 chancery in their respective jurisdictions, and they may 
 also appoint a master pro hac vice, in any particular case. 
 The compensation to be allowed to every master in 
 chancery for his services in any particular cause, shall be 
 fixed by the court in its discretion, having regard to all 
 the circumstances thereof ; and the compensation shall be 
 charged upon and borne by such of the parties in the 
 cause, as the court shall direct . The master shall not re- 
 tain his report as security for his compensation ; but when 
 the compensation is allowed by the court, he shall be en- 
 titled to an attachment for the amount against the party 
 who is ordered to pay the same, if, upon notice thereof, he 
 does not pay it within the time prescribed by the court, f 
 
 * \ 62. The power of the lower court to appoint or remove a master 
 is unquestioned, but the proceedings must be in accord with the rules 
 in equity prescribed by the supreme court. A rule to remove a master 
 is not of course. His removal without notice to all parties is irregular. 
 Sec. 73 is applicable in such a case. Gibbons Appeal, 104 Pa. St., 587 
 (Trunkey, J., Jan'y. 7, 1SS4). 
 
 1 1 62. This section in so far as it allowed an attachment lor the mas- 
 ter's fee is illegal, being contrary to the act of 12th July, 1842. P. L., 339. 
 
 Pierce's Appeal, 103 Pa. St., 27 (Trunkey, J., Apr. 16; 1883) and cases 
 there cited. This was a proceeding based on a contract, and it was held 
 that the costs were of the same nature. But if the decree is founded 
 upon a tort or breach of duty by a trustee, the costs imposed follow the 
 wrong act. If the party is liable to arrest to enforce the payment of 
 money, or the performance of a specific thing, he is, also, for the costs 
 taxed against him in the judgment or decree. Church's Appeal, 103 
 Pa. St., 263 (Trunkey, J., May 7, 1883). 
 
63 
 
 § 63. Whenever any reference of any matter is made to 
 a master to examine and report thereon, the party at whose 
 instance, or for whose benefit the reference is made, shall 
 •cause the same to be presented to the master for a hearing 
 within ten days after the day when the reference was made; 
 if he shall omit to do so, the adverse party shall be at 
 liberty forthwith to cause proceedings to be had before the 
 master, at the costs of the party procuring the reference. * 
 
 § 64. Upon every such reference it shall be the duty of 
 the master, as soon as he reasonably can after the same is 
 brought before him, to assign a time and place for proceed- 
 ings in the same, and to give due notice thereof to each of 
 the parties or their solicitors ; and if either party shall fail 
 to appear at the time and place appointed, the master shall 
 be at liberty to proceed ex parte, or in his discretion to 
 adjourn the examination and proceedings to a future day, 
 giving notice to the absent party or his solicitor of such 
 adjournment ; and it shall be the duty of the master to 
 proceed with all reasonable diligence in every such refer- 
 ence, and with the least practicable delay ; f and either 
 party shall be at liberty to apply to the court or a law 
 judge thereof, for an order to the master to speed the pro- 
 ceedings, and to make his report, and to certify to the 
 court or judge the reasons for any delay. 
 
 § 65. The master shall regulate all the proceedings in 
 every hearing before him, upon every such reference ; and 
 he shall have full authority to examine the parties in the 
 
 * 1 63. It is not sufficient under this rule to merely give the name of the 
 commissioner. " The true construction of this rule of court demands 
 such designation of the commissioners as will to a reasonable certainty 
 inform the party served where they may be found." Patterson vs. 
 Greenland, etal., 37 Pa. St., 510 (Woodward, J., Jan'y 7, 1861). 
 
 t % 64. If a master refuses to proceed with the taking of testimony 
 because of non-payment for his services, the court will order him to 
 file his report. Huddy vs. Caldwell, 6 W. N. C, 448 (Thayer, P. J., 
 C. P. 4, January 25, 1879). 
 
6 4 
 
 cause, upon oath, touching all matters contained in the 
 reference ; and also to require the production of all books, 
 papers, writings, vouchers, and all other documents appli- 
 cable thereto ; where, by the principles of courts of 
 chancery, the production of them may be compelled, and 
 also to examine on oath viva voce, all witnesses produced 
 by the parties before him, and to order the examination of 
 other witnesses to be taken, under a commission to be 
 issued upon his certificate by the prothonotary ; and also 
 to direct the mode in which the matters requiring evidence 
 shall be proved before him ; and generally to do all other 
 acts, and direct all other inquiries and proceedings in the 
 matters before him which he may |deem necessary and 
 proper to the justice and merits thereof, and the rights of 
 the parties. 
 
 § 66. All parties accounting before a master shall bring 
 in their respective accounts in the form of debtor and 
 creditor, and any of the other parties who shall not be 
 satisfied with the account so brought in, shall be at liberty 
 to examine the accounting party, viva voce, or upon in- 
 terrogatories before the master, or by deposition, as the 
 master shall direct. 
 
 § 67. The master shall be at liberty to examine any 
 creditor or other person coming in to claim before him, 
 either upon written interrogatories or viva voce, or in both 
 modes, as the nature of the case may appear to him to re- 
 quire. The evidence upon such examination shall be 
 taken down by the master, or by some other person by his 
 order and in his presence, if either party requires it, in 
 order that the same may be used by the court, if necessary. 
 
 § 68. All affidavits, depositions, and documents which 
 have been previously made, read, or used in the court, 
 upon any proceeding in any cause or matter, may be used 
 before the master. 
 
65 
 
 § 6g. No exception will be received to the report of any 
 master, unless the party excepting has filed the same with 
 the master, by whom the report has been made, whose 
 duty it shall be, on such exception being filed, to re-exam- 
 ine the subject and amend his report, if in his opinion such 
 exceptions are in whole or in part well founded. And in 
 order to give all parties in interest an opportunity oi enter- 
 ing such exceptions, no master shall file his report until 
 ten days after he has notified to the parties his intention so 
 to do on a day designated, and giving them an opportunity 
 of having access to such report. On the hearing of the 
 question of confirming or setting aside the master's report, 
 the party excepting thereto shall be confined to the excep- 
 tion made by him before the master, according to the pre- 
 vious requisition of this rule ; reserving to the court, how- 
 ever, the power of committing the report again, should jus- 
 tice require it. On the return of the master's final report, 
 or at such time as may be established by the rules of the 
 particular court, either party may set down the cause for 
 hearing on the next equity argument list, provided that at 
 least four_ days shall intervene ; but if no exceptions be 
 filed as thus provided, the report shall be confirmed at the 
 expiration of twenty days succeeding the day on which it 
 shall have been filed. 
 
 RULE XIII. 
 Interlocutory Orders, Generally. 
 
 § 70 Any judge of the supreme court, or district courts, 
 or any law judge of the courts of common pleas, as well in 
 vacation as in term, may at chambers make and direct all 
 such interlocutory orders, rules, and other proceedings 
 preparatory to the hearing of causes upon their merits, in 
 the same manner and with the same effect as the court 
 could make and direct the same in term, reasonable notice 
 of the same being first given to the adverse party or his 
 
66 
 
 solicitor, to appear and show cause to the contrary, at such 
 time thereafter as shall be assigned by the judge for the 
 hearing thereof. 
 
 § 71. All motions, rules, orders, and other proceedings 
 made and directed at chambers or at the prothonotary's 
 office, whether special or of course, shall be entered by the 
 prothonotary in his equity docket, on the day on which 
 they are made and directed, and notice thereof given to 
 the solicitors shall be deemed notice to the parties for 
 whom they appear and whom they represent, in all cases 
 in which personal notice on the parties is not otherwise 
 specially required. The equity docket shall be kept by 
 the prothonotary at his office, and shall be open at all office 
 hours to the free inspection of the parties in any suit in 
 equity, and their solicitors. All notices shall be in 
 writing. 
 
 § 72. All motions and applications in the prothono- 
 tary's office for the issuing of mesne and final process, (ex- 
 cept process of sequestration and of attachment to enforce 
 and execute decrees;) for filing bills, answers, pleas, de- 
 .murrers, and other pleadings; for making amendments to 
 bills and answers; for taking bills pro confesso; for filing 
 exceptions, and for other proceedings which do not by the 
 rules hereafter prescribed require any allowance or order 
 of the court, or of any judge thereof, shall be deemed 
 motions and applications grantable of course by the pro- 
 thonotary of the court; but the same may be suspended, 
 altered, or rescinded by any law judge of the court upon 
 cause shown. 
 
 § 73. All motions for rules or orders, and other pro- 
 ceedings which are not grantable of course, or without 
 notice, shall be made on application to the court or a law 
 judge at chambers, and entered in the equity docket, and 
 shall be heard at such time thereafter as shall be assigned 
 
*7 
 
 therefor by the court or judge the time of the making the 
 application; and if the adverse party or his solicitor, after 
 notice thereof, shall not then appear, or shall not show 
 good cause against the same, the motion may be heard by 
 any law judge of the court, ex parte, and granted, as if 
 not objected to, or refused, in his discretion.* 
 
 § 74: No order allowing further time shall be made 
 without written notice of the application for such order to 
 the counsel on record of the opposite party; and any order 
 which does not recite such notice, or that the counsel at- 
 tended at the hearing, may be disregarded. 
 
 § 75. Cautionary orders in injunction bills shall not be 
 made, nor shall any injunction be allowed except security 
 be given according to law. But whenever an injunction 
 shall be granted without previous notice to the opposite 
 party, it shall be taken to be dissolved if the motion be 
 not argued within five days after such notice given, unless 
 otherwise specially ordered by the court or a law judge 
 thereof. 
 
 § 76. In the city of Philadelphia all rules, or orders to 
 plead or to close testimony, which, according to the time 
 prescribed in the foregoing rules, would otherwise expire on 
 any day of the months of July and August, shall be deemed 
 and taken to expire on the same day of the month of Sep- 
 tember following. 
 
 § jy. If, on any interlocutory proceeding, a party shall 
 be ordered to pay the costs thereof, such costs shall be 
 taxed by the prothonotary, and payment thereof may be 
 
 fj 73. A rule to remove a master is not of course. Notice of such rule 
 must be given to all parties. Gibbons' Appeal, 104 Pa. St., 587 (Trunkey, 
 J.,Jan'y.7,i884). 
 
 As to what rules are of course see Mitchell on Rules and Motions, p. 14. 
 
68 
 
 enforced by attachment * and sequestration, or the party to 
 whom the said costs are directed to be paid may, at his 
 option, have a common law writ of execution for the re- 
 covery thereof ; and the party against whom such order is 
 made shall not be allowed to take any further step in the 
 cause until payment of such costs. 
 
 RULE XIV. 
 Decrees, and Final Process. 
 
 § 78. In drawing up decrees and orders, neither the bill 
 nor answer, nor other pleadings, nor any part thereof, nor 
 the report of any master, nor any other prior proceedings, 
 shall be recited or stated in the decree or order ; but the 
 decree and orders shall begin in substance as follows: 
 ' ' This cause came on to be heard (or to be further heard, 
 as the case may be) at this term , and was argued by counsel, 
 and thereupon, upon consideration thereof, it is ordered, 
 adjudged, and decreed as follows, viz : " (Here insert the 
 decree or order.) 
 
 § 79. The decree shall be drawn by the solicitor of the 
 party in whose favor it is, who shall, unless otherwise 
 herein provided, serve a copy thereof on the solicitor of the 
 adverse party, with notice of the time, which shall not be 
 less than three days thereafter, when the same will be sub- 
 mitted to the court ; but the court may direct the decree 
 to be entered forthwith, without further notice, upon the 
 same being pronounced, should they think the justice of 
 the case requires it, or when the solicitor of the opposite 
 
 \ 77. An attachment cannot issue to collect the costs where the pro- 
 ceedings is founded on a contract. Pierce's Appeal, 103 Pa. St., 27 
 (Trunkey, J., April 16, 1883). 
 
 But an attachment to collect the costs may issue if the decree is 
 founded on a tort, or breach of duty by a trustee. Church's Appeal, 103 
 Pa. St., 263 (Trunkey, J., May 7, 1883). 
 
6 9 
 
 party is present and does not object to the form thereof. 
 If the opposite party, where notice is required to be given 
 to him, shall not deem such draft of decree in conformity 
 with the intentions of the court, he may file exceptions 
 thereto before the day of hearing designated in such notice, 
 which shall be submitted with the draft of the decree on 
 the day so appointed, and thereupon, the court approving 
 of the draft, or correcting the same in conformity with 
 such exceptions, or otherwise, the prothonotary shall enter 
 it in his equity docket, and from thenceforth it shall be- 
 come the act and decree of the court. 
 
 § 80. If the decree or order be merely for the payment 
 of money, the party in whose favor it is made shall be 
 entitled to have a minute thereof (without waiting for the 
 draft of a more formal decree) entered in the equity docket 
 and placed in the usual form of entering judgments in the 
 judgment index of the common law side of the court. 
 
 § 81. Unless otherwise provided by law or by these 
 rules, or specially ordered by the court, a writ of attach- 
 ment, and if the defendant | cannot be found, or it may 
 otherwise be thought proper by the court, a writ of seques- 
 tration or a writ of assistance to enforce a delivery of pos- 
 session, as the case may require, shall be the proper process 
 to issue for the purpose of compelling obedience to any 
 interlocutory or final order or decree of the court ; but the 
 same shall not be issued, unless upon motion and allow- 
 ance by the court or a law judge thereof. 
 
 § 82. When any decree or order is for the delivery of 
 possession, upon proof made by affidavit of a demand and 
 refusal to obey the decree or order, the party prosecuting 
 the same shall be at liberty to apply forthwith to the court 
 or to a law judge, for an order for a writ of assistance, upon 
 the allowance of which the prothonotary shall immediately 
 issue the same. 
 
§ 83. Final process to execute any decree may, if the 
 decree be solely for the payment of money, be by a writ of 
 execution, in the form used in the same court in suits at 
 common law in actions of debt or assumpsit. If the decree 
 be for the performance of any specific act, as, for example, 
 for the execution of a conveyance of land or delivering up 
 of deeds or other documents, the decree shall prescribe the 
 time within which the act shall be done, of which the de- 
 fendant shall be bound, without further service, to take 
 notice ; and upon affidavit of the plaintiff, filed in the pro- 
 thonotary's office, that the same has not been complied 
 with, the court, if sitting, or any law judge during vaca- 
 tion, may direct the issuing of a writ of attachment against 
 the delinquent party, from which, if attached thereon, he 
 shall not be discharged unless upon a full compliance with 
 the decree and the payment of costs; or upon a special 
 order of the court or of a law judge thereof, upon motion 
 and affidavit, enlarging the time for the performance 
 thereof. If the delinquent party cannot be found, a writ 
 of sequestration may, upon motion, be ordered by the court 
 or a law judge thereof, to be issued against his estate upon 
 the return of non est inventus, to compel obedience to the 
 decree. 
 
 § 84. Every person not being a party in any cause, who 
 has obtained an order, or in whose favor an order shall have 
 been made, shall be enabled to enforce obedience to such 
 order by the same process as if he were a party to the 
 cause ; and every person not being a party to the cause 
 against whom obedience to an order of the court may be 
 enforced, shall be liable to the same process for enforc- 
 ing obedience to such order, as if he were a party in the 
 cause . 
 
 § 85. Clerical mistakes in decrees or decretal orders, 
 or error arising from any accidental slip or omission, may 
 be corrected by order of the court or a law judge there- 
 
7i 
 
 of, upon petition, without the form or expense of a 
 rehearing. 
 
 Rule XV. 
 Rehearing. 
 
 § 86. Every petition for a rehearing shall contain the 
 special matter or cause on which such rehearing is applied 
 for, shall be signed by counsel, and the facts therein 
 stated, if not apparent on the record, shall be verified by 
 the oath of the party, or by some other person. A rehear- 
 ing may be granted at any time within the discretion of 
 the court ; but where the decree has been executed, parties 
 who have acted on the faith of such decree shall not be 
 prejudiced by such decree being reversed or varied. 
 
 Rule XVI. 
 General Provisions. 
 
 § 87. The courts may make any other and further rules 
 and regulations for the practice, proceedings, and process, 
 mesne, and final, in their respective districts, not incon- 
 sistent with the rules hereby prescribed, in their discretion, 
 and from time to time alter and amend the same. 
 
 § 88. In all cases when these rules or those prescribed 
 by the other courts do not apply, the practice of the 
 courts shall be regulated by the present practice of the 
 high court of chancery in England,* so far as the same 
 
 ? 88. Where a bill of discovery is filed praying for the production 
 of books, and an answer is filed in which defendant admits the possession 
 of the book, the plaintiff, following the practice of the High Court of 
 Chancery in England, is entitled as of course to the order for inspection. 
 Reed vs. Stevenson, et al., 6 W. N. C, 173 (Thayer, P. J., C. P. 4, Phila. 
 co., Oct. 21, 1878). 
 
 An appeal from a decree in Chancery in England does not suspend 
 proceedings, unless a special order to that effect has been made by the 
 Chancellor. Barker, et al. vs. Hartman Steel Co., limited, 6 Pa. C. C. 
 Rep., 183 (Beaver co., Wickham, P. J., Dec. 10, 1888). 
 
72 
 
 may reasonably be applied consistently with the local cir- 
 cumstances and local convenience of the district where 
 the court is held, not as positive rules, but as furnishing 
 just analogies to regulate the practice. 
 
 § 89. These rules shall take effect from and after the 
 first day of July, 1865. It shall be the duty of the pro- 
 thonotary of the supreme court for the eastern district 
 forthwith to send a certified copy thereof to the prothono- 
 taries of the middle, northern, and western districts, and 
 to the prothonotary of each district court and court of 
 common pleas throughout the State. 
 
RULES OF COMMON PLEAS. 
 
 GENERAL RULES. 
 
 Adopted by the several courts of common pleas of the 
 county of Philadelphia, for the arrangement of business. 
 
 I. — Attorneys. 
 
 All attorneys of the late district court and court ot com- 
 mon pleas, who were, on the second day of January, 1875, 
 in good standing on the rolls of both of the said courts, 
 are admitted to practice as attorneys of these courts. 
 
 II. — Distribution of Old Business. 
 
 All actions and proceedings in the courts of common 
 pleas, or district courts of the city and county of Phila- 
 delphia, heretofore brought to or commenced during the 
 December term of any year shall be transferred to the 
 court of common pleas No. 1. 
 
 All actions and proceedings of March term of any year, 
 to the court of common pleas No. 2. 
 
 All actions and proceedings of the June term of any 
 year, to the court of common pleas No. 3. 
 
 All actions and proceedings of the September term of 
 any year, to the court of common pleas No. 4. * 
 
 All actions and proceedings transferred from the court 
 of nisi prius, which have been heretofore brought to or 
 commenced during the January term of said court of any 
 
 1 See Lee vs, Barnum, 1 W. N. C. 265; Elliott vs. Mullin, id. 314: 
 Schneider vs. Spaeder, id. 485; assigned estate of Baker, 2 W. N. C. 198 ; 
 Lorenz vs. Betz, id. 274; City vs. Wister, id. 274; Betz vs. Lorenz, id. 
 335; Johnson vs. Stokes, id. 353; Bank vs. Parrish, 5 W. N. C 57. 
 
 (73) 
 
74 
 
 year, shall be transferred to the court of common pleas 
 No. 3; and all actions or proceedings heretofore brought 
 to or commenced during July term of said court of nisi 
 prius of any year, shall be transferred to the court of 
 common pleas No. 4. 
 
 All attachment executions pending on the fourth day of 
 January, 1875, are transferred to the courts having juris- 
 diction of the cases originated in the terms to which such 
 attachment executions issued. 
 
 III. — Distribution of New Business. 
 
 All actions at law, proceedings in equity, and all other 
 proceedings of every nature and kind whatsoever, 2 here- 
 after originated in the courts of common pleas, shall be 
 distributed, apportioned and assigned by the prothonotary 
 to the several courts of common pleas in the following: 
 manner : 
 
 The first 1000 cases to the court of common pleas No. 1. 
 
 The second 1000 cases to the court of common pleas- 
 No. 2. 
 
 The third 1000 cases to the court of common pleas No. 3. 
 
 The fourth 1000 cases to the court of common pleas No. 4. 
 
 The fifth 1000 cases to the court of common pleas No. 1. 
 
 And so on, alternately, the several cases and proceed- 
 ings being assigned to each court in succession in the 
 manner aforesaid. And the distribution, apportionment 
 and assignment so made by the prothonotary in obedience 
 to this rule, shall be conclusive upon all parties to such 
 actions or proceedings ; and the court to which the said 
 cases shall be respectively distributed and assigned by the 
 prothonotary shall, as provided by the constitution, have 
 exclusive jurisdiction thereof. 
 
 The prothonotary shall mark upon each praecipe, or 
 
 2. This rule extends only to writs or process whereby actions or other, 
 proceedings are originated. 32 L. I., 4. 
 
75 
 
 other original application or paper which may come into 
 his office, the court to which the said suit or proceeding is 
 assigned, and shall enter the same in the proper docket of 
 the said court. 
 
 Alias and pluries writs, writs of execution, and of scire 
 facias to revive judgment, writs of scire facias on mechan- 
 ics' claims . and against garnishees, and all other writs or 
 process of every kind, which are founded upon 3 and an- 
 cillary to some other 1 action, judgment, claim or proceed- 
 ing, shall be issued from the same court, and be entitled as 
 of the same term and number of said original. 
 
 The prothonotary shall keep a separate general appear- 
 ance docket for each court, wherein shall be entered all 
 actions and proceedings of every kind assigned to the said 
 courts respectively, except mechanics' claims and proceed- 
 ings thereon. 
 
 All subsequent entries relating to any cases, and all an- 
 cillary proceedings by execution or otherwise shall be 
 docketed in the same dockef, and entitled in the same 
 term and number as the original action or proceeding 
 whereon they are founded. 
 
 Mechanics' claims shall be kept in the mechanics' lien 
 docket of the proper court, and all proceedings relative 
 thereto shall be entered in the same docket, and entitled 
 as of the same term and number. 
 
 3. Debt upon bail bond in error is founded upon the original suit 
 within the meaning of this rule, and should be brought in court where 
 the original action was commenced. Given vs. Johnson, 16 W. N. C, 424 
 (C. P. 3, Sept. 2i, 1885). So also debt on recognizance of bail in error. 
 Wahl vs. V/anamaker, 8 W. N. C, 306 (C. P. 1, Feb. 25, 1880). Lukens 
 vs. Btyson, 9 W. N. C, 540 (C P. 1, Allison, J., Oct. 4, 1880). So also 
 scire facias on recognizance of bail in error. Keyser et al. vs. Dialogue 
 etal., 4 W. N. C, 11 (S. C, Feb. 5, 1877). 
 
 But a suit against a late partner commenced after the suit against 
 the other partner should not be entitled of the same term and number. 
 Spoonervs. Schollenberger, 17 W. N. C, 424 (C. P. 2, March, 1886). 
 
7 6 
 
 Whenever there shall be pending in different courts of 
 common pleas of this county, any actions or proceedings 
 at law or in equity, which it would be convenient for the 
 administration of justice, to have tried or determined by 
 the same court, the court in which the action or proceed- 
 ing last brought shall be pending may, upon motion of 
 either party before trial, or final hearing, with notice to 
 the other side, and upon cause shown, order the said action 
 or proceeding last brought to be transferred by the prothon- 
 otary to the court in which said prior action or proceed- 
 ing shall be pending, and thereupon the said last mention- 
 ed court shall be vested with exclusive jurisdiction over 
 the said action or proceeding in like manner as if said ac- 
 tion or proceeding had been originally commenced 
 therein. 4 
 
 All bills (in equity,) the object of which is the enjoining 
 of pending proceedings at law or in equity in any of the 
 courts of common pleas of the county, shall be assigned 
 by the prothonotary to the court, in which such proceedings 
 at law or in equity shall be pending, without reference to 
 the assignment of current business at that time under 
 these general rules (of these courts). 
 
 All writs of habeas corpus shall be made returnable the 
 following Friday before the judge sitting in the court of 
 
 4. A proceeding to remove a trustee and a bill to compel the same 
 trustee to account should properly be heard in the same court. In re 
 Daniel, 28 W. N. C, 198 (Arnold, J., C. P. 4, June 9, 1891). 
 
 The latter of two actions brought to recover instalments of annuity, 
 was transferred to the court in which the first suit was commenced. 
 Griffith vs. Church- Extension Society, 42 L. I., 170, (C. P., 2, 1885.) 
 
 Action against sheriff for false return should be brought in the court 
 where the original action was commenced. White vs. Taylor, 13 W. N. 
 C, 27 (C. P. i., Biddle, J., March 17, 1883). 
 
 A purchaser at a sheriff's sale, of the interest of one partner, must 
 proceed in the same court which possessed control of the sale, in a bill 
 for account by the other partner. Bryan vs. Daily, 37 L. I., 322 (C. P. 1. 
 Allison, J., July 3, 1880). 
 
77 
 
 quarter sessions, unless the judge allowing the writ shall 
 otherwise direct. 
 
 When an appeal is taken under the provision of the act 
 of June 13, 1874 (P. Iy., 283), the said appeal, together 
 with the affidavit required to accompany the same, shall 
 be filed in the court of common pleas, the judges of which 
 compose the court of quarter sessions, to which the peti- 
 tion for a jury shall have been assigned under the rules; 
 and the said courts of common pleas shall have exclusive 
 jurisdiction of all proceedings upon such appeal. 
 
RULES 
 
 OF THE 
 
 Courts of Common Pleas. 
 
 RULE I. 
 
 Admissions for the purpose of Evidence? 
 
 § i. In all actions instituted on any bill, note, bond, 
 recognizance, deed, mortgage, assignment or other instru- 
 ment of writing for the payment of money, of which a 
 copy or a statement of the place of record authorised by the 
 several acts of assembly, shall have been filed before or 
 within two weeks after the return of the original process, 
 and, in actions in which such copy or statement shall have 
 been filed at or before the time of filing of the narr and 
 served therewith, it shall not be necessary for the plaintiff, 
 at the trial, to prove the drawing, acceptance, endorse- 
 ment 6 or execution thereof, or demand non-payment or non- 
 acceptance ; and protest and notice thereof 7 ; but the same 
 
 5. Courts have no authority to establish rules which alter the rules 
 of evidence. Doe vs. Wenn, 5 Pet., C. C. Rep. 223. See also Mills vs. 
 Bank of U. S., n Wheat., 431. 
 
 6. This rule applies to an action against the endorser of a promissory 
 note. Miller vs." Weeks, 22 Pa. St., 89 (Woodward, J., October 17, 
 1853) ; Clegg vs. Mintzer, 38 L. I., 451 (C. P. 1, Biddle, J., December 
 3, 1881). 
 
 7. As to the authority of the court of common pleas to make" such a rule, 
 see McCloy vs. Maffatt's Adm'r, 59 Pa. St., 344, (Williams, J., November 
 16, 1868) ; McGovern & Fisher vs. Hoesback, 53 Pa. St., 176 (Woodward, 
 C. J., November 5, 1866); Reese vs. Reese, 90 Pa. St., 89 (Trunkey, J., 
 May 5, 1879); Mattern vs.McDivitt, 113 Pa. St., 336 (Trunkey, J., Octo- 
 ber 4, 1886). 
 
 This rule was adopted in 1885, being an amendment of a former rule, 
 upon the same subject. It applies in actions commenced by a person 
 
 (78) 
 
79 
 
 shall be taken to be admitted, 8 unless the defendant, or 
 some person for him or her, by affidavit 9 filed at or be- 
 fore the time of filing his or her plea, shall have denied 
 that such bill, note, bond, recognizance, deed, mortgage, 
 assignment or other instrument of writing was duly 10 
 drawn, accepted, endorsed or executed, or that demand 
 was duly made and payment or acceptance refused, and 
 protest duly made, and that notice thereof was duly given. 
 
 § 2. Tn all actions by or against partners, it shall not 
 be necessary for the plaintiff on the trial to prove the 
 partnership, but the same shall be taken to be admitted as 
 alleged on the record, unless one or more of the defendants, 
 or some person for him or them, shall, at or before the 
 filing his or their plea, file an affidavit denying the exis- 
 tence of the partnership in relation to the subject matter 
 
 either individually or in a representative capacity. Under a similar rule 
 admitting as evidence such portions of the affidavit of claim as are not 
 denied by the affidavit of defense the courts of common pleas of Alle- 
 gheny county, held the affidavit of claim of an administrater suing in 
 his representative capacity to be admissible. Schupp vs. Schupp, 17 W. 
 N. C, 236 (S. C, January 4, 1886). The rule is applicable also in cases 
 where the defendent is a natural person or a corporatian. Batt vs. 
 Penna. Globe Gas Light Co., 43 L. I., 86 (Thayer, P. J., C. P. 4, February 
 20, 1886). 
 
 8. Brock vs. Watson, 48 L. I., 328 (C. P. 2, Pennypacker, J., August 11, 
 1891). 
 
 9. Denial in affidavit of defence is sufficient. Hogg vs. Orgill, 34 Pa. 
 St., 344 (Thompson, J., 1859). 
 
 10. In Batl vs. Pennsylvania Globe Gas Light Company, (supra), is 
 a discussion by Thayer, P. J., of C.P. 4 (February 20, 1886), on this portion 
 of the above rules. "The word 'duly' was introduced upon a revision of 
 the rules and means regularly, properly, legally, upon proper authority. 
 The object of its introduction was plainly to provide for a case in which 
 although the signatures might be genuine, a question might be made, 
 whether they were properly affixed to the instrument, and whether the 
 defendant whom the instrument purported to bind had given authority 
 for its execution. In such cases the object of the rule is to put the de- 
 fendant to an affidavit denying that the instrument was ' duly' executed 
 that is, lawfully and upon sufficient authority." 
 
8o 
 
 of the action, and stating to the best of his or their knowl- 
 edge and belief whether there is any such partnership and 
 who are parties to it. 11 
 
 RULE II. 
 
 Affidavit. 
 § 3. Attorneys holding commissions as notaries public, 
 or who are authorized to administer oaths, shall not take 
 nor attest the affidavit of any party represented by them, 
 and all affidavits taken in violation of this rule shall be 
 treated as null. 12 
 
 RULE III. 
 Affidavit of defence.™ 
 § 4. Whenever the plaintiff has not filed in the office of 
 the prothonotary, within one week after the return of the 
 
 11. The failure of the defendant to file an affidavit denying the part- 
 nership, with his plea estops him from denying the partnership at the 
 trial of the cause. Mullervs. Haggerfy, et. al., 2 W. N. C., 427(0. P. 
 2, March 19, 1876). An affidavit denying liability only but not partner- 
 ship estops the defendant also. Prescott \s- Buckwalter, 1 W". N. C, 
 58 (Per Curiam S. C, November 2, 1874). If the plea denying part- 
 
 ■ nership is not sworn to or an affidavit filed, the defendant will not be 
 permitted to give evidence at the trial denying partnership, even 
 though his affidavit of defence denies the partnership. Panievs. Gordon, 
 et. al., 5 W. N. C, 292 (C. P. 3, March 20, 1878). Contra, Adams vs. 
 Kehoe, 1 W. N. C, 232 (C. P. 2, February 20, 1875.) In Steinbeisser vs. 
 Corbion, 9 W. N. C. 528 ^Thayer, P. J., C. P. 4, March 7, 1881), an affidavit 
 denying partnership was allowed to be filed nunc pro tunc after issue. 
 
 12. See Geyn vs. Clark, 14 W. C. N.,432. 
 
 13. Judgments for want of an affidavit of defence, originated in an agree- 
 ment of the Philadelphia bar, in 1795 ; (3 W. N. C. 567) were soon after 
 authorized by rules of court, and received legislative sanction by the 
 act of 28 March, 1835 (P. L., 89). Prior to the procedure act of 1887 
 (sec. s P. L., 271) there was not express legislative authority for a judg- 
 ment for want of a sufficient affidavit of defence. The act of 1835 and 
 its supplements spoke only of judgments for want of an affidavit and 
 the practice for half a century rested undisturbed on the incontroverti 
 ble judicial deduction that an insufficient affidavit was legally no affida- 
 vit atall. Mitchell, J., va.Stedm.an vs.Poterie, 139 Pa. St., 100, (Jan. 5, 1891). 
 
 There is no rule in the common pleas authorizing the plaintiff to take 
 
8i 
 
 original process, a copy 14 of the bill, note, bond, book en- 
 tries or instrument of writing required by the second 
 section of the act of 28th March, 1835, or an affi- 
 davit of loan or advance, required by the fourteenth 
 section of the act of nth March, 1836, but has filed the 
 
 judgment for the amount admitted to be due, and to proceed for the 
 remainder. Blydensteinvs. Haseltine, 140 Pa. St., 120 {Per curiam, Feb. 
 16, 1891.) In Philadelphia county if the plaintiff take judgment for the 
 portion admitted to be due, he cannot proceed thereafter to recover the 
 balance. Blydenstein vs. Haseltine (supra). 
 
 The act of 1887, does not repeal the old laws requiring affidavits of 
 defence. (1 Brew. Practice ? 16); but the " rules of court allowing judg- 
 ment to be taken for part of a claim, did not receive such legislative 
 sanction as practically incorporated them in the act or took them out 
 of the control of the courts. All that the act does is to mention them 
 in such manner as to avoid the implication that they are abolished. 
 Rules upon the subject, old or new, are still within the authority and 
 control of each court in regard to its own practice." Marlin vs. Waters, 
 127 Pa. St., 177; Stedman vs. Poterie (supra). 
 
 An affidavit of defence means an affidavit upon the merits. McCavney 
 vs. McCamp, 1 Ash. 4 (Rush, J., 1812). 
 
 The present tendency may be said to be decidedly in favor of requir- 
 ing an affidavit satisfactory upon all the essential points of the alleged 
 defence. Mitchell on Motions and Rules, 56. 
 
 Rules regulating judgment for want of an affidavit of defence apply 
 to actions begun by foreign attachment. Pqff vs. North Bangor Co. 
 5 Pa. C. C. Rep., 543 (C. P. Northampton co , Schuyler, P. J., July 16, 
 1888). 
 
 To require an affidavit of defence the affidavit of claim must be suffi- 
 cient. Garrard vs. Co., of Allegheny, 2 Pitts., 338, (Williams, A. J., 
 August 23, 1862). The filing of an affidavit is no waiver of an objection 
 to the sufficiency of the plaintiff's claims. Hutchinson vs. Woodwell, 
 107 Pa. St., 509, (Mercur, C. J., January 5, 1885). Where the plaintiff is 
 entitled to judgment unless the defendant files an affidavit of defence 
 on a certain day, the defendant is entitled to the whole of such day to 
 file the affidavit. Duncan vs. Bell, Johnston, Jack & Co., 28 Pa., 516, 
 (Armstrong, J., 1851). 
 
 If judgment may be taken for want of an affidavit of defence at a 
 certain time, it may be entered at any time after. Slocum vs. Slocwm, 
 8 Watts 367, (Kennedy, J., July 1839). 
 
 14. If the copy is filed on the first Monday after return day it is 
 within the week. Ulrich vs Stohrer, 12 Phila., 189. 
 
82 
 
 same within two weeks after the return day 15 he shall give 
 written notice thereof to the defendant or his attorney at 
 least forty-eight hours before applying to the court for 
 judgment for want of an affidavit of defence, and in de- 
 fault of such notice the plaintiff shall not be allowed to 
 enter judgment. 16 
 
 § 4a. A copy of the affidavit of defence must be served 
 on the plaintiff or his attorney, within forty -eight hours 
 after the filing thereof. 
 
 RULE IV. 
 
 Agreements of Counsel. 
 
 § 5. All agreements of attorneys, touching the business 
 of the court, 17 shall be in writing, otherwise they shall be 
 considered of no validity. 
 
 15- A copy filed on the second Monday after return day is in time 
 and judgment may be taken if the plaintiff has taken no other steps in 
 the case to mislead the defendant or put him to additional costs. Hey 
 vs. Clymer, 16 W. N. C, 3, (C. P., 2. Mitchell, J., June 27, 1885). 
 
 16. Where the plaintiff fails to give notice of the filing of the copy 
 he is not entitled to judgment. Bergdoll vs. Toth, 14 W. N. C, 211 
 {Ludlow, P. J., C. P. 3, February 8, 1884). 
 
 17. "This rule relates to the ordinary routine of practice, and is design- 
 ed to exclude unseemly disputes and contradiction among gentlemen of 
 ths bar in the presence of the court. It has no application whatever to 
 agreements made to facilitate or guide a sheriff in the execution of writs 
 in his hands." Woodward, J., in Reamer's Appeal, 18 Pa. St., 510 (June 28, 
 1852) ; see also Powell vs. Tobias, 2 Philadelphia, 274, Sharwood, J.; but 
 where the justice of a case requires, a verbal agreement will be enforced 
 See Oliver vs. Met. Nat. Bk, et at., 3 Pennypacker, 74, where C. P. 2 of 
 Alleghany co., struck off a judgment, entered against garnishees in an 
 attachment execution for want of an answer, upon the proof of a verbal 
 agreement by counsel for the plaintiff not to take judgment pending 
 pertain proceedings which had not terminated at the time of judgment, 
 and until after notice, which action was affirmed by a divided court. 
 
83 
 
 RULE V. 
 
 Appeals. 
 
 § 6. In all cases of appeal by defendant from judg- 
 ment of a magistrate where, on the calling of the case for 
 trial, defendant does not appear to prosecute his appeal, 
 and the plaintiff is present and ready for trial, the court, 
 may, on motion of plaintiff's attorney, affirm the judg- 
 ment of the magistrate : Provided, that when there shall 
 ' have been an award of arbitrators filed upon such appeal, 
 judgment of affirmance of award shall be entered, and 
 when the award shall have been for a sum of money, the 
 judgment shall be for that sum together with the interest 
 thereon from the day of filing the award, or the day named 
 in the report. l8 
 
 § 6a. In all cases of appeal by the plaintiff from the 
 judgment of a magistrate, the plaintiff shall serve a writ- 
 ten notice of the appeal upon the defendant, stating the 
 court, term and number of the suit, and file an affidavit 
 of such service ten days before taking a judgment by de- 
 fault. 19 
 
 RULE VI. 
 Assignees' and Trustees' 1 Accounts. 
 
 § 7. A notice of the filing of all accounts of assignees, 
 trustees and committees, shall be published once a week 
 for four full weeks consecutively in the Legal Intelli- 
 gencer, and once a week for four full weeks in two daily 
 
 18. The above rule was held constitutional by the supreme court in 
 Lloyd vs. Foudy, 4 W. N. C, 225 (Per Curiam, February 24, 1877), it 
 remarking " that the courts have a right by rule to require vigilance in 
 the suitors, otherwise their business could not be carried oh." See also 
 Kuhn vs. Kisterbock, 6 Wh-, 166 (Per Curiam, January 18, 1841) ; Frost 
 vs. Roatch, id., 359 (Huston, J., April 3, 1841). 
 
 19. This section is new being adopted in 1885. Judgment stricken 
 ■off for non-compliance with this rule. Howard vs. Achuff, 19 W. N. C, 
 334 (C. P. 3, February 12, 1887). 
 
8 4 
 
 newspapers of the city of Philadelphia, setting forth that 
 the account will be allowed by the court at a certain time 
 to be stated in the notice, unless cause be shown to the 
 contrary ; and upon due proof being made of such publi- 
 cation, and if no exceptions have been filed, the account 
 shall be confirmed absolutely. 20 
 
 RULE VII. 
 Attachments. 
 
 § 8. Writs of attachment under the thirty-fifth section 
 of the act of 16th June, 1836, entitled, "An act relating 
 to executions, ' ' may be made returnable at any return day, 
 as in case of writs of summons. 
 
 § 9. In cases of attachment execution, where the de- 
 fendant interposes a defence, he shall set forth the grounds 
 thereof specifically, by affidavit, before or at the time of 
 filing his plea ; and in case he shall not file such affidavit 
 the plea shall, on motion, be stricken off. 
 
 § 10. When any attachment execution shall have issued 
 upon any judgment, the garnishee or defendant, after the 
 return day of such writ of attachment, may enter a rule on 
 the plaintiff as of course to file his interrogatories in 
 twenty days after service of notice of such rule, and in 
 case of default in filing such interrogatories a judgment 
 of non pros, may be entered by the court on motion, 
 and such judgment when entered shall operate to annul, 
 and defeat such attachment. 2 1 
 
 20. Notice of a petition for reconveyance of assigned estate after pay- 
 ment of creditors should by analogy be advertised the length of time 
 required by this rule for notice of filing accounts. In re assigned 
 Estate of Harris, 2 W. N. C, 335 (C. P. 2, Nov. 10, 1872.) 
 
 21. This rule is within the power of the court to make, and is not.in- 
 consistent with the 56 sec. of Act 13 June, 1836 (P. L. 17). Dougherty 
 vs. Thayer, 78 Pa. St., 172 {Per curiam, March 29, 1875). But a standing 
 rule of court requiring the garnishee in attachment execution to answer 
 interrogatories is irregular and contrary to the 56 sec. of the Act of 1836. 
 Ringwaltvs,. Bundle, 59 Pa. St., 51 (Strong, J., May 27, 1868). 
 
85 
 
 RULE VIII. 
 
 Attorneys. 
 
 § ii. It shall be the duty of every attorney of these 
 •courts to register with the prothonotary, the name, age and 
 place of residence of every person studying the law under 
 his direction ; and the time of clerkship shall be computed 
 from the date of such registry. 
 
 § 12. No person shall hereafter be registered as a stu- 
 dent at law until he shall have undergone an examination 
 ■on all the branches of a good English education by the 
 board of examiners, or a committee thereof, and shall have 
 produced and filed with the clerk of the court a certificate 
 signed by all the examiners who were present at his ex- 
 amination, that he is sufficiently prepared and qualified to 
 commence the study of the law. 
 
 The applicant must give one week's notice in writing 
 to the secretary of the board, of his desire to be registered, 
 before he shall come before them for examination. 
 
 § 13. No person shall be permitted to practice as an 
 attorney of this court, except upon the following con- 
 ditions : 
 
 First. — He shall be a citizen of the United States, and 
 of full age. 
 
 Second. — He shall have served a regular clerkship in the 
 office, and under the direction of a practicing attorney 22 of 
 this, or some other court of this Commonwealth, for three 
 years ; the last year of which clerkship shall have been 
 jpassed in the office, and under the direction of a practicing 
 attorney residing within the city and county of Phila- 
 delphia. 
 
 22. Serving a clerkship to a judge of the supreme court or to the 
 (President judge of the courts of common pleas is sufficient. Comm. ex 
 .rel Brackenbridge vs. Judges 1 S. & R., 187 (Tilghman, C. J. & Yeates, 
 J., Oct. 1814). 
 
86 
 
 Third. — He shall have undergone an examination before 
 the board of examiners, appointed for such purpose, and 
 shaU produce and file with the prothonotary, at the time 
 when his admission is moved for, a certificate signed by all 
 the examiners who were present at his examination, that 
 he is sufficiently qualified for admission to the bar, and 
 that they have received satisfactory evidence, in writing, 
 of his good moral character, which evidence of moral 
 character shall also be at the same time produced and filed: 
 as aforesaid. 
 
 § 14. Persons already admitted to practice in other 
 courts of this commonwealth, may, at the discretion of 
 this court, be admitted without an examination, on the 
 production of a certificate, by the presiding judge of the 
 court of common pleas of the county wherein such person 
 has been last admitted and practiced, of the good moral 
 character of the applicant for admission. No person shall 
 be admitted without the examination and registries before 
 mentioned, who has studied law in the county of Philadel- 
 phia, and has procured his admission elsewhere as a mere 
 preliminary to his admission to this court. 
 
 § 15. Attorneys from other states may be admitted 
 after a residence of two years within the state, the last 
 year of which residence shall have been passed within the- 
 city and county of Philadelphia, upon producing satisfac- 
 tory evidence of their admission into the supreme or superi- 
 or court of the state from which they came, and a certifi- 
 cate signed by the chief justice or presiding judge of such 
 court, that they are of good standing at the bar, and of 
 good moral character. 
 
 § 16. Attorneys at law from other states upon produc- 
 ing satisfactory evidence of their admission into the 
 supreme or superior court of the state from which they 
 came, and of their having practiced in some one or more- 
 of the courts of record of that state during seven years or 
 
8 7 
 
 more, may be admitted to practice at the bar of this court, 
 upon the recommendation of the board of examiners there- 
 of. 
 
 § 17. All attorneys from other courts applying for ad- 
 mission to practice in these courts shall in the first instance 
 present their papers to the board of examiners, which board 
 may notwithstanding any other rule, exercise their discre- 
 tion regarding examination of the applicants, and shall re- 
 port on the propriety of the admission of such attorneys. 2 * 
 
 § 18. Any citizen of the United States, of full age, who 
 shall have been graduated bachelor of laws by the Uni- 
 versity of Pennsylvania, after the course of study required 
 in the university, may be admitted to practice as an 
 attorney if he shall have complied with the rule now in 
 force as to preliminary examination, and been registered 
 for one year in the prothonotary's office a£ a student of law 
 in said university, by the dean of the law faculty thereof. 
 
 § 19. Any attorney who shall hereafter be stricken 
 from the rolls of any of the courts of Philadelphia county, 
 shall be thereby disqualified from practising in all the 
 other courts, unless the court making the order shall, in 
 its decree, recommend that the punishment be limited to 
 the said court. Any attorney who shall be convicted of an 
 infamous or immoral offence, shall be thereby disqualified 
 from practising as an attorney in this court. 
 
 § 19^. Every attorney now, or hereafter to be, ad- 
 mitted to practice in these courts, who has not an estab- 
 lished office for the conduct of his practice within the 
 county, shall register in the office of the prothonotary, in 
 a roll to be kept for that purpose, his name and the address 
 of an office within the county, or a post office address. 
 And such office shall be deemed to be the office of such 
 
 23. This rule is nullified by the Act of May 19, 1887 (P. L. 131). 
 
88 
 
 attorney, and a service thereat of all papers, notices and 
 letters, as required by law to be served, shall be deemed a 
 personal service upon such attorney. If a post office ad- 
 dress only is registered, then the deposit in the post office 
 at Philadelphia of a registered letter, directed to the reg. 
 istered post office address, shall be deemed equivalent to a 
 personal service. In default of the registration, as herein 
 provided for, a deposit with the prothonotary of any paper, 
 notice or letter, as aforesaid, shall be deemed equivalent to 
 a personal service. 
 
 RULE IX. 
 
 Auditors and Auditors' 1 Reports. 
 
 § 20. Auditors shall be members of the bar. 
 
 § 21. All motions for appointment of auditors, exami- 
 ners, masters, commissioners, appraisers, etc., must be re- 
 duced to writing and given to the clerk of the court. 
 
 § 22. In all cases where the proceeds of any sheriff's 
 sale shall be brought into court for distribution, and the 
 claims upon the said fund shall be referred to an auditor for 
 adjustment, public notice of the time and place of hearing 
 shall be given by the auditor by advertisement made twice 
 successively in the Legal Intelligencer, published in Phila- 
 delphia, and also every other day, five times, in one daily 
 newspaper of the city of Philadelphia. In such notice 
 aforesaid, all persons shall be required to make their claims 
 before snch auditor or be debarred from coming in upon 
 such fund. 
 
 This section shall apply to the accounts of assignees, 
 committees, trustees, etc. 
 
 § 23. In cases referred as aforesaid to an auditor, it 
 shall be the duty of any person desiring an issue to be 
 formed, to reduce his request in writing, with an affidavit 
 
8 9 
 
 that there are material facts in dispute, setting forth the 
 nature and character thereof, and to present the same to 
 the auditor within forty-eight hours after the hearing by 
 the auditor has been concluded ; and it shall be the duty 
 of the auditor forthwith to make report to the court of the 
 presentation of such written request to him, annexing said 
 request and affidavit to such report. 
 
 § 24. No exception shall be received to the report of 
 any auditor unless the party excepting has filed the same 
 with the auditor by whom the report has been made, 
 whose duty it shall be, on such exception being filed, to 
 re-examine the subject and amend his report, if, in his 
 opinion, such exceptions are, in the whole or in part, well 
 founded. And in order to give all parties in interest an 
 opportunity of entering such exceptions, no auditor shall 
 file his report until " ten days after he has notified the par- 
 ties of his intention so to do, on a day designated, and 
 giving them an opportunity of having access to report. 25 
 
 And on the hearing of the question of confirming or 
 setting aside any auditor's report, the party excepting 
 thereto shall be confined to the exception made by him 
 before the anditor according to the previous requisition of 
 this rule ; reserving to the court, however, the power of 
 recommitting the report should justice require it. 
 
 If no exception be filed the report shall be confirmed 
 nisi, of course, upon filing, and confirmed absolutely one 
 week thereafter. 
 
 24. The word " until " includes the day named in the auditor's 
 notice. In re assigned estate of Samuel Croft, 14 W. N. C, 437 (C. P. 
 2, April 5, 1884). 
 
 25. If the exceptions are filed after the time fixed by the rule and not 
 specially allowed for good cause the exceptions filed will not be con- 
 sidered by the Court below nor by the supreme court on appeal. 
 Riegets Est, 133 Pa. St., 38 {Per Curiam, Feb. 18, 1890). 
 
90 
 
 RULE X. 
 
 Bail. 
 
 § 25. No bail shall be required in actions of trespass 
 vietarmis, in actions for libels, slanderous words, malic- 
 ious prosecution, conspiracy or false imprisonment, unless 
 an affidavit of the cause of action be made and filed before 
 the issuing of the writ. 
 
 § 26. In all actions of trover and conversion, the affi- 
 davit to hold to bail shall fully set forth the circumstances 
 under which the defendant has possessed himself of the 
 goods, the particulars of which they consist, and the value 
 of them, and in what manner the defendant has converted 
 them to his own use. 
 
 § 27. The prothonotary shall issue no capias ad re- 
 spondendum endorsed with bail, in more than five hundred 
 dollars, without a special allocatur by one of the judges. 
 
 § 28. No attorney or sheriff's officer, bailiff or other 
 person, concerned in the execution of process, shall be per- 
 mitted or suffered to become special bail in any action or 
 suit unless by leave of the court. 26 
 
 § 29. Exceptions to bail under the act of Assembly of 
 13th June, 1836, relating to the commencement of actions, 
 must be made in writing and filed with the prothonotary ; 
 and notice thereof in writing shall be given by the plain- 
 tiff, within forty-eight hours from the filing of such ex- 
 ceptions. 
 
 26. Where a sheriff becomes surety upon a recognizance for an appeal 
 from an award of arbitration, it is error to strike off the appeal, regular 
 in other respects, without a rule on appellant to perfect his recognizance. 
 Kerr vs. Martin, 122 Pa. St., 436 (Hand J., October 22, 1888). When an 
 attorney becomes bail in an appeal, the proper course is not to move to 
 quash, but to order the entry of new bail. Short vs. Rudolph, 1 Pitts., 
 50 (Lowrie, C J., 1853). Court of common pleas No. 3, held that the rule 
 did not apply to bail before a magistrate. Gardy vs. Moffit, 14 W. N. 
 C, 438 (Ludlow, P. J., April 26, 1884). 
 
9 1 
 
 § 3°. Notice of the justification, addition or substitu- 
 tion of bail, must be given in writing to the plaintiff or his 
 attorney at least forty-eight hours before the time desig- 
 nated in the notice for such justification, addition or sub- 
 stitution ; and the notice shall specify the name of the 
 bail, his residence and occupation and the property owned 
 by him, which is to be offered as security. 
 
 § 31 . A rule to show cause of action and why the de- 
 fendant shall not be discharged on common bail must be 
 moved within six days from the return day of the process. 
 Such rule may be heard and decided by a single judge at 
 such time and place as he may appoint. 
 
 RULE XL 
 
 Bills of Discovery. 
 
 § 32. Bills of discovery in aid of proceedings at law shall 
 be filed in the court in which the action at law is pending, 
 and if the defendant in such bill be a non-resident, the 
 complainant may apply by affidavit setting forth the place 
 of residence, or supposed residence of the defendant, and 
 thereupon, he shall be entitled to a rule to show cause 
 why the defendant should not, within a time to be fixed at 
 the hearing of the rule, answer the bill, or in default 
 thereof, that an order be made in the proceedings at law 
 for a judgment of non-suit in case the plaintiff at law 
 shall be defendant in the bill, or that the plaintiff may 
 read the bill in evidence on the trial of the cause, in the 
 case the defendant at law is also defendant in the bill. 
 
 Service of the rule may be made on the attorney of 
 record in the proceeding at law, and a copy of the affida- 
 vits shall be served, together with the rule ; and if, at the 
 expiration of the time allowed for putting in an answer, 
 no answer shall be filed, or no sufficient answer, the rule for 
 non-suit, or for the admission of the allegations, shall be 
 made absolute, unless reasons to the contrary be then 
 shown . . 
 
9 2 
 
 RULE XII. 
 Bills of Exceptions. 
 
 § 33. In every case where a bill of exceptions is ten- 
 dered, the same shall be prepared in form, and presented 
 to the judge within ten days after the verdict. 
 
 § 34. In case of a non-rsuit under the seventh section of 
 the act of nth March, 1836, the bill of exceptions shall be 
 presented within ten days from the entry of the non-suit. 27 
 In case of reserved points, the party against whom the ver- 
 dict is entered, shall prepare and present his bill within 
 ten days from the verdict; but in case a verdict shall be 
 set aside or reduced upon a reserved point, the party against 
 whom such decision is made, shall prepare and present his 
 bill of exceptions within ten days from such order. 
 
 § 35. In every case of a bill of exceptions, it shall be 
 the duty of the party presenting the bill, within twenty 
 days thereafter, to have the same settled by the judge be- 
 fore whom the case was tried, on forty-eight hours 
 notice, 28 with a copy of the bill served on the opposite 
 party; otherwise the judge shall not be required to seal 
 the same. 29 
 
 RULE XIII. 
 Board of Examiners. 
 % 36. The board of examiners shall hereafter consist 
 of ten members of the bar, one of whom shall, according 
 to seniority of appointment, retire at the end of each 
 month except July and August. In his place a new mem- 
 ber shall be appointed on the first Monday of each month 
 except August and September, in turn by the several 
 
 27. See Smith vs. Bank, 2 W. N. C, 65; application to file bill nunc 
 pro twnc allowed. 
 
 28. See Reichenbach vs. Ruddach, 121 Pa. St., 18 (Paxson, J., October 
 i, 1888). 
 
 29. Mandamus will not lie to compel a judge to sign a bill of excep- 
 tions. Drexelvs. Man, 6 W. & S. 343 (Gibson, C. J., December, 1843.) 
 
93 
 
 courts of common pleas and the orphans' court of this 
 county. The chairman of the board shall be" the oldest 
 member according to the date of admission to the bar, 
 who shall, however, have served two months on the board. 
 The secretary of the board shall be the youngest member, 
 who shall have so served two months on the board. 
 Subject to the approval of the court, the board ma)' pre- 
 scribe a course for the examination of applicants for ad- 
 mission as attorneys. * 
 
 * The Court has approved the following course of study : 
 
 Course of Study — Obligatory. 
 
 Introduction to Robertson's Charles V. 
 
 Blackstone's Commentaries. (Sharswood's Edition.) 
 
 Kent's Commentaries. 
 
 Story, Adams or Bispham on Equity. 
 
 Greenleaf on Evidence, Vol- I. 
 
 Stephen on Pleading. 
 
 Constitution of the United States. 
 
 Acts of Congress relating to the Judiciary. 
 
 Bankrupt Act. 
 
 Constitution of Pennsylvania. 
 
 Rules of Equity Practice. 
 
 Troubat and Haly's Practice. 
 
 Acts of Assembly in Purdon's Digest, relating to 
 
 Actions Personal. Frauds and Perjuries. 
 
 Actions Real. Ground Rents. 
 
 Amendment. Habeas Corpus. 
 
 Assignments. Intestates. 
 
 Bills of Exchange. Joint Tenancy. 
 
 Bond, Judgments. 
 
 Crimes, Landlord and Tenant. 
 
 Contract of Decedents. Limitation of Actions. 
 
 Decedent's Estates. Liens. 
 
 Deeds and Mortgages. Marriage. 
 
 Defalcation. Orphans' Court. 
 
 District Court. Partition. 
 
 Dower. Promissory Notes. 
 
 Ejectment. Real Estate. 
 
 Equity. Register and Register's Court. 
 
 Estates Tail. Replevin. 
 
 Execution. Trespass. 
 
 Factors. Trustees. 
 
 Foreign Attachment. Wills. 
 
94 
 
 § 37- No examination of a student of law for admis- 
 sion to practice shall take place, except at a meeting of 
 said board, when six of the examiners shall be requisite 
 to constitute a quorum. 
 
 § 38. All applications for examination, subject to the 
 existing rules of court, shall be made to the chairman of 
 the said board, whose duty it shall be to direct the secre- 
 tary to summon the said board to meet at the earliest con- 
 venient time for the examination of the applicant, and to 
 give written notice to him of the time and place of hold- 
 ing the said meeting. 
 
 § 39. It shall be the duty of said board to keep regu- 
 lar minutes of their proceedings and to hand over the said 
 minutes to their successors duly appointed as above pro- 
 vided ; and no inspection, copy or certificate of said 
 minutes, or any part thereof, shall be allowed or given, 
 except upon the order of the court, on motion to that 
 effect. 
 
 § 40. No action shall be had by the board of examiners 
 on any application for admission to the bar, unless notice 
 shall have been given of such application by publication 
 in the Legal Intelligencer for four weeks immediately 
 preceding their action. 
 
 Course of Study — Recommended. 
 
 Smith on Contracts. Starkie on Evidence, Vol. I. 
 
 Williams on Real Property. Wharton's Criminal Law. 
 
 Greenleaf on Evidence, Vols. II. and III. 
 
 Acts of Assembly in Purdon's Digest, relating to 
 
 Aliens. Feme Sole Traders. 
 
 Attorneys at Law. Interest. 
 
 Charters. Limited Paitnerships. 
 
 Collateral Inheritances. Lunatics and Habitual Drunkards. 
 
 Criminal Procedure. Mechanics' Liens. 
 
 Divorce. Practice. 
 
 Equitable Plaintiffs. Verdict. 
 Evidence. 
 
95 
 
 RULE XIV. 
 
 Certiorari. 
 
 § 41. In all cases of certiorari, the particular excep- 
 tions intended to be insisted on must be filed two days be- 
 fore the first argument day, and in default thereof, the 
 judgment below shall be affirmed of course ; the assign- 
 ment of general errors is insufficient and void. 
 
 § 43. It shall be the duty of the party suing out a writ 
 of certiorari, to cause the record to be returned two days 
 before the first argument day ; in default of which the 
 certiorari will be dismissed. Rules on magistrates to 
 return writs of certiorari, directed to them in due season, 
 will be granted, if applied for, on the regular motion days. 
 
 RULE XV. 
 
 Charters of Incorporation. 
 
 § 43. All petitions for charters of incorporation and for 
 amendments shall be filed with the prothonotary, and 
 notices thereof shall set forth the particular court to which 
 application is to be made, giving the term and the number 
 of the proceeding and the time when it is to be heard. 
 
 § 43 %. In all cases in which application shall be made 
 for a charter, excepting when otherwise ordered by the 
 court, the said application shall be referred to a master, 
 who shall carefully inquire and report to the court con- 
 cerning the lawfulness of the intended application, and its 
 being or not being injurious to the community. 
 
 It is further ordered that the sum of $50 shall be depos- 
 ited with the prothonotary, upon the filing of each appli- 
 cation, to cover the expense of such inquiry and report. 
 
 Committees. See Auditors and Auditors' Reports. 
 
96 
 
 RULE XVI. 
 
 Costs. 
 § 44. In cases where the plaintiff resides out of the State 
 at the time of suit brought, 30 or subsequently removes 
 therefrom, 31 in qui tarn actions, in suits on administration 
 
 30. To determine the residence "the question is, can you serve him 
 with process? " Ludlow J., Appletonvs. Ruth, 15 W. N. C, 127 (C. P. 
 3, June 14,. 1884). The plaintiff in that case being a clergyman who re- 
 sided in New Jersey but who was according to ecclesiastical law a mem- 
 ber of the diocese of Pennsylvania. Security for costs was required, 
 Judge Ludlow saying "security for costs should be entered where a 
 man is substantially a non-resident although he may technically be with- 
 in the jurisdiction. " A non-resident libellant whose next friend was 
 also a non-resident was required to give security under this rule. Mc- 
 Elhenney vs. McElhenney, 13 W. N. C. 194 (C. P. 2, April 28, 1883). A 
 rule for security for costs on a non-resident complainant in a bill in 
 equity was made absolute in Smootvs. Harrah, 5 W. N. C. 147 (C. P. 3, 
 Yerkes, J., Feb. 16, 1878). Where the equitable plaintiff is a non-resi- 
 dent and the legal plaintiff a resident however, the court will not require 
 the use plaintiff to give security if the legal plaintiff files of record an 
 averment that he consented to the bringing of the suit. Black vs. Molty, 
 26 W. N. C. 97 (C. P. 2, April 26, 1890). 
 
 The plaintiff can be required to give security before he has filed his 
 narr. Ellison vs. Penn. Electric Light Co., 19 W. N. C. 131 (C P. 4, Jan. 
 29, 1887). 
 
 The application for security should be made at the earliest possible 
 moment ; in the older cases it was held, that it was never too late to 
 grant the rule when it did not delay the trial. Shaw vs. Wallace, 2 
 Dall, 179 (1792). Shaw vs. Walters, 1 Yeates 176 (1792). 
 
 But these older cases have been departed from and it is now held too 
 late to ask for security after the case has been on the trial list. Mason 
 vs.-Frick 12 W. N. C, 570 (C. P. 1, Feb. 3, 1883), even though the 
 plaintiff files an amended statement. Smart vs. Chamberlin, 26 W. 
 N. C, 272 (C. P. 4, May 24, 1890). In Hickok vs. Park Assn. 14 W. N. 
 C, 12 (C. P. 1, Nov. 3, 1883), however, an application for security for 
 costs was allowed after the cause was at issue ; so also, Kirk vs. Kirk, 
 W. N. C, 281 (C. P. 2, June 4, 1883). 
 
 After judgment it is too late even though the judgment has been 
 opened and the defendent let in to a defence. Applegate vs. R. R. Co., 
 12 W. N. C, 406 (C. P. 1, Dec. 9, 1882). 
 
 31. The rule applies also where the plaintiff has removed from the 
 State pendente lite. Mc Garry vs. Crispin, 3 Clark, 25 (King, P. J. 
 C- P., May 24, 1885); contra Searle vs Mann, 1 Miles, 321. 
 
97 
 
 or office bonds, or where trie plaintiff after suit, brought 
 has taken the benefit of the insolvent laws, the defendant, 
 ■on motion and affidavit of a just defense 32 against the whole 
 demand, may have a rule for security for costs; and in 
 ■default of security being entered at the time named by the 
 •court, judgment of non-suit may be entered, on motion. 33 
 
 § 44^ Bills of costs for attendance of witnesses at terms 
 when a cause is continued or tried, must be filed, and a 
 •copy thereof served on the other party within four days 
 after the continuance or trial, and the other party may, 
 within four days after the service of the bill, require the 
 party who files it to tax the same before the prothonotary 
 ■on forty-eight hours notice. No bill of costs shall be 
 allowed unless it has been filed and a copy thereof served 
 within the time fixed by this rule ; nor shall any objection 
 to any bill of costs be heard, unless the party who filed it 
 shall have been required to tax it under this rule. 
 
 Bills of costs shall contain the names of the witnesses, 
 the dates of their attendance, and the places from which 
 mileage is claimed. They shall be verified by the affidavit 
 •of the party filing them, that the witnesses were actually 
 present in court on the days stated, and that, in his 
 opinion, they were' material witnesses. 34 
 
 32. The affidavit need not set out particulars of the defense. Shendan 
 ■vs. Cassidy, 1 W. N. C, 134 (D. C, Dec. 26, 1874). 
 
 .33. See Fouse vs. Carrick, 5 W. N. C, 168 (C P. 1, May 9, 1878). 
 
 34. This rule is new, having been adopted by the courts in 1889. It 
 ■was under discussion by the supreme court in FBsher vs. Allen, 141 
 Pa. St., 525 (April 13, 1891), where, in a per curiam opinion, it said "it 
 is a rule of practice merely, and was evidently intended to prescribe 
 the mode of ascertaining the amount of the cost due the successful 
 party. * * * 
 
 The rule in question refers only to the fees of witnesses, and provides 
 that when the cause is continued on trial the bill of costs for attendance 
 of witnesses must be filed and served upon the opposite party within 
 four days, etc. The obvious purpose of this is to prevent imposition 
 upon the losing party by the filing of large bills of costs for witnesses 
 ■who may have left the jurisdiction or be difficult to find. " 
 
9 8 
 
 § 45- A11 biUs 35 of costs sria11 be taxed in the first in " 
 stance by the prothonotary (if taxation be required), 
 subject to an appeal to the court: Provided, That the party 
 appealing shall, within three days after appeal entered, file 
 a specification of the items to which he objects, and the 
 ground of his objections, otherwise the appeal shall be 
 dismissed, and the costs paid over according to the taxa- 
 tion of the prothonotary. 
 
 § 46. Whenever, after an appeal by the defendant, the 
 amount recovered by the plaintiff below is reduced, either 
 by arbitration or trial by jury, no writ of execution shall 
 issue (unless by agreement of parties) until the costs are 
 taxed by the prothonotary, who shall tax the same on the 
 application of either party after reasonable notice to other 
 side; subject to an appeal to the court, as provided in the 
 preceding section. 
 
 § 47. When bills of costs are paid to, and stopped in 
 the hands of the prothonotary for taxation, either party 
 may have the same taxed, on twenty-four hours notice to- 
 the opposite party or his attorney. 
 
 § 48. Any party intending to tax costs before the pro- 
 thonotary, shall give him and the opposite party twenty- 
 four hours notice of such intention; the time to be fixed 
 for such taxation shall be from two to three o'clock 
 P. M. 
 
 RULE XVII. 
 Depositions.^ 
 § 49. Depositions taken under a rule of court may be 
 
 35. A party will be allowed the cost of the jurat required to be an- 
 nexed to the bill of costs. DeHavcn vs. Metath, 7 C. C. Rep., 388 
 (Thayer, P. J., C P. 4, December 7, 1889). 
 
 36. Depositions not taken according to the rules established by the 
 
99 
 
 read in evidence at the trial of the cause, 37 in case of the 
 death, absence out of the State, or other legal inability of 
 the witness to attend. But if the witness has a residence 
 within this state, and within forty miles of the place of 
 trial, 38 the deposition shall not be read in evidence, unless 
 the party offering it shall satisfy the court that the witness 
 is out of the State, or that a subpoena has been actually 
 taken out, 39 and that the witness has been duly subpoenaed 
 or could not be found, after reasonable pains taken for that 
 purpose. 
 
 § 50. A rule to take the depositions of aged, infirm 
 and going witnesses, to be read in evidence on the usual 
 terms, is of course, and may be entered by either party, 
 
 court are not evidence. Russell vs. Gray, 7 S. & R., 90 (Duncan, J., 
 June 12, 1824). 
 
 The production of papers cannot be had by rule at the taking of depo- 
 sition of aged witness. Penna- Co- for Ins., etc., vs. Phila., Germ. & 
 Norristown R. R. Co., 9 C. C. Rep., 517 (C P. 4, Arnold, J., April 
 4, 1891). 
 
 Upon a rule to take depositions outside the counly by a defendant on 
 a rule to open a judgment, he must tender the plaintiff a reasonable sum 
 for counsel fees. Strauch vs. Royal Land Co., 5 W. N. C, 473 ( C- P. 1, 
 Biddle, J., May 4, 1878). 
 
 37. A deposition taken in a former suit between the same parties may 
 be given in evidence where the witness is living and out of the State. 
 Magillvs. Rauffman, 4 S. & R., 317 (Tilghman, C. J., June, 1818). Car- 
 penter vs. Groff, 5 S. & R., 162 (Tilghman, C. J., May, 1819). But in 
 order that depositions taken in another cause may be admitted, " identity 
 of subject matter, in whole or in part, and identity of the parties- in 
 interest mutt unite." A deposition therefore, taken in a suit by a wife 
 for injuries received hy her husband is not admissible in an action by 
 the administrator of the husband against the same defendant and forthe 
 same cause of action. Fearn vs. West Jersey Ferry Company, 48. L. I., 
 466 (McCollum, J., Oct. 5, 1891). 
 
 38. A defendant cannot offer in evidence a deposition taken by the 
 plaintiff and not used by him, if the witness live within the limit and 
 there be no proof of his sickness or inability to attend. Gordon vs. 
 Little, 8 S. & R., 533 (Tilghman, C J., Sept.. 1822). 
 
 39. If the witness be a paralytic, a subpoena need not be taken out. 
 Covanhovan vs. Hart, 21 Pa. St., 495 (Black, C. J., Sept. 8, 1853). 
 
IOO 
 
 -stipulating forty-eight hours notice 40 to the adversary. 41 
 But the court may order a shorter notice in any case when 
 "the exigency thereof may require it. 
 
 § 51. A rule for a commission to any of the United 
 States, or to foreign parts, is also, of course, but the inter- 
 rogatories must be filed in theprothonotary's office at the 
 time, and written notice of the rule, and of the names of the 
 commissioners, 42 must be served on the adverse party, at 
 least fifteen days before the commission issues, in order 
 that he may file cross-interrogatories & or nominate com- 
 missioners on his part. 
 
 40. A deposition taken without notice cannot be admitted. A notice 
 must be served upon a party to the proceedings. Notice to special bail 
 is not sufficient. Vincient vs. Huff, 4 S. & R., 298 (Gibson, J., June, 
 1818). 
 
 41. This section requires notice to the " adversary " and sections 51 
 and 52 require notice to the " adverse party." It might, therefore, be 
 
 -questioned whether a notice served upon the attorney of the adversary 
 or of the adverse pany, would be sufficient. In Ives vs. Miles, 5 Watts, 
 323 (Kennedy, J., June, 1836), the rule was silent as to the person upon 
 whom the notice should be served, and notice served on the attorney 
 was held sufficient. The service is good unless he objects at the time of 
 service. Newlin vs. Newlin, 8 S. & R., 41 (Gibson, J., March, 1822). 
 If therule directs service on the "party" notice to the attorney is not 
 sufficient. Nash, et al. vs. Gilkenson, et. al., 5 S. & R., 352 (Gibson, 
 j., December, 1819} ; Newlin vs. Newlin, (supra); Cunningham vs. 
 Jordan, 1 Pa. St., 442 (Rogers, J., 1845) ; even though the attorney on 
 receiving the notice make no objection. Gracy vs. Bailee, 16 S. & R.j 
 126 (Huston, J., May, 1827). 
 
 The notice to take depositions is irregular if not signed, and the de- 
 position will not be admitted. McDonald vs. Adams, 7 W. & S., 371 
 (Sergeant, J., July 1, 1844). 
 
 42. In divorce the interrogatories are to be framed by the party asking 
 for the commission and the court will pass upon them on exceplion. 
 Gilbert vs. Gilbert, 8 W. N. C, 535 (C. P. 4, Arnold, J., November 6, 1886). 
 In Snowden vs. Snowden,\% W. N. C, 347 (C. P. 3, October 2, 1886) the 
 court ordered the master to frame the interrogatories after notice of the 
 ■names of the witnesses and the offers of testimony as to each witness, 
 with leave to the parties to file supplemental and cross-interrogatories. 
 
 43. Cross-interrogatories filed before the issuing of the commission 
 are in time. Case vs. Cushman, 1 Pa. St., 241 (Kennedy, J., 1845). 
 
IOI 
 
 § 53. A rule may in like manner be entered by either 
 party to take the depositions of witnesses, without regard 
 to the circumstance of their being aged, infirm, or going 
 witnesses, stipulating however, eight days notice to the 
 adverse party ; u subject, nevertheless, in all other respects, 
 to the existing rules and regulations. But no party shall 
 be entitled to compel the deposition of the adverse party, 
 in advance of the trial, except upon an order of the court 
 upon notice and cause shown. 45 
 
 § 53. All depositions of witnesses, under a rule of 
 court, to be used in evidence on the trial, shall be taken 
 
 44. Under this section the deposition of a person in prison may be 
 taken. Hopper vs. Williams, 2 Clark, 447 (Per curiam, June, 1843, D. C- 
 of Philadelphia Co.). 
 
 45. This portion was adopted January 26, 1878, after C. P. 3 and 1 
 had decided in Yerkes vs. Whitaker, 4 W. N. C, 429, (October 22, 1877,) 
 and Wise vs. Philadelphia Dispensary, 4 W. N. C. , 570, (December 8, 1877, )< 
 that under the then rule the deposition of the adverse party could be taken 
 and on his refusal to testify an attachment would issue. Court No. 2 
 in the case of Asch vs. West Philadelphia Passenger Railway, 4 W. N. C. , 
 571 (December 7, 1877), was of opinion that "If there were sufficient, 
 grounds to require a party to testify at the call of his opponent, in ad- 
 vance of the trial, they must be presented by affidavit in support of a 
 rule to take his deposition." And in Yerkes vs. Whitaker, 4 W. N. C-, 
 571 (December 22, 1877), on rule to show cause why the attachment is- 
 sued in Yerkes vs. Whitaker 4 W. N. C. 429, (supra), should not be re- 
 scinded, the court remarked in making the rule absolute, "That they 
 would in such cases, require an affidavit setting forth the reasons of the 
 application and the proposed line of examination." 
 
 Two cases bearing on this rule since the adoption of the amendment 
 are reported. In the first Stockam, et al. vs.Vansant, et al., 17 W. N. 
 C, 158 (C P- 2, December 7, 1885), a rule to take deposition of defen- 
 dant as under cross-examination was made absolute on an affidavit that 
 the defendant had sold the lumber to recover the price of which suit had. 
 been brought, in car load as received and that the persons to whom the 
 same was sold were unknown to plaintiff. In the other, Hebling vs. Leavitt, 
 3 C. C. Rep., 145 (C. P. 3, February 14, 1887), the court discharged 
 the rule, though the affidavit of plaintiff alleged that the defendant was- 
 in ill health and in event of his death the plaintiff could not testify, the 
 evidence to make out plaintiffs case being principally in the breast of 
 the defendant. 
 
102 
 
 before a judge, magistrate, notary public, or a commis- 
 sioner 46 appointed by the court, upon due notice to the 
 opposite party or his attorney. 
 
 § 54. On all motions or rules to show cause, on the hear- 
 ing of which facts are to be investigated, the testimony of 
 witnesses shall be taken by depositions in writing, before a 
 judge, magistrate, notary public, or a commissioner ap- 
 pointed by the court, upon forty-eight hours notice in 
 writing to the opposite party or his attorney ; and no 
 witnesses shall be examined at the bar but by a special 
 and previous order of the court. 
 
 § 55. On the return and opening of any commission, 
 or filing i7 of any deposition, either party may give notice 
 thereof to the opposite party, who shall within ten days 
 after service of such notice 48 , file with the prothonotary a 
 specification of his exceptions, if he have any, to the form 
 or execution of the commission or taking of the deposition, 
 
 46. A rule to take depositions on three consecutive days, held good 
 in Philtipi vs. Bowen, 2 Pa. St. 20 (Gibson, C. J., 1845). Upon notice of 
 rule to take depositions before B, etc., or some other person competent 
 to administer oaths, depositions taken before C, a magistrate, in the of- 
 fice of B, were admissible. Alexander vs. Alexander, 5, Pa. St., 277 
 (Burnside, J., Aug. 27, 1847). 
 
 A rule to take depositions implies, without being so expressed in it, 
 that thev are to be taken before some judge or justice having authority 
 to administer an oath. Keller el al. vs. Metz, el al. 5 S & R., 246 (Duncan 
 J., June 1819). 
 47. Our rules do not require the filing of depositions, but it is within the 
 discretion of the court whether they should be filed. Johnston, etal. vs. 
 Penn. R. R. Co., 5 W. N. C.,360 (C. P. 1, Biddle J., May 4, 1878). Deposi- 
 tions will not be suppressed because not filed in time when the failure 
 was owing to a mistake on the part of the commissioner. Smith vs. 
 Coke/air, 8 C. C. Rep., 45, (Schuyler, P. J., North. Co., Jan. 27, 1890). 
 
 48. The failure to give notice of the filing of depositions is immaterial, 
 if the exceptions afterwards filed would not have been available if filed 
 in time. Hagey vs. Detweiler, 35 Pa. St., 409 (Woodward, J., i860). 
 
 Exceptions not filed within the time required will not be considered. 
 Marsh vs. Nordyke df Marrnon & Co., 2 Monaghan, 494, {Per curiam. 
 Oct. 29, 1889). 
 
103 
 
 •or to the mode of swearing the witnesses, or to any of the 
 acts or omissions of the commissioners, examiners or of- 
 ficers, or of any other person or persons, in or about the 
 same. No exception to the admissibility of the evidence so re- 
 turned or filed, not included in such specification, shall be 
 taken on the trial of the cause, unless it be an exception 
 that might be taken to the evidence, if the witness were 
 offered for examination orally in court : Provided, .That 
 nothing herein be construed to permit or sanction the 
 reading on trial in any case of the answers or deposition of 
 a witness residing within the state, and within forty miles 
 of the city of Philadelphia. In all cases of exceptions filed 
 as above by either party, the other party may, before the 
 trial of the cause, on motion, obtain a decision of the court 
 upon the sufficiency or insufficiency of the exceptions ; and 
 such decision shall not be reconsidered upon the trial, but 
 a bill of exceptions thereto shall be signed, if required at 
 the trial, in the same manner as if the decision had taken 
 place during the trial : Provided, That the motion for such 
 a decision be made within ten days after the exceptions 
 are filed ; and that if the same be not made within that 
 time, the decision thereon can only be had upon the trial. 
 
 RULE XVIII. 
 
 Divorce. 
 
 I. — The Libel. 
 
 § 56. I,ibels shall be framed in general analogy to bills 
 in equity by setting out the matters rejied on distinctly, 
 in separate paragraphs, consecutively numbered, and con- 
 taining as follows: 49 
 
 49. The libel must contain all averments required by rule of court as 
 well as by act of assembly. If it does not, the libel will not be quashed, 
 but leave will be given to amend. Shellenberger vs. Shellenberger, 6 
 C. C. Rep., 287, (Thayer, P. J., C. P. 4, Dec. 29, 1888) ; Bainbridge vs. 
 .Bainbridge, 15 W. N. C, 529 (Mitchell, J., C. P. 2, March 2, 1885.) 
 
104 
 
 Paragraph i. 
 
 a. The names of the parties, and time and place of mar- 
 riage ; 
 
 b. The citizenship and domicile of the parties respec- 
 tively at the time of marriage, and since, including a 
 positive averment that the libellant has been a citizen 
 and resident of the state for one whole year previous 
 to the filing of the libel. 
 
 c. Their present place of actual residence, with details 
 of street, number, etc. 
 
 In case the present residence of the respondent be un- 
 known to the libellant, then an explicit averment of that 
 fact shall be made, together with a statement of the re- 
 spondent's last known residence, and the time at which 
 he or she was last known to be there. 
 
 If the marriage shall not have been contracted and the 
 present actual residence of both parties shall not also be 
 within the county of Philadelphia, then a full statement 
 shall be made of the time, place and circumstances under 
 which the parties, or either of them, became domiciled 
 within the jurisdiction of the court. 
 
 Subsequent paragraphs shall contain a succinct state- 
 ment of the time, place w and circumstances of the alleged 
 cause of divorce. Where more than one cause of divorce 
 is alleged, each shall be set out in a separate paragraph. 
 
 The final paragraph shall contain a prayer for divorce, a 
 vinculo matrimonii or a mensa et thoro, as the case may be. 
 
 II. — The Affidavit. 
 § 57. The affidavit to the libel shall be in the form 
 now used, as required by the act of assembly, and shall be 
 taken before a magistrate of this county. 
 
 50. As to particularity of " time, place and circumstances " see 
 Spengler vs. Spengler, 15 W. N. C.,437 (1884) ; Gillardonvs. Gillardon, 
 id., 428 (1885) ; Bainbridge vs. Bainbridge, id., 429 (1885). 
 
 As to general allegation of adultery, with bill of particular.*; see 
 Shislervs. Shisler, 19 W. N. C, 130 (1886). 
 
105 
 
 III. — Rule to Answer. 
 
 § 58. A rule on the respondent to appear and answer 
 within thirty days after the return day of the subpoena, 
 shall be entered of course by the prothonotary, at the' 
 time of filing the libel. 
 
 IV.— Copy of I^ibel and Notice to Respondent. 
 
 § 59. A copy of the libel shall be served upon the re- 
 spondent with the subpoena. The said copy shall have 
 endorsed upon it a notice to the respondent in the follow- 
 ing form: 
 
 To A. B. 
 
 the within named respondent. 
 . You are hereby notified and required, within thirty 
 days from Monday, the day of next,, 
 
 to cause an appearance to be entered for you in the 
 court of common pleas, No. of the county of Philadel- 
 phia, and an answer to be filed to the libel for divorce, 
 of which the within is a copy. 
 
 Note. — You are hereby warned that if you fail to enter 
 an appearance, and file an answer as above notified and re- 
 quired, the cause will proceed without you, and you will 
 be liable to have a decree of divorce entered against you in 
 your absence. 
 
 C. D. 
 Attorney jor Libellant. 
 
 V. — Service. 
 
 § 60. The subpoena, copy of libel and notice to appear 
 and answer, shall be served by the sheriff, upon respon- 
 dents who are within the county at the time of the service. 
 
 § 61. Where the respondent is not within the county 
 but is within the' state, the sheriff shall deputize the 
 sheriff of the county where the respondent may be found,, 
 
io6 
 
 to serve the subpoena, with a copy of the libel and notice 
 to appear and answer ; and in such case the sheriff shall 
 •make return that the respondent could not be found within 
 the county, and he did therefore deputize the sheriff of 
 .•such other county to make the service and shall attach to 
 his own return the affidavit of the officer making the 
 service. 
 
 § 62 In all cases, the officer making the service shall 
 make an affidavit, stating the time, place and manner of 
 serving the subpoena, copy of libel, and notice to appear 
 and answer, and also that the person so served by him, is 
 the respondent named in the writ, and his means of know- 
 ing the fact. 
 
 VI. — Publication. 
 
 § 63. Where the first subpoena is returned that the re- 
 spondent cannot be found in t'he county or state, which 
 return shall be made to the first day of the next term, 
 -which shall commence not less than thirty days after the 
 "filing of the libel, an alias subpoena may be issued, return- 
 able to the next or any subsequent regular term. If the 
 second subpoena is returned that the respondent cannot be 
 • found in this county or state, the prothonotary shall issue, 
 on the application of the libellant, an order on the sheriff, 
 directing him to publish, once a week for four full weeks 
 successively, in the Legal Intelligencer, and two daily 
 newspapers of large circulation, notice to the respondent 
 in the following form : 
 
 To A. B., late of No. street, 
 
 Philadelphia, Pennsylvania. 
 
 Whereas, C. B. , your (husband or wife, as the case may 
 be) has filed a libel in the court of common pleas, No. , 
 of Philadelphia County, of Term, 18 , No. , 
 
 praying a divorce against you, now you are hereby notified 
 
io; 
 
 and required to appear in said court on or before Monday, 
 day of next, to answer the complaint of 
 
 the said C. B. , and in default of such appearance you will 
 be liable to have a divorce granted in your absence. 
 
 D. E., 
 Sheriff of Philadelphia. 
 
 And the sheriff shall make due return of his action 
 therein. 
 
 VII . — Appearance. 
 
 § 64. The counsel for the respondent shall enter his ap- 
 pearance by filing a written order thereof, accompanied 
 by a letter of attorney from the respondent, which shall 
 be duly acknowledged before the prothonotary or judge, 
 justice of the peace, or magistrate of the county, district, 
 or state in which the respondent may reside, or if the re- 
 spondent be without the United States then before an 
 officer authorized by the laws of this state to take acknow- 
 ledgments of deeds, etc. , in a foreign country. The said 
 letter shall be attached by the master to his report. 
 
 VIII. — Proceeding Ex-parte. 
 
 § 65. Where service has been duly made, either person- 
 ally or by publication, and the respondent does not appear, 
 or having appeared does not answer, within thirty days 
 after the return day, the libellant may proceed ex parte. 
 
 IX. — Answer and Subsequent Pleadings. 
 
 § 66. The respondent may, at any time within thirty 
 days after the return day, or afterwards with leave of the 
 court, upon cause shown for the delay, demur or answer to 
 the libel, or may demur to part and answer to the rest. 
 
 § 67. The answer shall be responsive to the libel, and 
 shall be arranged in paragraphs corresponding as to sub- 
 ject matters, as nearly as may be with the paragraph of 
 
io8 
 
 the libel ; but other new matters relied upon by the re- 
 spondent, may be set forth in subsquent paragraphs. 
 
 § 68. Where the answer shall not be confined to mere- 
 denial of the facts averred in the libel, but shall contain 
 new matters, the libellant may file a replication to such new 
 matters only. No further pleadings shall be made by 
 either party without special leave of the court. 
 
 § 69. The respondent may enter a rule for a bill of par- 
 ticulars under the act of 25th May, 1878, of course, at any 
 time before filing his or her answer, but after answer filed 
 no such rule shall be entered unless specially allowed by 
 the court 
 
 § 70. Should the pleadings raise any issue of fact rele- 
 vant and material to the relief sought, which either party 
 may desire to have tried by a jury, an issue shall be 
 framed by the party desiring such trial, and presented to 
 the court for approval. The issue shall not be a feigned 
 issue, but an issue directly framed on the facts alleged and 
 denied in the pleadings. Such issue and trial shall be of 
 right at any time before the taking of testimony upon the 
 merits of the case shall have actually commenced ; but 
 thereafter such trial by jury shall be allowed only in the 
 discretion of the court upon motion and case shown. 61 
 
 § 71. Amendments -of the pleadings may be allowed in 
 the discretion of the court; 52 but no amendment of the libel 
 alleging a cause of divorce of a different nature shall be 
 allowed. 
 
 51. An application for issue by libellant refused while testimony was 
 being taken for respondent. Gillardon vs. Gillardon, 16 W. N. C; 457 
 (C. P. 2, Oct. 3, 1885). In Siuard vs. Stuard, 1 C C Rep., 504 (C. P. 3, 
 Finletter, J., April 24, 1886), an issue was allowed after seven meetings 
 had been held by the master. 
 
 52. Under this rule the libel maybe amended by the addition of other 
 facts tending to support the cause contained in the libel. Perkins vs. 
 Perkins, 16 W. N. C, 48 (C P. 2, Mitchell, J., March 28, 1885). 
 
 As to how far amendments in divorce cases should be allowed, see 
 Clayburgh vs. Clayburgh, 15 W. N. C, 365. 
 
109 
 
 X. — Appointment of a Master. 
 
 § 72. When a case, is ready to be proceeded with, either 
 upon answer not demanding a trial by jury, or ex parte, a 
 master shall be appointed by the court, upon motion of 
 either party, which motion shall be made in writing and 
 placed upon the regular current motion list of the court. 
 
 § 73. No suggestion or agreement from parties or coun- 
 sel as to the person to be appointed master, will be received 
 under any circumstance. 
 
 XI. — Proceedings before the Master. 
 
 § 74. The master shall give ten days written notice to 
 the counsel of both parties, of the time and place of taking 
 testimony. If there shall be no appearance for the re- 
 spondent, the notice shall be given to him or her person- 
 ally if possible, or if not, then by leaving it at his or her 
 place of residence, or by registered letter to the address 
 where the master shall have reason to believe it will be 
 most likely to reach him or her. 
 
 § 75. In all cases where there is no return of personal 
 service, and no appearance is entered for the respondent,, 
 it shall be the duty of the master, before proceedi; 
 take the testimony upon the merits of the case,( to in- 
 form himself by examination of the libellant, and by 
 such other means as he shall deem conducive to the 
 purpose, of the residence and address of the respond- 
 ent ; and thereupon, the master shall use every exer- 
 tion by personal inquiry within the county, or by reg- 
 istered letters outside of the county, and in case of failure 
 by this means, then by advertisement in such newspaper 
 or newspapers as, in the opinion of the master, will be 
 most likely to reach the respondent, once a week for four 
 full weeks, and by any other means attainable, to give 
 actual notice to the respondent, of the application for a 
 
no 
 
 ' divorce, the grounds thereof, the name and address of the 
 master, and the time and place of taking testimony in the 
 cause ; Provided,tha.t in cases in which the respondent was 
 last known to reside and last heard of in the county of 
 Philadelphia, it shall not be necessary to advertise such 
 notice. Thereafter the master may proceed to take testi- 
 mony upon the merits of the cause, but he shall not file 
 his report, until he is satisfied that all means attainable have 
 been used to give actual notice to the respondent ; and the 
 efforts to that end shall be set forth in his report. 
 
 § 76. The master shall make inquiry of the witnesses and 
 report to the court, the ages of the libellant and respondent, 
 and the number, names, ages and residence of their 
 children, if they have any ; and in cases where the sub- 
 poena has not been personally served, or, after publication, 
 no appearance has been entered for the respondent, and the 
 other means of giving actual notice to the respondent shall 
 have failed, the master shall, if possible, give written 
 notice of the proceedings to such children of the respon- 
 dent, as have attained their majority, or if there are none, 
 then to the parents, brothers and sisters or other near 
 relatives of the respondent, requesting them to assist him 
 in giving actual notice to the respondent, and report to the 
 court what efforts he has made to effect such notice, and 
 the result thereof. 
 
 § Tj. Where the residence of either or both parties is 
 given as within this county, the master shall, by personal 
 inquiry, satisfy himself and report to the court, whether 
 the stated residence is correct and bona fide, and the length 
 of time the libellant has resided in this State, and also 
 whether the respondent has ever resided in this State, and 
 if so, when and where. In case the residence of either 
 party is given as in another county of this State, the master 
 shall make such inquiries by letter to the sheriff of such 
 other county. 
 
Ill 
 
 § 78. When a case is ready to proceed to the testimony 
 upon the merits, the master shall examine each witness 
 specially 53 and in detail upon all the the matters set forth in 
 the libel and the answer, and upon such other matters as 
 may appear to be relevant and material. And it shall be 
 his duty, whether requested by either of the parties or not, 
 to summon and examine such witnesses as he may have 
 reason to believe have knowledge of any matters relevant 
 and material to the just and proper determination of the 
 cause. 
 
 § 79. Neither party shall be allowed to examine any wit- 
 ness called on his or her behalf until after the master shall 
 have finished his examination of such witness, but after 
 the master's examination of such witness, the party call- 
 ing him may supplement his examination in ehief and 
 upon the conclusion of such supplementary examination 
 the opposite party may cross-examine. M 
 
 § 80. The master shall have the usual powers of a master 
 in equity, in regard to the detention of witnesses for examin- 
 ation, and the general course of the proceedings before him, 
 subject to the directions of the court from time to time 
 upon motion of either party. When objection is made to 
 the competency or relevancy of testimony, the master shall 
 note the objection, and thereupon proceed to take the testi- 
 mony subject to the objection. 
 
 § 81. The master's fee shall be $25, and $10 additional J 
 for each meeting after the first, held in the discharge of/ 
 
 53. This does not mean that the master shall specially examine wit- 
 nesses, whose testimony is intended to be obtained by commission, 
 Gilbert vs. Gilbert, 18 W- N. C, 535 (C. P., 4, Arnold, J^, November 
 6, 1886). 
 
 54. Commissions to take testimony may issue in divorce proceedings. 
 Snowden vs. Snowden, 18 W. N. C, 347, (C. P., 3, October 2, 1886); 
 The counsel may frame the interrogatories, Gilbert vs. Gilbert, (supra) 
 or the court may direct the 'master to frame them. Snowden vs. 
 Snowden, (supra.) 
 
112 
 
 his duty ; and whenever it shall be necessary for him to 
 incur any expense under these rules he may demand from 
 the libellant the sum required for such expenses before they 
 are actually incurred ; and thereupon the proceedings shall 
 stay until the said sum be paid. 
 
 § 82. The master shall keep minutes of his meetings, 
 noting the attendance and adjournments, and at whose in- 
 stance the adjournments are had, and annex the same to 
 his report. If either party shall be of opinion that the 
 other party, or the master, is unnecessarily or unjustly de- 
 laying the proceedings or increasing the expense thereof, 
 he may notify the master of his exceptions in that regard, 
 and the master shall note the same in his report for such 
 aOtion of the court as may be adjudged just and proper. 
 
 § 83. The master may at any time with leave of the 
 court require security for the payment of his and the pro- 
 thonotary's costs, and may decline to proceed further un- 
 til such security shall be entered. 55 No rule for divorce 
 shall be made absolute until all the costs are paid. 
 
 § 84. The master shall report his proceedings and the 
 testimony, together with his opinion of the case, and shall 
 append thereto the libel and all subsequent papers filed in 
 the case, with a copy of the docket entries and shall 
 file the same in the office of the prothonotary. 
 
 XII. — Final Decree. 
 
 § 85. When the master's report has been approved by 
 the court, a rule may be entered of course, to show cause 
 
 55. A wife being libellant is responsible for the master's costs (includ- 
 ing his fee) incurred to the end of taking testimony in her behalf, though 
 she may recover them in the final decree, and proceedings may be 
 stayed until she pays or gives security. Calhoun vs. Calhoun, 1 C. 
 •C. Rep., 392 (C. P., 3, Finletter, P. J., February 13, 1886). 
 
"3 
 
 why a decree of divorce should not be granted. All such 
 final rules for divorce shall be returnable to the first Satur- 
 day of each month and the third Monday of September, 
 and shall be then heard upon a divorce list. Notices of 
 such rules shall be served on the respondent personally if 
 possible, but if the notice cannot be served on the respon- 
 dent personally, then it shall be served on his or 
 her counsel of record, if there be one, ten days before the 
 time fixed for hearing the rule. If the notice cannot be 
 personally served on the respondent, and there is no coun- 
 sel of record, the counsel for libellant, shall publish once 
 a week for four full weeks in the Legal Intelligencer, and 
 . one daily newspaper in the city of Philadelphia, 66 and give 
 such other notice by advertisement or otherwise as the 
 court may direct in the particular case, in the following 
 form: 
 
 To A. B. late of No. Street, Philadel- 
 
 phia, Pennsylvania. 
 
 You are hereby notified that a final rule for divorce has 
 been granted againstyou at the suit of C. B., your 
 which will be heard in the court of common pleas, No. 
 of Philadelphia, of term, 18 No. on Saturday, 
 
 the day of on which day you may appear and 
 
 show cause, if any you have, why such divorce should not 
 be granted against you. 
 
 C. D. 
 Attorney for Libellant. 
 
 § 86. In all cases an affidavit of the time, place and 
 manner of service shall be filed, and in case of service on the 
 counsel of respondent, or by publication, the efforts which 
 
 56. Where the last known residence of respondent is in Philadelphia, 
 advertisement in one daily newspaper only is required. In re rules of 
 court, 15 W. N. C. 174 (C. P., 2, September 20, 1884). 
 
n 4 
 
 have been made tp serve the respondent personally shall 
 be stated in the affidavit. 57 
 
 § 87. Services of notices or rules upon the respondent 
 shall not be made by the libellant, or the next friend, or 
 the counsel of record. 
 
 RULE XIX. 
 
 Execution. See Publication of Writs, Security. 
 
 § 88. In all cases in which after process issued from any 
 of these courts, the defendant shall be entitled to the 
 benefit of the $300 exemption law, and shall claim the 
 same, it shall be the duty of the sheriff, at least forty- 
 eight hours before causing the appraisement to be made, 
 to notify the plaintiff's counsel by writing of the time and 
 place of such intended appraisement, at which time and 
 place the plaintiff and his counsel or some person deputed 
 by them, shall have the right to be present. 
 
 RULE XX. 
 
 Feigned Issues. 
 
 § 89. Whenever a rule taken by the sheriff under the 
 ninth section of the act of Assembly of the 10th of April, 
 1848, entitled "An Act extending the chancery powers- 
 of, and to the jurisdiction and proceedings in certain 
 courts," shall be made absolute by the court, a feigned 
 issue shall be formed iu such case, upon a wager in the- 
 usual form, to determine whether the right of property in 
 the goods levied on and claimed, or any part thereof, is in 
 the defendant or in the claimant, in which issue the 
 
 57. Where the respondent is out of the jurisdiction, and in reply to a. 
 letter from the master refuses to attend a hearing, it is unnecessary to- 
 state in the affidavit of publication of notice of final rule for divorce, that 
 any effort has been made to serve respondent personally. Baldwin vs. 
 Baldwin, 17 W. N. C, 222 (C. P. 1, Jan. 2, 1886). 
 
"5 
 
 claimant shall be the plaintiff, and the plaintiff in the 
 execution the defendant.. The declaration in such issue 
 shall be filed by the claimant within fourteen days from 
 the time such rule is made absolute ; and within the said 
 time the claimant shall give bond to the plaintiff in such 
 penal sum and with such security, as shall be approved 
 by one of the judges of this court, conditioned that the 
 goods levied on and claimed shall be forthcoming upon 
 the determination of the said issue, to answer the execu- 
 tion of the plaintiff, if said issue shall be determined in 
 favor of the said plaintiff in the execution, or so many of 
 them as shall be determined to belong to the defendant,, 
 and to be subject to the execution of said plaintiff. When 
 said declaration is filed and bond given, the sheriff shall 
 withdraw from the possession of such of the goods and 
 chattels seized by him under the execution as are claimed 
 by the claimant j 68 no action shall be brought against the 
 said sheriff in respect of the said goods and chattels ; and 
 the question of costs and all further questions be reserved 
 until after the trial of the said issues. 
 
 RULE XXI. 
 Foreign Attachment. 
 
 § 90. No order shall be made for the sale of property 
 seized on a foreign attachment, unless the plaintiff, or some 
 other person acquainted with the demand of the plaintiff, 
 shall make affidavit that the debt or demand of the plain- 
 tiff is just. 
 
 § 91. In case of foreign attachment, no bail shall be taken 
 in order to dissolve the attachment without first giving 
 notice to the plaintiff, or his attorney, of the time and 
 
 . 58 Where the claimant neglects to give the bond, the court, on 
 motion, will order the sheriff to sell, and pay the proceeds into court, to 
 abide the determination of the issue. Dillon vs. Conovet, 10 Phila., 
 450 (Thayer, P. J., C. P. 4, Nov. 20, 1873). 
 
n6 
 
 place of taking such bail, that he may have an opportunity 
 of excepting to the sufficiency thereof. 
 
 § 92 In cases of foreign attachment, 59 where the plain- 
 tiff desires to take the answers of the garnishee on interro- 
 gatories, he may, after the return of the scire facias, file 
 his interrogatories in the prothonotary's office, and enter 
 a rule 60 upon the garnishee to answer interrogatories on or 
 before a day to be fixed, not less than twenty days from 
 the time of serving a copy of the rule and interrogatories 
 upon the garnishee or his attorney. 
 
 § 93. If the plaintiff in a foreign attachment do not, 
 
 within three months after judgment, issue a writ of scire 
 
 facias against the garnishee or garnishees, the court, upon 
 
 motion of the garnishee and no sufficient cause shown for 
 
 the delay, may order the attachment to be dissolved. 
 
 RULE XXII. 
 
 Insolvents. 
 
 § 94. The publication of notice to the creditors of insolv- 
 ent debtors shall be made three times a week for two weeks, 
 in two daily newspapers published in the city of Philadel- 
 phia, and twice successively in the Legal Intelligencer, 
 the first publication to be made at least fifteen days pre- 
 vious to the day of the hearing. 
 
 § 95. It shall be optional with the petitioner for the 
 benefit of the insolvent law, to give either public or per- 
 sonal notice to his creditors. If personal notice be given, 
 the proof of service of the same shall be filed at least three 
 days before the day of hearing. • 
 
 59. Under this section it was held that a rule might be entered on a 
 garnishee to answer in attachment execution. Wiener vs. Davis, et al., 
 4, Clark 91. 
 
 60. The rule may be entered any time after the return of the writ. 
 Wiener vs. Davis (supra). 
 
ii7 
 
 RULE XXIII. 
 
 Judgments. 
 
 § 95^- Judgment by default of any kind may be 
 moved before and entered by the prothonotary who shall 
 assess the damages in all cases in which the amount thereof 
 is set forth with certainty in the statement of claim 
 filed. 61 
 
 § 96. Judgment shall not be entered on any verdict, 
 without the special order of the court, until the sum of 
 four dollars, required by the act of Assembly of the 29th 
 of March, 1805, shall be paid to the sheriff by the party 
 for whom the verdict shall be given, and the judgment 
 shall be dated on the day it shall be entered. 
 
 § 97. No judgment by confession shall be entered in 
 any amicable suit unless there be filed, at the time of filing 
 the agreement, a specific statement of the cause of action 
 signed by the parties or their attorneys, and where said 
 statement is signed by the attorney of the defendant, there 
 shall also be filed with the same, his warrant of attorney 62 
 but this rule shall not apply to judgments on warrants of 
 attorney, or to revivals of judgments by agreement. 63 
 
 .61. See actof 22d April, 1889 (P. L;, 41). / 
 
 62. See Flanigan vs. Phila., 51 Pa. St., 491 (Agnew, J., March 5, 1866). 
 
 63. "This is a very old rule adopted originally by the district court and 
 afterwards made one of the standing rules of the court of common 
 pleas, upon the reorganization of the courts under the new Constitution 
 of 1874. Its object is, to promote certainty in judicial proceedings, to pro- 
 tect defendants against double claims for the same cause of action, and 
 to prevent fraudulent judgments. It is a rule which may be invoked 
 not only in favor of defendants but in favor of any party interested in the 
 judgment. Boeder vs. Murray, 1 Phila., 273, 1 T. H. Prac, cap. 15, p 
 342. 
 
 "'The rule is an explicit direction to the prothonotary to enter no 
 such judgment ' that is, to enter no judgment by confession in pursuance 
 of an agreement for an amicable action and judgment, without it is ac- 
 
n8 
 
 § 98. Where the warrant of attorney constitutes an in- 
 tegral part of a lease, or other original contract, from which 
 it cannot be separated without injury, it shall be sufficient 
 to file a copy of the lease or contract. 
 
 § 99. If a warrant of attorney to enter judgment be 
 more than ten years old, and less than twenty, a motion 
 must be made to the court or a judge thereof, for leave to 
 enter judgment, 64 which motion must be founded upbn an 
 affidavit alleging the due execution of the warrant, and 
 that the money is unpaid and the debtor living, but if the 
 warrant be more than twenty years 'old, there must be a 
 Tule to show cause, which must be served on the debtor, if 
 he is to be found within the State. 
 
 RULE XXIV. 
 
 Jury. 
 
 § 100. The prothonotary shall cause a list of jurors in 
 
 each cause set down for trial by jury to be printed, and 
 
 when requested he shall deliver a copy to the attorney on 
 
 each. 
 
 Section 101 was stricken out by rule of 1885, 42 L. I., 414. 
 
 § 102. Every challenge to the array of jurors returned 
 for the trial of any issue in fact, shall be made on the first 
 day of the period at which the said issue shall be set down 
 for trial. 
 
 § 103. The prothonotary shall endorse upon every writ 
 of venire facias which shall be specially awarded in any 
 cause, the day assigned in the trial list for the trial of the 
 said cause. 
 
 companied by a specific statement of the cause of action signed by the 
 parties, as required by the rule of court. 
 
 "The only confessions of judgment excepted from the operation of 
 the rule are those which are entered upon warrants of attorney or in 
 pursuance of agreements for the revival of judgments." Thayer P. J., 
 C. P. 4. Carter vs. Shoener, et al. 5 C. C. Rep., 186, (March 17, 1888). 
 
 64. The court has power to make this rule. Herman vs. Rinker, 106 
 Pa. St., 121 (Paxson, J., April 14, 1884). 
 
H9 
 
 § 104. The sheriff or other officer to whom any writ of 
 venire facias specially awarded in any cause shall be 
 directed, shall summon the jury to appear in court at ten 
 o'clock in the forenoon of the day so endorsed on the said 
 writ. 
 
 RULE XXV. 
 
 Letters Rogatory. 
 
 § 105. Letters rogatory may issue on application of 
 either party to take depositions, which letters rogatory 
 shall be in the form following, viz. : 
 
 "The Court of Common Pleas No. , for the County of 
 Philadelphia, Pennsylvania. 
 
 44 To any judge or tribunal having jurisdiction of civil 
 causes at 
 
 .Whereas a certain suit is pending before us, in which 
 A. B. is plaintiff and C. D. is defendant, and it has been 
 suggested to us that there are witnesses residing within 
 your jurisdiction, without whose testimony justice cannot 
 completely be done between the said parties ; we therefore 
 request you that, in furtherance of justice, you will, by the 
 proper and usual process of your court, cause such witness 
 or witnesses as shall be named or pointed out to you by 
 the said parties, or either of them, to appear' before you 
 or some competent person by you for that purpose, to be 
 appointed and authorized, at a precise time and place by 
 you to be fixed, and there to answer on their oaths and 
 affirmations, to the several interrogatories hereunto an- 
 nexed ; and that you will cause their depositions to be 
 committed to writing, and returned to us under cover duly 
 closed and sealed up, together with these presents, and we 
 shall be ready and willing to do the same for you in a 
 similar case when required . Witness, etc. " 
 
120 
 
 RULE XXVI. 
 
 Money Paid into Court. 
 
 § 106. Until otherwise ordered, the Fidelity Insurance, 
 Trust and Safe Deposit Company, of the city of Phila- 
 delphia, shall be the bankers of court No. i. The Penn- 
 sylvania Company for Insurances on Lives and Granting 
 Annuities shall be the bankers of courts Nos. 2 and 4, and 
 the Girard Life Insurance, Annuity and Trust Company 
 shall be the bankers of court No. 3. 
 
 All moneys paid into court by the sheriff shall be paid 
 by him direct to the banker, to the credit of the court in 
 the particular case or matter ; and the said banker shall 
 keep a separate account of each of said payments, desig- 
 nating the case with the term and number thereof. The 
 sheriff shall keep a separate bank book with said banker 
 for each court, in which said banker shall enter the money 
 paid by him into this court, and the name of the case in 
 which it is paid, with the term and number thereof. And. 
 the entries made accordingly in said book shall be evidence 
 that the money is so deposited with the said banker to the 
 credit of the said court in the particular case or matter. 
 A duplicate of said bank book shall also be kept by the 
 prothonotary of this court, in which the same entries shall 
 be made by the banker. When the sheriff is about to 
 pay money into court in any case or matter, he shall re- 
 ceive the said duplicate bank book from the prothonotary, 
 and as soon as the deposits shall have been made, and the 
 entry by the said banker shall haye been made accordingly 
 in each of the said bank books, the said duplicate bank 
 book shall be returned by the sheriff to the prothonotary. 
 No money shall be paid out of court by the said! 
 bankers, except on the checks of the prothonotary, accom- 
 panied by a certificate endorsed on each check, under the 
 hand of the prothonotary and the seal of the court, that 
 the said money was . ordered to be so paid by two of the 
 judges thereof. 
 
121 
 
 RULE XXVII. 
 
 Motions and Arguments. See Depositions, § 54. 
 
 § 107. On the Saturdays of each week shall be heard 
 the motions and rules on the Current and Deferred Motion 
 Lists. 
 
 § 108. Cases on the Current Motion List not answered 
 to shall be placed, of course, without further order, on the 
 Deferred Motion List of the following week. 
 
 § 109. Cases on the Deferred Motion List not answered 
 to shall be placed of course, without further notice, on 
 the General Motion List. 63 
 
 § no. On the third calling of the General Motion and 
 Argument Lists,, all cases not answered to shall be finally 
 disposed of ; that is to say, demurrers, motions in arrest of 
 judgment and exceptions shall be stricken from the list; 
 motions for rules for new trials, to take off non-suits, rules 
 for new trials and reserved points shall be considered as 
 submitted without argument, and decided upon the report 
 of the judge before whom the case may have been tried. 
 Rules for judgments, and all other rules nisi, shall be dis- 
 charged. 
 
 § in. All motions made by counsel shall be put in 
 writing and delivered to the prothonotary to be entered on 
 the minutes and filed ; the time of delivery to be endorsed 
 by the prothonotary. 
 
 65. The following orders were made by C. P. ■* and 4 respectively : 
 "And now October 24, 1891, it is ordered that a General Motion 
 List be called on the second Saturday .of each month, and that cases 
 passed on the Deferred List shall not be heard until they appear on the 
 General Motion List." 
 
 " And now, October 31st, 1891, it is ordered that a monthly General 
 Motion List be called on the fourth Saturday of each month, and that 
 cases passed on the Deferred List shall not be heard until they appear 
 on the monthly General Motion List. Cases which shall not be argued 
 upon the calling of the monthly list will go to the General Motion List 
 of the following term." 
 
122 
 
 § H3. Upon rules to show cause of action, or to dis- 
 solve foreign attachments, the party who is to show cause 
 is to begin and conclude; in all other cases, the party who 
 obtains the rule to show cause is to begin and conclude. 
 
 § 113. Unless otherwise specially directed, two counsel, 
 but not more, may be heard on each side of a cause or 
 matter on the Argument Lists, and one counsel on each side 
 of a case on the Motion Lists. The counsel of the party hav- 
 ing, according to the practice of the court, the right to begin 
 shall state the grounds relied upon, and cite all the author- 
 ities intended to be adduced in their support. The counsel 
 of the opposite party shall then be fully heard; if two, 
 they shall follow each other in order, of seniority. The 
 counsel who began, if alone, shall reply; if two are con- 
 cerned on that side, this duty shall devolve upon his col- 
 league. The reply is to be confined to an examination of 
 the points made by the opposite^ counsel. 
 
 § 114. In all cases on the Motion and Argument Lists, 
 the party who is entitled to begin, shall furnish to each of 
 the judges a paper-book, containing a full and distinct 
 statement of all facts conducive to a ready apprehension 
 of the matter to be argued. 
 
 § 115. Paper-books shall be either written in a plain, 
 legible hand or printed, and endorsed with the names of 
 the plaintiff and defendant, or petitioner, as the case may 
 be, and also the names of the counsel furnishing the paper- 
 book. Where the paper-book is made of a press copy the 
 same shall be backed with foolscap paper, and the copy 
 trimmed to correspond in size. 
 
 Paper-books in contested elections shall in all cases be 
 printed. 
 
 § 116. Upon every rule to show cause why judgment 
 should not be entered for want of a sufficient affidavit of 
 defence, the plaintiff shall furnish to each of the judges, 
 before the hearing of the rule, a copy of the bill, note. 
 
123 
 
 bond, book-entries, claim or other instrument of writing, 
 or the affidavit of loan filed by plaintiff, and also a copy of 
 the affidavit of defence filed by the defendant ; and when- 
 ever the copies are not furnished as aforesaid, the rule shall 
 be discharged. 
 
 § 117. In motions and rules for new trials, the party who 
 obtains the same, shall furnish to each of the judges a copy 
 of the reasons filed, with such a statement of the case or 
 evidence as may be necessary to enable the court to under- 
 stand the reasons ; such copy of the reasons to be furnished 
 to the judge before whom the cause was tried within four 
 days after the trial. 
 
 § 118. In all arguments on the reports of auditors and 
 referees, copies of the report and of the exceptions thereto, . 
 if any be filed, shall be furnished by the exceptant to each 
 of the judges before the commencement of the argument. 
 This rule shall also apply to arguments on reports of au- 
 ditors. 
 
 § 119. On rules to set aside sheriff's sales the paper- 
 book must be furnished by the party obtaining the rule, 
 and must set forth the price for which the premises sold, the 
 value thereof, as resulting from a fair construction of the 
 depositions, and the particulars of misdescription or other 
 irregularity. 
 
 RULE. 
 
 Naturalization. 
 
 % xig}4 The fees for naturalization and certifying de- 
 claration of intention to become citizens shall be the same 
 as those allowed to the clerk of the court of quarter sessions 
 by the act of May 1, 1879. No abatement shall be made 
 by the prothonotary, nor shall credit be given in any case. 
 
 1. Application for naturalization will be considered by 
 the court only when presented at some session of the court 
 
124 
 
 occurring between the first day of December and the first 
 day of the following July. They shall be heard only on 
 Saturdays in the courts of common pleas, and according to 
 the following distribution of business, to wit : 
 
 On the first Saturday of each month, in court of common 
 pleas No. i. 
 
 On the second Saturday in court No. 2. 
 
 On the third Saturday in court No. 3. 
 
 On the fourth Saturday in court No. 4. 
 
 The hour for such hearings shall be 10 o'clock A. M. 
 
 No application will be heard in the court of quarter 
 sessions. 
 
 2. The certificate of naturalization must be delivered 
 by the clerk to the person applying for naturalization ; 
 and the fees due thereon must be paid by the applicant and 
 received by the clerk at the time when the application 
 shall be approved by the court. 
 
 RUIvE XXVIII. 
 New Trials. See Motions and Arguments, § 117. 
 
 § 120. All motions for new trials and reasons in arrest 
 of judgment shall be made and offered within four days 
 after the verdict, 66 and the motion must be made as afore- 
 said, notwithstanding the points have been reserved ; and 
 whenever a non-suit is entered a motion to take the non-suit 
 off must be made within the time aforesaid. 
 
 § 121. Every motion for a rule for a new trial shall be 
 heard upon the New Trial Motion Iyist, and one counsel 
 only shall be heard in support of the motion. If the rule 
 shall be granted, it shall be placed on the New Trial Argu- v 
 
 66. The court may entertain a rule for new trial nunc pro tunc if made 
 within the term when the verdict was rendered, and no objection can 
 be made that it was not finally disposed of until a subsequent term. It 
 is competent for the court upon a proper showing to waive the limita- 
 tion imposed by its own rules of practice, Lance vs. Bonnell, 105 Pa., 
 St. 46 (Clark J., Feb. 4, 1884. Error to C. P. 2, Phila. co.). 
 
125 
 
 ment List, and the party who is to show cause against the 
 rule shall be first heard by one counsel only in reply ; but 
 the court will order a further argument by other counsel 
 in cases which, in their opinion, require it. 
 
 RULE XXIX. 
 
 Non Pros. 
 
 § 123. Unless a declaration be filed within twelve 
 months from the return day of the term to which an action 
 is brought, or an appeal is entered, a non pros, shall be 
 entered by the prothonotary as a matter of course, unless 
 the parties otherwise agree in writing filed, or the court, 
 upon cause shown, shall extend the time. m 
 
 67. On appeals from a magistrate, the plaintiff has one year from the 
 return-day to which the transcript was filed in which to file his declara- 
 tion. Elis vs. Pennington, 2 W. N. C. 29. (C. P. 3, Oct. 2, 1875.) See 
 sec. 126 e. 
 
 The plaintiff in such case cannot be nonsuited without notice. Simons 
 vs. Kutz, 1 W. N. C. 55a (C. P. 1, June 26, 1875) ; but in Seidel vs. Baker, 6 
 W. N. C. 135 (Thayer P. J., Sept. 21, 1878), it was thought that the plaintiff 
 must indicate an intention of treating the transcript as a narr in order to 
 keep the case alive. An election filed, without notice to the defendant 
 was held sufficient. Garettws. Wiley, 13 W. N. C. 98 (C P. 4, April 21, 
 1883). As to the right of plaintiff to treat transcript as a narr, see Hen- 
 derson vs. Miller, 14 W. N. C, 422 ; Herner vs. Frank, 15 W. N. C. 30. 
 
 Plaintiff is not required to file his declaration before the defendant is 
 served. The 12 months are to count from the date of service, Ashton 
 vs. Bell, 19 W. N. C, 38 (C. P. 3, Dec. 30, 1886); Everett vs. Niagara 
 Ins- Co., 142 Pa. St., 322 (Mitchell, J., May 18, 1891). 
 
 " The rule of law is that when computation is to be made from an act 
 done, the day on which the act was done must be included ; but when 
 the computation is to be from the day itself, then the day on which the 
 act was done must be excluded." Therefore the return' day is not in- 
 cluded^ in the computation. Wayne vs. Duffy, 1 Phila. 376 (Allison J., 
 C.P. June 19; 1852). 
 
 The operation of this rule is suspended while a cause is before arbi- 
 trators.. McCall vs. Crousillat, 2 S. & R. 167 (Tilghman, C. J., Yeates 
 J., Dec. 1815). 
 
126 
 
 Notary. See Affidavits. 
 
 RULE XXX. 
 
 Notices. 
 
 § 123. All notices shall be in writing. 
 
 § 124. If a party entitled to notice has not employed 
 an attorney, it shall be sufficient to serve a copy on the 
 party, or his bail to the sheriff, or special bail, if there be 
 any; but if an attorney be employed, and marked on the 
 record, all notices, pleadings and papers shall be served 
 on him, except where an act of Assembly or rule of this 
 court directs otherwise. 
 
 Paper Books. See Motions and Arguments. 
 
 RULE XXXI. 
 Pleadings and Practice.® 
 
 § 125. Appearances shall be entered by a written order 
 filed and endorsed by the prothonotary, or one of his clerks, 
 with the time of filing the same, — and no appearance de 
 bene esse shall be allowed. 
 
 § 126. 69 Rules to declare or plead 70 may be entered in the 
 prothonotary' s office at any time after the return day of 
 the writ, and on failure to declare or plead within fifteen 
 
 68. "The time and manner of filing a narr, of appearing and plead- 
 ing by the defendant, and of signing judgments for want of a plea, etc., 
 are matters of practice regulated by rules of court, and the practice of 
 the court, and irregularities in any of these respects are universally 
 remedied by applications to the court, whose rules or practice is sup- 
 posed to be violated." Crosby et al. vs. Massey etal., 1 P. & W., 229 
 (Huston J. May, 1830). 
 
 69. Section 126 is new, being adopted by the court to carry out 
 the provisions of the act of May 2;, 1887. 
 
 70. In counting the time to plead after notice the day on which 
 the notice is given is excluded, and if the final day falls on Sunday, it 
 also is excluded and a plea entered on Monday is in time. Marks' s ex'tr. 
 vs. Russell, 40 Pa. St., 372 (Lowrie, C. J., Oct. 31, 1861). 
 
127 
 
 days after written notice to do so, 71 served upon the adverse 
 party, or his or her attorney of record, with copy of declar- 
 ation or statement, the prothonotary shall, on motion in 
 writing, enter a judgment of non pros, against the plaintiff 
 for want of a declaration or statement, or judgment against 
 the defendant for want of a plea, or at the request of the 
 plaintiff, enter a plea and place the case on the trial list. 
 Judgments by default may be set aside or opened at the 
 discretion of the court, when deemed necessary, for the 
 purposes of justice. But the court or any judge thereof 
 may enlarge the time to declare or plead on cause shown. 
 
 § 126a. The plaintiff shall serve a copy of the state- 
 ment of claim on the defendant, or his attorney of record 
 if he has one, at least fifteen days before moving for judg- 
 for default, except for want of an appearance. 72 
 
 Such copy 73 may be served by the sheriff with the writ, 
 and his return shall be in lieu of the affidavit otherwise 
 required. 
 
 If the defendant resides out of the county and has no 
 attorney of record, the copy may be served on him wher- 
 ever he may be found by messenger or registered letter. 
 
 If the residence of the defendant is unknown and he 
 has no attorney of record, the copy intended for him, to 
 be marked "defendant's copy," may be served by leaving 
 
 71. It is usual to serve a copy of the rule, but in Stroop vs. Gross, 
 1 W. & S., 139 (Rogers J., 1841), a motion requiring the defendant to 
 plead was held tantamount to notice of a rule to plead. 
 
 72. Neither the act of May 25, 1887 nor the new rules to carry out 
 its provisions, alter or abolish the right of plaintiff to take judgment for 
 want of an appearance. Humphrey 'vs. Smith, $0.. C. Rep., 169 (C. P., 
 1, Allison, J., October 15, 1887). 
 
 The defendant has all of the return day to enter an appearance, or to 
 file an affidavit of defence where such is required. Porter vs. Hower, 
 9 C. C. Rep., 283 (Schuylkill Co., Bechtel, P. J., May 6, 1889), 
 
 73. The copy of statement served should set forth the names 
 of all the plaintiffs of record and the affidavit thereto. Wolf et. al, vs. 
 Binder cV Kelly, 28 W. N. C, 133 (C. P., 1, May 9, 1891)- 
 
128 
 
 it with the prothonotary, who shall deliver it to the defen- 
 dant or his attorney on request. 
 
 An affidavit of the time, place and manner of serving 
 such copy shall be filed in all cases, except where service 
 is made by the sheriff". 
 
 When the defendant's copy is filed in the prothonotary' s 
 office, the reasons for so filing it must be stated in detail 
 in the affidavit. 
 
 § 126& Plaintiff's statement shall contain a specific 
 averment of facts sufficient to constitute a good cause of 
 action. 7 * 
 
 Such statement shall be supported by an affidavit 75 of 
 the truth of the matter alleged as the basis of the claim, 
 and shall in all cases, where damages are capable of liqui- 
 dation, contain an explicit averment of the amount claimed 
 to be justly due. 
 
 § 126c. Any defence, legal or equitable, -that might 
 heretofore have been specially pleaded, or given in evi- 
 dence under equitable pleas, shall be admissible under the 
 plea of the general issue, upon notice given at least ten 
 days before the day set for trial. 
 
 Such notice of special matters of defence shall contain 
 
 74. The" concise statement required by the act of 1887 is one that 
 expresses in comprehensive and brief terms, the facts which constitute 
 the cause of action. If the plaintiff add details of evidence, they need 
 not be replied to in the affidavit of defence. Anchor Saving- Bank vs. 
 Stoneham Tannery Co., 8 C. C. Rep., 303 (Brown, S. J., Warren co., 
 February 17, 1890). The rules require a plaintiff who sues upon a ne- 
 gotiable instrument to aver that he is the holder of it. Qoldbeck vs. 
 Brady. 44 L. I., 421 (C. P., 3, Finletter, P. J., October 22, 1887). 
 When the affidavit is made by a stranger the reason should appear. 
 Goldbeck vs. Brady (supra). 
 
 75. A copy of the affidavit supporting the statement must be 
 served with the copy of the statement. Wolfet. al. vs. Binder &• Kelly, 
 (supra). The statement in trespass must be sworn to. Krauskopf vs. 
 Stern, 21 W. N. C, 185. An amendment to a statement must be sworn to. 
 Ickengervs. R. R. Co., 20 W. N. C, 333 (C. P., 3, October 1, 1887). 
 
129 
 
 a specific averment of facts sufficient to constitute a good 
 legal or equitable defence. 
 
 Copies of such notice shall be filed of record, and also 
 served on the plaintiff or his attorney aforesaid, at least 
 ten days before the day set for trial. 
 
 In default of such notice the defence shall be confined 
 to matters strictly admissible under the plea filed. 76 
 
 § ia6rf. (As adopted by Courts 2, 3 and 4). In default 
 of such requisites the statement or notice may be demurred 
 to, or a rule may be had for a more specific statement or 
 notice. 77 
 
 On such demurrer the court may give final judgment or 
 order a more specific statement or notice ; and where such 
 more specific statement or notice is ordered and not fur- 
 nished, the court may enter a non-suit or judgment by 
 default, as the case may require. 
 
 § i26<£ (As adopted by court No. 1). In default of 
 such requisites in the statement or notice, a rule may be 
 had for a more specific statement or notice. 
 
 76. Special pleading is abolished by the act of May 25, 1887, 
 sec. 7. In assumpsit, the plea of the general issue shall be " non-assump- 
 sit," and in addition the defendant may plead payment, set-off and the 
 bar of the statute of limitations, but no other plea. In trespass the only 
 plea shall be " not guilty." If notice of special matter is not given as 
 required by the rule it will be rejected. Mehaffy vs. Little, 1 Watts, 
 .314, (Kennedy, J., May, 1833). The notice must be specific and particu- 
 lar, 3 W. & S.,361 (Huston, J.,- 1842). 
 
 Under a plea of payment, evidence of payment in goods is admissi- 
 ble. This not matter of set off. Richabaugh vs. Dugan, 7 Pa. St., 394 
 ■(Coulter, J., March 20, 1847). 
 
 See Ogden vs. Lukens, 29 W. N. C, 258 (C. P. 3, Dec 16, 1891). 
 
 -77. In actions to recover damages for negligence the plaintiff may be 
 uled to give a more specific statement. The statement must set out 
 the particular acts complained of, and aver the actual damage. Childs 
 vs. Penna. R. R- Co., 27 W. N. C, 510 (C. P. 1. March 7, 1891), but the 
 plaintiff is not required to specify the amount claimed for each item of 
 damage. Mallon vs. Gray, 28 W. N. C, 93 (Arnold, J., C P. 4, May 16, 
 1891). 
 
130 
 
 And where such more specific statement or notice is 
 ordered and not furnished, the court may enter a non- 
 suit or judgment by default as the case may require. 
 
 § i26<?. In all cases of appeal from judgments of magis- 
 trates, the pleadings and procedure shall be the same as in 
 like causes commenced in court. 78 
 
 § 127. No dilatory plea shall be received, unless the 
 same be filed within four days from the service of the copy 
 of the declaration, nor unless the party offering such plea, 
 does, by affidavit, support the truth thereof, 79 or show 
 some probable matter to induce the court to believe that 
 the allegations in such dilatory plea are true. 
 
 § 128. If the plaintiff in any suit in which the defend- 
 • ant is entitled to a bill of particulars, do not, within the 
 space of three months after demand, furnish the same, 
 the court may order the common counts to be stricken from 
 the declaration, or if there be none but common counts, 
 may order a non-suit upon motion of the defendant and 
 no sufficient cause shown to the contrary. 80 
 
 § 129. All demurrers shall set forth specially the 
 grounds or reasons of the demurrers, whether they be such 
 as can be taken advantage of on general demurrer or not. 
 
 § 130 is rescinded. 
 
 78. See note 67. 
 
 79. A plea of non tenure in action of dower unde nihil habet being: 
 a dilatory one, an affidavit of its truth must be filed. Casporus vs. 
 Jones, 7 Pa. St., 121 (Rogers J., Nov. 9, 1847). 
 
 In the absence of a rule of court requiring a plea in abatement to be 
 filed within any particular time, a plea in abatement filed after the case- 
 is on the trial list is too late. Murphy vs. Chase, 103 Pa. St., 260; Union 
 Type Foundry vs. Kittanning Ins. Co., 48 L. I., 147 (Paxson, C. J., 
 Nov. 3. 1890). 
 
 80. The correct practice is for defendant to file an affidavit of demand 
 for bill of particulars. Linderman vs. Land Co., 15 W. N. C., 192 (C. 
 P. 4, Oct. 18, 1884). Kitchen vs. Nat. Life Ins. Co. id., 548 (C P. 1, 
 March 7, 1885). 
 
i3i 
 
 § 131. When the defendant pleads a set-off, unless 
 the matter be fully and specially set forth in the plea, 
 or where he intends, under the plea of payment, to> 
 defalk his own account or claim against the plaintiff's de- 
 mand, or any part of it, he shall give a full and particular 
 notice in writing of such intended set-off, at least ten days 
 before the day for which the cause is set down for trial, or 
 he shall not be allowed to give in evidence, under such 
 plea, any set-off, nor under such notice any matter of set- 
 off not therein particularly set forth 81 . 
 
 § 132. The time of filing the declarations, pleas, repli- 
 cations, and all other pleadings and papers, shall be dis- 
 tinctly marked in the prothonotary's docket. 
 
 § 133. In all suits 82 a copy of the declaration and 
 every subsequent pleading shall be served by the party, or 
 his attorney filing the same, on the opposite party or his 
 
 81. In Sullivan vs. Jones 5, Wh. 367 (Rogers, J., Feb. 29, 1840), the 
 supreme court said, " The rule of court is easily observed, and is so- 
 clearly beneficial, that it ought not to be relaxed on slight or frivolous 
 pretexts." 
 
 Notwithstanding the special matter is set forth in the affidavit of de- 
 fence which may have been filed, notice must be given, as required 
 by the rule, unless it be set forth in the plea. 
 
 Sullivan vs. Jones (supra) ; Philips vs. Railroad Co., 107 Pa. St., 472 
 (Green, J., Jan. 5, 1885). 
 
 Notice must also be given, under the rules, even though the same evi- 
 dence was offered at a previous trial. Renteheimer vs. Bush, 2 Pa. St., 
 88 (Rogers, J., Dec. 26, 1845) ; Beyer vs. Fenstermacher, 2 Wh. 96 (Ken- 
 nedy, J., 1836). 
 
 Rules to strike off special pleas should be placed on the miscellaneous 
 argument list. Osner vs. Vollrath, 15 W. N. C, 300 (C. P. 3, Nov. 15, 
 1884). 
 
 82. An appeal from the judgment of a justice of the peace was held 
 an action within the meaning of a similar rule. Craig et al. vs. Brown, 
 48 Pa. St., 202 (Strong, J., 1864). See section 126*. If the plaintiff 
 elects to treat the transcript as a narr, and rules the defendant to plead 
 to it, he is bound to furnish a copy. Herner vs. Frank, 15 W. N. C, 30 
 (C. P. 2, June 9, 1884). 
 
13^ 
 
 attorney of record 83 , otherwise such declaration or other 
 pleading may be treated as a nullity : Provided, however, 
 That it shall not be necessary to serve a copy of the decla- 
 ration upon a defendant or defendants who have not ap- 
 peared in the action: And, provided further, That not- 
 withstanding no appearance may have been entered at the 
 time of filing the declaration, no judgment for want of a 
 plea shall be entered, unless a copy of the declaration has 
 been served on the defendant or his attorney with the rule 
 to plead. 
 
 § 134. If the papers in a cause are mislaid or lost, and 
 cannot be found when the case is called for trial, they may 
 be supplied by such copies or other duly authenticated 
 copies of the pleadings. 
 
 RULE XXXII. 
 
 Publication of Notices. 
 
 § 135. The Legal Intelligencer shall be the weekly 
 newspaper for the publication of notices, under the act of 
 April 5th, 1855. 
 
 RULE XXXIII. 
 
 Publication of Writs. 
 
 § 136. Whenever, in pursuance of the 34th section of 
 the "act relating to executors and administrators," any 
 administrator, heir, devisee, or guardian, shall be made a 
 party in an action , and shall reside out of the county of 
 
 83. See Association vs. Cunningham, 16 W. N. C, 510 (C. P. 3, Oct. 
 31, 1885), where the court discharged a rule for judgment of nonpros for 
 want of a narr, counsel stating that no copy of the narr had been served 
 on him. 
 
 If the plea is filed of record but no copy served on the plaintiff, the latter 
 should file an affidavit that no copy was served, and take judgment for 
 want of service of such copy. Limon vs. Howard, 1 W. N. C, 389 
 (C. P. 3, May 1, 1875). A judgment for want of a plea in such a case 
 will be stricken off. Fleshman vs. Merrick Price Co., limited, 27 W. N. C, 
 572 (C- P. 1, Biddle, J., March 12, 1891). 
 
133 
 
 Philadelphia, publication of the writ shall be made by the 
 sheriff in the Legal Intelligencer and one daily newspaper 
 published in the city of Philadelphia, once a week, for two 
 successive weeks, and such publication shall be regarded 
 as service of such writ. 
 
 § 137. Publication of the alias writs of summons, re- 
 quired by the act of Assembly entitled ' ' an act for better 
 securing the payment of ground-rents," shall be made by 
 the sheriff in the Legal Intelligencer, and such daily news- 
 paper as he may choose, once a week, for two successive 
 weeks prior to the return day of such writs. 
 
 § 138. The advertisement by the sheriff of writs of ven- 
 ditioni exponas (or fieri facias against real estate, where 
 inquisition and condemnation have been waived) and 
 levari facias, under the acts of assembly relating to exe- 
 cution, shall be three times in the Legal Intelligencer, and 
 once a week for three-successive weeks in two daily news- 
 papers, and the first advertisement in said daily newspapers 
 shall not.be less than twenty-one days before the day of 
 sale. 
 
 RULE XXXIV. 
 Records. 
 
 § 139. No record shall be taken from the office of the 
 prothonotary, unless by permission of one of the judges, 
 for special cause shown at the time of application. 
 
 § 140. The prothonotary shall not be required to enter 
 upon the records any written paper which does not set 
 forth the court, term and number of the suit. 
 
 § 141. The entry of satisfaction, settlement or discon- 
 tinuance, may be made by the party or his attorney of 
 record ; but such entry shall always be attested by the 
 prothonotary, or one of his clerks, with the date of entry. 
 In no other case shall any attorney be allowed to make 
 any entry upon the dockets or other records of the court. 
 
134 
 
 RULE XXXV. 
 
 Referees. See Motions and Arguments § 118. 
 
 § 142. Whenever any report of referees is filed, notice 
 thereof shall be served on the opposite party or his attorney, 
 who shall have four days (excluding Sundays) from such 
 notice to file exceptions, which shall be accompanied 
 with an affidavit or affidavits as to facts which do not ap- 
 pear on the face of the proceedings, and no execution shall 
 issue until the expiration of the said four days 84 . 
 
 RULE XXXVI. 
 Replevin. 
 
 § 143. In every action of replevin if the defendant does 
 not appear at the return day of the writ, and he has been 
 duly summoned, the plaintiff having filed his declaration, 
 may file a common appearance for the defendant, and pro- 
 ceed in the cause by ruling him to plead as in other cases. 
 
 RULE XXXVII. 
 Security* 
 
 § 144. Wherever execution is issued more than seven 
 days from the rendition of judgment, and the defendant is 
 entitled to a stay of execution upon the entiy of security 
 under the act relating to executions, passed the 16th day 
 of June, 1836, the execution shall be set aside upon the 
 entry of such security, and the payment by the defendant 
 of the costs of the execution : Provided, The money has 
 not been made on such execution. 
 
 § 145. Exception may be taken to the sufficiency of 
 security for stay of execution within four days after the 
 
 84. This rule does not apply to the report of a referee under the Act 
 of May 14, 1874. It is not necessary that counsel should have notice of 
 the filing of the report of such a referee. Eyster et al. vs. Mc Culla et al. 
 3 W. N. C. 219 (C. P. 3 Nov. 21, 1876). But see 4 May, 1889, P. L. 8o, 
 .regulating the filing of report of referee, under Act of 1874, notice to 
 counsel and exceptions. Kille vs. Reading Iron Works 26, W. N. C, 1. 
 
135 
 
 expiration of thirty days from the entry of the judgment ; 
 and the defendant, within eight days after notice of excep- 
 tion, shall justify the security before the prothonotary, 
 giving twenty-four hours notice of justification, subject to 
 an appeal to a judge. 
 
 § 146. In all cases where surety is required to be ap- 
 proved by a judge or the prothonotary, the party present- 
 ing such surety for approval, shall at the same time present 
 to the judge or prothonotary, an affidavit signed by the 
 surety offered and duly sworn or affirmed upon a blank to 
 be furnished by the prothonotary in the following form : 
 
 C. P. No. 
 
 Term, 18 
 
 No. 
 
 vs. > 
 
 Security for 
 Amount, $ 
 
 being about to become surety in the 
 above entitled case, and being duly according 
 
 to law, deposes and says : 
 
 First. — I reside at 
 and my occupation is 
 
 Second. — I am the owner of real estate in the County of 
 Philadelphia as follows : 
 
 Third. — The value of said real estate is and 
 
 the rent It is assessed for the purposes 
 
 of taxation, at the value of and is so assessed in 
 
 my name. 
 
 Fourth. — There are incumbrances against 
 
 the said real estate as follows : 
 
 and there is no other judgment binding the said land, or 
 
I3 6 
 
 mortgage, ground rent or other incumbrance of any kind 
 affecting the same except those named. 
 
 Fifth.— The title to the said real estate is in my own 
 name, and the same is not subject to any trust. 
 
 Sixth. —I obtained the said real estate in by from 
 , and my deed therefore is recorded. 
 
 Seventh. — There are judgments against me 
 
 Eighth.— -I am not surety in any other case, or for any 
 public officer. 
 
 and subscribed, this day of 
 
 , 1 8 , before me 
 
 N. B.— This affidavit must be sworn to before the prothonotary or a 
 commissioner of bail appointed by him. 
 
 Notice of this application for approval of surety was 
 given to the by writing on the ' 
 
 day of , 18 , 
 
 The above named is approved as surety in 
 
 the above case. 
 
 And notice in writing of the time and place of the 
 application, stating the name of the surety to be offered, 
 his residence and occupation, and the property of which 
 he is possessed, shall be given to the opposite party forty- 
 eight hours before the application, in all cases except 
 attachments under the act of 1869, domestic and foreign 
 attachments, writs of replevin not between landlord and 
 tenant for goods destrained for rent, and special injunc- 
 tions. 
 
137 
 
 RULE XXXVIII. 
 
 Sheriff' 1 s Deeds. 
 
 § 147. Before the acknowledgment of any deed or 
 deeds, executed by the sheriff for any lands or tenements 
 sold by him, under or by virtue of any process from any 
 these of courts, shall be received or taken, the process 
 under which such sale shall have been made shall be duly 
 returned and filed with the prothonotary. 
 
 § 148. The first Mondays of each term and Saturday 
 of each week, are appointed for the purpose of allowing 
 the acknowledgment of deeds by the sheriff to be made by 
 public proclamation in open court. But they may be 
 acknowledged at such other times as the court may per- 
 mit. 
 
 § 149. First. — Eeturns by the sheriff upon process 
 for the sale of real estate, made in pursuance of the Act of 
 Assembly entitled ' ' An Act relative to lien creditors becom- 
 ing purchasers at judicial sales and for other purposes," 
 passed the 28th day of April, 1846, shall be read in open 
 court on the Saturday next following the day on which the 
 return shall be made. 
 
 Second. — The sheriff shall on the day when his return is 
 read in court, give notice thereof to all persons who have 
 notified him that they claim an interest in the proceeds of 
 any real estate returned sold as aforesaid, and any of such 
 persons may file exceptions to the right of the purchaser 
 mentioned in the return, to the said proceeds or any part 
 thereof, but such exceptions must be founded upon material 
 facts in dispute, the nature and character of which must be 
 set forth and verified by affidavit, or upon some matter of 
 law appearing of record. 
 
 Third. — Exceptions to the right of the purchaser to the 
 proceeds of any sale as aforesaid, must be filed in the office 
 
138 
 
 of the prothonotary on or before the Wednesday next fol- 
 lowing the day on which the return of sale shall have 
 been read as aforesaid, but not later. 
 
 Fourth. — The party filing exceptions as aforesaid, shall 
 thereupon enter of course, in the office of the prothono- 
 tary, a rule upon the purchaser to show cause why the sale 
 should not be set aside, which rule shall be made returna- 
 ble on the Saturday next following the day upon which the 
 exceptions shall be filed as aforesaid, of which rule he shall 
 forthwith give notice to the purchaser or his attorney. 
 
 Fifth. — On the return of the rule entered as aforesaid, if 
 the exceptions are deemed sufficient, the court will appoint 
 an auditor to make a report of distribution of the proceeds 
 of the sale, or direct an issue to determine the validity of 
 the lien of the purchaser, if the case shall require it, and 
 thereupon all further proceedings under such rule shall be 
 stayed until the report of the auditor shall be made and 
 approved by the court, or the issue directed as aforesaid 
 shall be determined. If the exceptions are insufficient, 
 the court will dismiss the same and discharge the rule. 
 
 Sixth. — The report of auditors appointed as aforesaid, 
 shall be subject to the rules applicable to the reports of 
 auditors, distributing the proceeds of sheriff's sales in 
 other cases. And the party in whose favor the verdict, on 
 an issue directed as aforsaid, shall have been rendered, 
 shall be entitled to enter judgment thereon, according to 
 the rules applicable to verdicts in other cases. 
 
 Seventh. — If it shall be the judgment of the court upon 
 the report of the auditor appointed as aforesaid, or upon 
 the verdict of the jury, that the purchaser is not entitled 
 to receive the proceeds of the sale, or any part thereof, 
 the rule entered as aforesaid shall become absolute of 
 course, at the expiration of ten days after the report has 
 been confirmed or judgment entered, unless the purchaser 
 shall, within that time, pay or cause to be paid to 
 
139 
 
 the sheriff who made the sale, the whole of the purchase- 
 money, or so much thereof as it shall be adjudged he is not 
 entitled to retain. 
 
 Eighth. — If no exceptions shall be filed as aforesaid, 
 or if the exceptions shall be dismissed by the court, or 
 it shall be otherwise determined that the purchaser is 
 entitled to the proceeds of the sale, or if the purchaser 
 shall pay the purchase-money or such part thereof as 
 maybe adjudged to be payable by him, the sheriff shall 
 be allowed to acknowledge his deed for the estate sold as 
 aforesaid, and deliver the same to the purchaser thereof on 
 the following Saturday, or on any other subsequent day ap- 
 pointed by the court for the acknowledgment of sheriff's 
 deeds, unless a motion shall be pending to set aside the sale 
 for irregularity of the proceedings, or for some other cause. 
 
 § 150. All sheriff's deeds hereafter to be acknowledged 
 shall be recorded by the prothonotary in the sheriff's deed 
 book in words at length. 
 
 RULE XXXIX. 
 Subpoena. 
 § 151. No subpoena duces tecum for a public record or 
 paper shall be issued without the special order of a judge. 
 § 152. Subpoenas for witnesses residing within the city 
 and county of Philadelphia shall be taken at least five days 
 previous to the day assigned for the trial of the action in 
 which their attendance shall be required, or such action 
 shall not be continued on account of the absence of any 
 such witness, if he were, or might be found at his resi- 
 dence within that period. 85 But this rule shall not dis- 
 ss. This " rule applies only to applications for a continuance on ac- 
 count of the aosence of witnesses who might have been found within 
 reach of process, within the five days.?' It does not require that a wit- 
 ness should have been subpoenaed five days before the day set for trial 
 in order to compel his attendance. Scriber vs. Reeves, 1 Phila., 284 
 {Dec. 27, 1851, D. C, Sharswood, P. J.). 
 
140 
 
 pense with the obligation to take the deposition of any 
 such witness where the party requiring his attendance 
 knows, previously to that period, that such witness intends 
 to be absent from the county at the time of the trial. 
 
 Trespass. See Bail. Sec. 25. 
 
 RULE XL. 
 
 Trial. 
 
 § 153. No cause, when reached in order on the trial 
 list, shall be left open, or continued in consequence of a 
 pending engagement of counsel in any other than a court 
 of this commonwealth sitting in the city of Philadelphia, 
 or the district or circuit court of the United States for the 
 eastern district of this State. 86 
 
 § 154. Where more than one counsel are concerned on 
 the same side, the cause shall not be left open on account 
 of the sickness or absence of one of them, nor on account 
 of any engagement out of the court in which the cause is 
 pending, but in such case the cause may, by consent, be 
 placed at the foot of the list. And if any counsel shall be 
 actually engaged before one of the judges of the court in 
 which the cause is pending, at the time of the calling of 
 the cause for trial before another judge of the same court, 
 in which he is also retained as counsel, such latter cause 
 shall be left open, with the privilege of being called on by 
 either party, immediately after the prior engagement shall 
 be terminated, in preference to any other cause not then 
 under trial, or previously left open under this rule. 
 
 § 155. No cause, when reached in its order upon either 
 the trial or argument list, shall be continued, left open, or 
 put at the foot of the list, by reason of sickness, or tem- 
 porary absence on public business, or an engagement in 
 another court, or before another judge of the court in 
 
 86. See Fritz vs. Church, 3 Phila., 236. 
 
Hi 
 
 which the cause is pending, unless no one of the counsel 
 concerned on the same side shall be able to conduct the 
 trial or argument : Provided, That where more than one 
 counsel are concerned on the same side of a cause on trial 
 before another court, no one shall be considered as engaged 
 within the meaning of this rule, who, having a colleague 
 in the cause at liberty to remain till the end of the trial, 
 shall have concluded his address to the jury. And where 
 more than one counsel are concerned on the same side of a 
 cause on trial before another judge of the same court in 
 which the cause is pending, after the evidence is closed in 
 • such cause, no one shall be considered as engaged within 
 the meaning of this rule, except the counsel on whom 
 the duty of addressing the jury shall devolve : Provided 
 also, That nothing in this rule contained shall prevent 
 the continuance of a cause where the usual legal grounds 
 therefor shall be laid before the court. 
 
 § 156." The party calling a witness shall when so requir- 
 ed, state briefly the point or points which he proposes to es- 
 tablish by his testimony. 
 
 § 157. The detention for the purpose of noting his tes- 
 timony, of a witness under examination, shall be regu- 
 lated by the discretion of the judge, in the particular cause 
 on trial. 
 
 § 158. After the evidence in a cause on trial is closed 
 neither party shall be entitled to address the jury by more 
 than one counsel. If evidence has been received on be- 
 half of each party, the counsel having the right on the 
 pleadings to begin, shall sum up, stating explicitly the 
 grounds upon which he intends to rely, and citing such 
 authorities as he may deem pertinent. One of the coun- 
 sel of the opposite party may then address the jury as fully 
 as the nature of the defence may require. Afterwards the 
 counsel who commenced the summing up may conclude, 
 restricting himself to enforcing the. grounds previously 
 
I 4 2 
 
 taken by him, and combatting the views of the opposite ■ 
 counsel. When the party not entitled to begin shall pro- 
 duce no testimony, the counsel of the other party shall be 
 confined to his address in summing up, and shall not be 
 heard in reply. 
 
 § 159. No cause, when reached on the trial list, shall 
 be passed on account of an attachment for witnesses, un- 
 less it shall have been applied for and issued within an 
 hour after the opening of the court on • the day on which 
 the cause is marked for trial, except it be shown that the 
 witness or witnesses were in attendance at that time, and 
 departed without leave. 
 
 § 160. When application is made for the continuance 
 of a cause on the trial list, because of the absence of a wit- 
 ness not served with a subpoena, ground must be laid by af- 
 fidavit of the party or his agent, setting forth the fact or 
 facts which it is believed the witness will pmaregfll Hre 
 grounds of belief that he will do so, the^ ag^ fe^made to 
 procure his attendance, specifying the same minutely and 
 particularly, and the grounds for believing that a continu- 
 ance will enable the party to procure the testimony ; which 
 affidavit shall be filed of record, and an admission in writ- 
 ing by the other party to be read in the cause, that the 
 witness, if called, would testify as set forth in the af- 
 fidavit, shall be a sufficient cause for refusing the applica- 
 tion. 
 
 § 161. Points upon which the judge is desired to charge 
 the jury on the trial of the cause, shall be plainly written, 
 and so framed that the answer shall be full, direct, and ex- 
 plicit by a simple affirmation or negation. A copy of the 
 points shall be presented to the court at the close of the 
 evidence, and before the commencement of the summing 
 up, or the judge may at discretion refuse to charge the 
 jury upon the points proposed. 
 
H3 
 
 § 1 62. Either party excepting to the charge of the court 
 to the jury shall, before the jury have withdrawn to con- 
 sider their verdict, state distinctly the several matters of 
 law in such charge to which he excepts ; and no general 
 exception to the whole of the charge shall be allowed by 
 the court, but the exceptions to the matters of law so dis- 
 tinctly stated, and those only, shall be allowed in the bill 
 of exceptions. 87 
 
 RULE XLI. 
 
 Trial List. 
 
 § 163. No cause shall be placed on the trial list until 
 after issue joined, nor without the written order of one of 
 the parties or his counsel on the trial order book. 88 Nor 
 shall any cause be placed on the trial list for any period, 
 unless the same shall be at issue before the issuing of the 
 venire for such period. It shall be the duty of the pro- 
 
 87. See Rule XII. In Collins vs. Leafy, 124 Pa. St., 203 (Mitchell, J., 
 Feb. 11, 1889), the supreme court in speaking 1 of this rule, said : "This 
 is a good rule. It tends to correct accidental errors in the statement of 
 either the facts or the law, before they have had opportunity to do in- 
 jury, and to encourage trials upon the merits of the real issues, and not 
 upon trivial points or small inaccuracies, subsequently worked up under 
 the spur of an adverse verdict, into undue importance. 
 
 " But the rule is meant to facilitate, not to impede the fair and accurate 
 conduct of litigation, and they may therefore, be cases where it is 
 properly relaxed by the judge, for whose protection it was mainly 
 enacted." 
 
 If the trial judge certifies that no exception was taken, the supreme 
 court is precluded from entering upon any examination of the error 
 which complains of the charge of the court. Mc Adams' Executors vs: 
 Stilwell, 13 Pa. St-, 90 (Bell, J., 1850). 
 
 The judge may allow a general exception to thewhole charge and 
 sign the bill in that form. This is entirely within his-discretion to do. 
 Collins vs. Leafy (supra). 
 
 88. An agreement not to place a case on the trial list without the con 
 sent of both parties is binding, and will be enforced by the court. 
 Hunsicker vs. Williston, 1 Mona., 5&&{Per Curiam S. C, March 25, iF8y) 
 
144 
 
 thonotary, at least thirty days before the commencement 
 of any period appropriated to the trial of causes by jury, 
 to make out a complete list of all causes entitled to be 
 placed on the trial list for such period; and none of the 
 causes on such list shall be continued to another term, un- 
 less at the joint request of the counsel, signified by writing 
 filed with the prothonotary at least three weeks before the. 
 commencement of such period. 
 
 § 164. Actions for the recovery of the wages of manual 
 labor, under the Act of 226. March, 1877, shall not be 
 placed in advance of their regular position on the trial list, 
 without an order 89 of the court made upon examination of 
 the statement of plaintiff's claim filed in accordance with 
 said act. 
 
 § 165. Whenever a case is omitted from the trial list by 
 the mistake of the clerk, either party shall have the right 
 to order the same on the trial list, provided ten days notice 
 be given to the opposite party, or his attorney, before the 
 "day on which the case is marked for trial. 
 
 Trover. See Bail, § § 25, 26. 
 
 Trustee. See Assignees' and Trustees' Accounts; Audi- 
 tors and Auditors' Reports. 
 
 Warrant of attorney. See Judgment. 
 
 89. If an order of court to advance the case is not obtained the case 
 will be stricken from the list. Teagel vs. Moore, 26 W. N. C, 314 (C. 
 P. 1, May 10, 1890). See Creary vs. McAnnally, 14 W. N. C, 255 (C- P- 
 2, Fell, J., January 16, 1884). 
 
RULES OF THE ORPHANS' COURT 
 
 COUNTY OF PHILADELPHIA. 
 
 RULE L 
 
 Accounts. 
 
 § i. For convenience in filing, accounts shall be stated 
 •with debits preceding credits, upon paper of the ordinary 
 legal cap size, with the sheets fastened at, and folding over 
 from the top of the page. 
 
 § 2. The date of all receipts and disbursements must be 
 accurately stated ; administration 1 must not be blended 
 -with distribution, nor principal with income, but a separate 
 account must be given of each. 
 
 Accounts of the proceeds of sale of real estate^ must also 
 be separate from the administration account. 
 
 RULE II. 
 
 ■Appeals from Register. 
 
 § i. No appeal from a judicial act or decision of the 
 register of wills will be considered by the court, unless 
 such appeal has been first filed with the register, the 
 
 i. The blending of the administration with the distribution account- 
 is erroneous. Yundt's Estate, 6 Pa. St., 35 (Gibson, C. J., 1847) ; Jones' 
 appeal, 11 W. N. C, 554 (Trunkey, J., January 2, 1882). 
 
 2. See Billington's Estate, 3 Rawle, 48 (Huston, J., January 10, 
 1831) ; Comm. vs. Hilgert, 55 Pa. St., 236 ({lead, J., February 14, 1867). 
 
 (145) 
 
146 
 
 security as required by the act of June 6, 1887, (P. I/. 
 359), duly entered, and the record of the proceedings had 
 before him, with the testimony, duly certified by the reg- 
 ister and filed in this court. 
 
 § 3. In all cases where any party in interest shall take 
 an appeal from a judicial act or decision of the register, 
 the appellant shall present a petition to the court, set- 
 ting forth what has been done and the facts and circum- 
 stances upon which he relies; 3 whereupon, if such facts and 
 circumstances appear to be prima facie sufficient, a citation 
 will be granted on all the parties interested (whose names- 
 must be set forth in the petition) to show cause why the 
 said appeal should not be sustained, and the judicial act 
 or decision complained of set aside. 
 
 § 3. Where an issue devisavit vel non is asked for the 
 form of the issue or issues must be specifically set forth in 
 the petition. 
 
 § 4. The third week of each month, except during 
 vacation, will be devoted to the hearing by one of the- 
 judges of testimony of witnesses upon appeals from the 
 register, and demands for an issue devisavit vel non ; and 
 also where any question of kindred or other disputable and 
 difficult matter has arisen before the register, and upon re- 
 quest of the parties interested, or either of them, is certified 
 by him to the court for determination: Act of March 15,. 
 1833, Sec. 35, P. I,. 146. 
 
 § 5. Said hearings when commenced shall proceed con- 
 tinuously ; and continuances will not be granted, except, 
 upon cause shown and satisfactory to the judge by whom 
 the hearing is held. Depositions of witnesses, commissions 
 
 3. On appeal from the register, the petition does not comply with 
 the rules of court, if it merely alleges undue influence without stating the- 
 facts or the circumstances under which the undue influence was ex- 
 erted. Wright's Estate,^ C. C Rep., 235 (Hanna, P. J., December 20,. 
 1890). 
 
H7 
 
 for taking testimony, and subpoenas for witnesses, shall be 
 taken as now provided by rule of court. 
 
 And the testimony taken before the register, including 
 exhibits admitted in evidence, shall, upon being certified 
 by him, be used at said hearing, as also now provided by 
 rule of court upon argument of appeals from the register. 
 
 Provided^ however, that either party may at said hear- 
 ing call for examination or cross-examination any witness 
 or witnesses previously examined before the register. 
 
 § 6. The judge before whom the testimony is taken shall 
 determine preliminarily whether an issue devisavit vel non 
 shall be granted ; and whether an issue upon any other 
 matter of fact, arising upon the appeal, shall be granted, 
 together with any question of kindred or other disputable 
 or difficult matter certified by the register ; subject, how- 
 ever, to exceptions to his ruling, which must be filed prior 
 to the third Saturday after the order or decree shall be 
 filed with the clerk, otherwise such order or decree to be 
 confirmed absolutely. And said exceptions shall he heard 
 by the court in banc as in case of exceptions to adjudica- 
 tions. 
 
 § 7. The testimony shall be taken by the stenographer 
 of the court, and filed of record. 
 
 JR.ULE III. 
 Appraisements Under Act of April if, 1851. P. L. , 6ij. 
 
 § 1. All appraisements made under the provisions of 
 the fifth section of the Act of Assembly of April 14th, 1851, 
 and its supplements, and presented to the Orphans' Court 
 for approval, shall be accompanied by a petition by the 
 party asking the approval, in which shall be fully set out 
 the facts and circumstances upon which the right of the 
 party to claim a retention of the property is founded ; and 
 notice of the filing of said appraisement shall be published 
 
148 
 
 twice a week for two weeks in a public newspaper, and 
 twice in the Legal Intelligencer ; and unless exceptions be 
 presented before the second Saturday after the expiration 
 of said notice, the court will then take action upon the 
 said appraisement. 
 
 § 2. Applications under the act of June 4, 1883, P. I/., 
 74, entitled ' ' an act providing the manner in which 
 widows' and childrens' exemption in decedents' estates shall 
 and may be set aside to them in certain cases, ' ' shall be by 
 petition of any party interested, setting forth the facts and 
 circumstances, and the right and title by which such ex- 
 emption is claimed, with a schedule of the property selected 
 to be appraised and set apart, and a prayer for the appoint- 
 ment of two appraisers to appraise and set aside the prop- 
 erty so selected. Upon the return of said appraisement, 
 notice of the presentation and filing of said petition, return 
 and appraisement, shall be given in the same manner as 
 now provided, in the case of appraisements under the act 
 of April 14, 1851, and its supplements. And unless ex- 
 ceptions be filed before the second Saturday after the 
 expiration of said notice, the court will then take action 
 upon said appraisement 
 
 RULE IV, 
 Attorneys. 
 
 § 1. The rules with regard to the board of examiners, 
 the registry of students and the admission of attorneys, 
 shall be. those adopted by the courts of common pleas of 
 Philadelphia county. 
 
 § 2. Every attorney when employed by any party in- 
 terested shall have his name marked of record, by the 
 clerk, in the proceeding with reference to which he has 
 been so employed. And so long as the name of any 
 attorney remains on the record, he shall be considered as 
 
149 
 
 the attorney of the party for whom he is so marked, and 
 liable to be served with such notices as may properly be 
 served on him as attorney in such proceeding. And the 
 name of such attorney shall not be stricken from the 
 record in such proceeding unless upon motion by leave of 
 court. 
 
 § 3. No attorney of this or any court shall become 
 surety in any bond given in any proceeding pending in 
 this court, except by special leave of the court. 
 
 § 4. A member of the bar who shall be convicted of 
 an immoral or criminal offence in a criminal court of this 
 or any other state, upon which conviction, judgment has 
 been rendered, or who, by concealment or escape, evades 
 the imposition of such judgment, shall not be permitted to 
 practice in this court ; and any member of the bar who 
 has been suspended or prohibited from practicing in any of 
 the . -courts of this state shall not be permitted to practice 
 in this court while such suspension or prohibition con- 
 tinues. 
 
 § 5. Every attorney, now or hereafter to be admitted 
 to practice in this court, who has not an established office 
 for the conduct of his practice within the county, shall 
 register in the office of the clerk, in a roll to be kept for 
 that purpose, his name and the address of an office within 
 the county, or a post-office address. And such office' shall 
 be deemed to be the office of such attorney, and a service 
 thereat of all papers, notices and letters, required by law 
 to be served, shall be deemed a personal service upon such 
 attorney. ' If a post-office address only is registered, then, 
 the deposit in the post-office at Philadelphia of a registered 
 letter directed to the registered post-office address, shall be 
 deemed equivalent to a personal service. In default of 
 the registration, as herein provided for, a deposit with the 
 clerk, of any paper, notice or letter, as aforesaid, shall be 
 deemed equivalent to a personal service. 
 
i5o 
 
 RULE V. 
 
 Discharge of Executors, Administrators, Guardians and 
 
 Trustees. 
 
 § i. All applications for the discharge of executors-, 
 administrators, guardians and trustees, shall state that the 
 partial or final account, as the case may be, of such execu. 
 tor, administrator, guardian or trustee, has been adjudica- 
 ted and confirmed absolutely ; that the entire estate has 
 been paid and transferred to the parties entitled thereto, 
 or to the successor in the trust, if any ; and that no 
 other moneys or property in the estate has been received 
 by them, since the filing and adjudication of the account. 
 Accompanying all such applications shall be the agreement 
 in writing of all parties interested in the estate, or the 
 successor in the trust, verified by affidavit, consenting that 
 such application for discharge be granted by the court. 
 And in the- case of administrators, guardians and trustees, 
 such agreement shall also be signed by the surety or sure- 
 ties. 
 
 § 2. Where a discharge is asked for by a guardian 
 during the minority of his ward, a petition must be pre- 
 sented setting forth the grounds of the application, and 
 asking for the appointment of a suitable person to appear 
 and act for such ward in the settlement of the guardian's 
 account, and notice of the application must be given to 
 ward, if over fourteen years of age, or if under that age, 
 to the next of kin of full age. 
 
 § 3. Such petition must be accompanied by the ac- 
 count of the guardian, which if proper grounds for a dis- 
 charge are shown by the petition, shall be placed upon 
 the next audit list. Upon the settlement and confirmation 
 of such account, and the surrender and payment of the 
 balance shown thereby to a subsequent guardian, or to 
 such other person as the court shall appoint to receive the 
 estate, such discharge may be granted. 
 
i5i 
 RULE VI. 
 
 Depository of the Court. 
 
 § i. The "Pennsylvania Company' for Insurance on 
 Lives and Granting Annuities ' ' shall be the depository of 
 this court. 
 
 All moneys which heretofore have been or shall here- 
 after be directed to be paid into court, shall, upon the 
 receipt thereof by the clerk, be immediately deposited by 
 him with the said company to the credit of the court in 
 the particular estate or proceeding to which they may 
 respectively belong ; and the said company shall keep a 
 separate account of each of said payments, designating the 
 same by the name of said estate or proceeding. / 
 
 No money shall be paid out of court by said company, 
 except on the checks of the clerk accompanied by a certi- 
 ficate, endorsed on said checks under the hand of the clerk 
 and the seal of the court, that the money was ordered to be 
 paid, and countersigned by one of the judges of this 
 court. . 
 
 Whenever ordered by the court, and on the last day of 
 March, June, September and December of each year, the 
 clerk shall have his bank or deposit book settled in said 
 company, and shall, whenever ordered by the court, and 
 on the first Monday of January, April^ July and October, 
 make and present to the court an account of the moneys 
 paid into and out of court during the preceding three 
 months, and exhibit his deposit book as a voucher for the 
 correctness of said account. 
 
 RULE VII. 
 
 Evidence. 
 
 % i. The rules of the courts of common pleas of the 
 county of Philadelphia, with regard to the depositions of 
 witnesses and the . commissions for taking testimony are 
 
152 
 
 adopted by this court, so far as concerns the taking of 
 depositions to be used before an auditing judge. 
 
 § 2. Subpoenas for witnesses residing in the city of 
 Philadelphia, shall be taken at least five days before the 
 day assigned for the audit of any account in which their 
 attendance shall be required. But this rule shall not 
 dispense with the obligation to take the deposition of any 
 such witness, where the parties requiring his attendance 
 know previously to that period that such witness intends 
 to be absent from the jurisdiction at the time of the audit. 
 
 RULE VIII. 
 
 Guardians and Trustees. 
 
 § i. Petitions for the appointment of guardians shall 
 set forth the date of birth or age, as near as may be, and 
 present place of residence of the minor, and shall be accom- 
 panied with statements, on oath or affirmation, of the 
 amount of personal property and rents of real estate which 
 may probably come into the guardian's hands, and an af- 
 fidavit by some person known to the court, personally or 
 by character, stating that the person recommended is of 
 respectability and property, to whom such a trust can safely 
 be entrusted, or to that effect, and that such person is 
 neither executor nor administrator of any estate in which 
 the minor has an interest 4 . 
 
 4. The sixth section of act of March 29, 1832, P. L., 5, provides that 
 "No executor or administrator shall be admitted or appointed by the 
 Orphans' Courf, guardian of a minor having an interest in the estate 
 under the care of such executor or administrator : Provided, that 
 nothing herein contained shall be construed to extend to the case of a 
 testamentary guardian." The reason of this act of assembly may be 
 found in the case of Sensemari sAppeal, 21 Pa. St., 331 (Lewis, J., 1853). 
 
 It is not necessary that the lands devised to the minor should be 
 under the care of the executor in order to disqualify him. The fact that the 
 minor is interested in the estate and that he is executor of the will of 
 the person from whom the estate is derived is sufficient to disqualify. 
 
153 
 
 § 2. When the clerk of the court or other person shall 
 be appointed guardian ad litem it shall be his duty to rep- 
 resent the interests of his wards, before the court, master 
 or auditor, and upon cause shown he may employ counsel, 
 whose compensation shall be fixed and paid as the court, 
 may direct. 
 
 § 3. In every case where the amount of security re* 
 quired to be given by a trustee or guardian shall be two- 
 thousand ($2,000) dollars, or in excess thereof, the security 
 or securities shall be approved by the court ; but when 
 less than that amount, they may be approved by the clerk,,, 
 in pursuance of an order of the court previously made. 
 
 § 4. When any corporation shall hereafter be appointed 
 trustee or guardian by this court, it shall be upon con- 
 dition that such corporation shall not invest any of trust 
 funds in coupon bonds or other securities that pass by de- 
 livery. 
 
 Every such corporation shall be required to invest all 
 trust funds, in its name as trustee or guardian, as the case 
 may be, and keep the same separate and apart from its own 
 funds. 
 
 § 5. No certificate of the appointment of any guardian 
 or trustee shall be given by the clerk of the court without 
 security (if required) having been first entered. 
 
 And that the executor has settled his account makes no difference. 
 Sensematis Appeal, 21 Pa., 331 (supra). 
 
 But where the property of the minor is derived from another source, 
 the fact that the proposed guardian is executor of its mother's will and 
 its testamentary trustee will not qualify him where the only fund likely 
 to come into his possession is a pension from the government. 
 Westcott's Estate, 2 W. N. C, 652 (O. C, June 24, 1876). 
 
 The court will not appoint an executor, guardian of the person of a 
 minor if he be executor of an estate in which the minor is interested ; 
 even though there be a guardian of the estate of the minor. Estate of 
 Hume Minors, 11 W. N. C, i23.(Hanna, P. J., January 9, 1882). 
 
154 
 
 RULE IX. 
 Order of Business, Terms of Court. 
 
 § i. There shall be four terms in each year, beginning 
 respectively on the first Mondays of January, April, July 
 and October. 
 
 § 2. During two weeks of each month, except August- 
 and September, beginning on the first Monday of each 
 month, accounts filed in the register's office and in the 
 Orphan's Court (other than triennial accounts of guardians) 
 will be audited, settled and adjusted, and distribution de- 
 creed of the balances ascertained to be in the hands of the 
 accountants in the several courts, Nos. i, 2, 3 and 4. 
 
 § 3. Upon the presentation to the court for confirma- 
 tion of the accounts advertised by the register of wills and 
 •of those filed in this court, the clerk shall divide the same 
 into four lists, as nearly equal as may be, numbered 1, 2, 3" 
 and 4, and shall post duplicates of said lists in the court 
 rooms and in his office, together with a notice that said 
 lists will be called in the courts correspondingly numbered 
 upon the first Monday of the next month, except in the 
 months of August and September, and that said accounts 
 will be called in the order in which they come on the lists, 
 on such days as are indicated in the "Arrangement of 
 Business; " but the court may adjourn or postpone an au- 
 dit when, in the opinion of the auditing judge, it is neces- 
 sary. 
 
 It shall be the duty of the clerk to give notice of the 
 hearing of the audit lists, provided by this rule, by adver- 
 tisement, once in the Legal Intelligencer, once in the 
 Weekly Notes of Cases, and twice in two daily papers, and 
 for such advertisements he shall be allowed the sum of 
 three dollars and fifty cents on each account. 5 
 
 § 4. When an account is called for audit, there shall 
 be handed to the auditing judge, to be annexed to the 
 
 5. See act 18, March, 1875, P. I,. 29. 
 
155 
 
 adjudication, a statement or petition, verified by affidavit, 
 setting forth the date of decedent's death, the names and 
 relationship of the persons who claim a share in the dis- 
 tribution, and the manner in which their interest arises. 
 When such claimants are minors, such statement shall 
 contain the names of their guardians and by whom ap- 
 pointed. Such statement or petition shall also set forth 
 in all cases in which there is a will, that the decedent did 
 or did not marry after the date of the will, and that there 
 were or were not children born after that period. In guar- 
 dians' accounts, the statement shall set forth when the ward 
 became of age, and that he or she had received notice of the 
 time appointed for the audit of the account. 
 
 § 5. Upon the audit of all accounts where the balances 
 consist of cash or securities, which are in whole or in part, 
 to remain in the hands of the accountant as 'the subjects 
 for further accounting or as continuing- trustees, it shall 
 be the duty of the accountants to submit to the auditing 
 judge or auditor, as the case" may be, the evidence showing 
 the existence and present holding of the cash, and securi- 
 ties composing the balance in the hands of the accountants 
 by the production of the bank book pr statements from the 
 officers of the bank, wherein such cash is alleged to be kept, 
 or the bonds, mortgages, certificates of stock, or other papers 
 showing the part of the balance which may be in securi- 
 ties, or by any other proof which may be deemed necessary 
 or sufficient, and the fact that such production of the neces- 
 sary proofs and vouchers has "been made, shall appear of 
 record in the adjudication of such accounts or in the re- 
 port of the auditor. 
 
 § 6. In all cases where accountants shall be charged in 
 the accounts filed with the amount of inventory and 
 appraisement, a copy of such inventory as filed shall be 
 exhibited and produced to the auditing judge at the 
 audit of the account. 
 
156 
 
 § 7- Credits claimed for payment of collateral inheri- 
 tance tax must be vouched by the receipt of the register 
 of wills, countersigned by the Auditor General. e 
 
 § 8. No account of any guardian will be audited or 
 confirmed unless it shall appear to the satisfaction of the 
 court, that the ward, if of full age, of some disinterested 
 friend, if in his or her minority, has had notice that such 
 account will be called for audit on the day fixed by the 
 court. 
 
 § 9 . After a judge of the court shall have filed in the 
 office of the clerk his adjudication, showing the adjustment 
 and settlement of an account, and a decree of distribution 
 when necessary, any parties excepting to the same, must 
 file their exceptions with the clerk and furnish a copy of 
 the same to the judge who audited the account, at any time 
 on or before the third Saturday following. 7 The argu- 
 ment upon such exceptions will be 'heard by the court, 
 when sitting to hear cases on the argument list. If the 
 exceptions are not filed within the time limited, the adju- 
 dication will become absolute. 
 
 § io. Except during vacation the court will sit at io 
 o'clock, A. M., on Saturday of each week to dispose of 
 the current motion list and to receive applications for 
 admission to the bar. 
 
 § ii. The court will not hear any application on 
 Saturday unless the clerk shall have been previously fur- 
 nished with a memorandum of such application, contain- 
 ing the nature of the application and the name of the 
 
 6. See act 6, May, 1844, sec. 3, P. L. 565. 
 
 7. "Exceptions in the orphans' court are, in effect, assignments of 
 error, and should indicate with equal exactness the precise grounds 
 upon which they are based." Teaf's Est., 7 C C Rep., 463 
 (Penrose, J., Dec, 28, 1889). 
 
 Where no objection is made at the audit, but an objection is filed after 
 the adjudication, the court will not be likely to consider it. Young's 
 Est., 7 C. C. Rep., 287 (Hanna, P. J., Oct. 26, 1889). 
 
157 
 
 counsel presenting the same. Such applications will be 
 called by the court in the order in which they shall have 
 been received by the clerk, and no other business will be 
 attended to until all such applications shall have had an 
 opportunity of being heard. 
 
 § 12. No motion will be entered on the Current Motion 
 List after half-past nine o'clock, A. M., of the day, on 
 which the list is to be called. 
 
 § 13. The argument list will be heard by the court in 
 banc during the week beginning with the third Monday of 
 each month, except July, August and September. 
 
 § 14. No case will be placed on the argument list with- 
 in five days of calling that list, without a special order of 
 the court. 
 
 § 15. In cases of exceptions in adjudications, the paper 
 book must contain : 
 
 First — The statement of facts as set forth by the auditing 
 judge, his ruling thereon, and the essential parts of his 
 reasoning in support of such ruling ; 
 
 Second — The exceptions ; 
 
 Third — The facts as alleged by the exceptant : 
 
 Fourth — A brief of the authorities relied upon in support 
 of the exceptions. 
 
 § 16. The argument list will be called .at least three 
 times. Cases will be heard as they are reached, unless the 
 absence of counsel is occasioned by an actual engagement 
 in another court, or unless, by agreement of both sides, 
 they be permitted to go to a subsequent call. When a 
 cause is reached on the last call, if either counsel be pres- 
 ent and require it, in the absence of the other, the same 
 shall be heard ex parte, and disposed of finally. All causes 
 not answered to on the last call shall be stricken from the 
 list, and not again placed thereon by the clerk, without 
 the written order of counsel. 
 
ifi8 
 
 Exceptions to adjudications, auditors', masters' or ex- 
 aminers' reports shall be placed by the clerk, as of course, 
 on the argument list next succeeding the expiration of 
 the time allowed for filing such exceptions. 
 
 § 17. Auditors, Agreements to confirm Accounts, etc. 
 
 a. — Parties in interest desiring the appointment of an 
 auditor must all unite in a written request to the court, 
 signed by themselves or their attorneys. The application 
 must be accompanied by sufficient affidavits that the appli- 
 cants are all the parties in interest, and that the signatures 
 appended are genuine. 
 
 b. — Auditors shall be members of the bar, who have 
 been admitted to practice in this court at least two years. 
 
 c. — Public notice shall be given by auditors of their ap- 
 pointment by advertisement made twice successively in 
 the Legal Intelligencer \ and also every other day five times 
 in one daily paper in this city. They shall state in such 
 notice that their appointment was made by the court at the 
 request of all parties interested in the estate. 
 
 d. — Every auditor shall make report within sixty days 
 after his appointment, unless, upon application made, the 
 court enlarge the time ; and in default thereof, his appoint- 
 ment may be vacated, and nothing allowed him for expense 
 or trouble in relation to the same. 
 
 e. — Auditors or examiners or masters shall not retain 
 their reports as security for their . compensation, but when 
 the compensation is allowed by the court, they shall be en- 
 titled to an attachment for the amount against the party 
 who is ordered to pay the same, if upon notice thereof he 
 does not pay within the time prescribed by the court. 
 
 f. — Any party dissatisfied with the compensation claimed 
 by any auditor, examiner or master, shall have the right 
 to require such auditor, examiner or master, to file his 
 report before payment of such compensation, in order that 
 the same may be taxed by the court. 
 
159 
 
 g. — In all cases in which auditors or examiners or 
 masters shall be appointed, it shall be the duty of every 
 such officer to submit the question of the amount of his 
 compensation to counsel who appear before him represent- 
 ing persons or parties who are liable to pay the costs of the 
 proceeding, or the costs of the settlement of the estate, or 
 of the distribution of the fund thus referred. And said 
 counsel shall designate the sum which in his or their judg- 
 ment ought to be paid for the services performed, before any 
 amount shall be named or charge made by such auditor or 
 examiner. If the amount of compensation suggested by 
 counsel be not satisfactory to such officer, he shall make a 
 report thereof to the court, and such charge may be sup- 
 ported by any statement or argument which he may choose 
 to submit in justification of his claim to compensation. 
 He shall, also, if requested, set forth the exceptions which 
 have been made thereto. Such report may be interlocu- 
 tory, and submitted at any time after the services have been 
 performed . 
 
 h. — No exception to the report of an auditor will be re- 
 ceived, uuless the party excepting has filed the same with 
 the auditor by whom the report had been made, whose 
 duty it shall be on such exceptions being filed, to re- 
 examine the subject and amend his report if, in his opinion, 
 such exceptions are in whole or in part well founded. And 
 in order to give all parties in interest an opportunity of 
 entering such exceptions, no auditor shall file his report 
 until ten days after he has notified the parties of his in- 
 tention so to do on a day designated, and giving them 
 an opportunity of having access to such report. And 
 it is further ordered, that on the hearing of the question 
 of confirming or setting aside any auditor's report, the 
 party excepting thereto shall be confined to the excep- 
 tions made by him before the auditor according to the pre- 
 vious requisition of this rule, reserving to the court, how- 
 
i6o 
 
 ever, the power of committing the report again should 
 justice require it. 8 
 
 i. — All reports of auditors shall be filed on Saturday, and 
 every such report, unless in case of exceptions filed as pro- 
 vided by the foregoing rule, shall be confirmed on the 
 second Saturday succeeding that on which the said report 
 shall have been filed. 
 
 j, — In all agreements filed for the purpose of obtaining 
 the confirmation by the court of an account of an executor 
 or administrator, it must be shown by sufficient affidavits : 
 
 At, that the debts of the decedent have been fully paid. 
 
 2d, that the parties to the agreement are all the parties 
 interested in the estate, and are of full age and under no 
 legal disability. 
 
 3d, in what manner the parties to the agreement have 
 derived their interest in the estate. 
 
 In case of an administrator's account, his securities 
 must, in writing, assent to the confirmation. 
 
 k. — It shall be the duty of the clerk to notify auditors, 
 masters and examiners of their appointment immediately 
 after the same shall have been made by the court. 
 
 /. — Auditors and masters and examiners appointed by 
 this court may at any time, with the leave of the court, 
 require security for the payment of their and the clerk's 
 costs, and may decline to proceed further until such secur- 
 ity be entered. No report of an auditor or master and 
 examiner shall be confirmed absolutely until all the 
 costs of the reference, including the costs of the auditor, 
 or master and examiner be paid. 
 
 Paper Books. See Order of Business, Rule IX. , Sec . 15. 
 
 Partition. See Petitions, &c. , Rule X, Sec. 5. 
 
 8. The court may allow exception to be filed after the time fixed by 
 the rule. Riegel's Est., 133 Pa. St., 38 (Per Curiam, March 3, 1S90); 
 Bartolet's Appeal, 1 Pa. S. C. Cases, 77 (Per Curiam, March 29, 1890). 
 
i6i 
 
 RULE X. 
 
 Petitions, Pleadings, Practice, &c. 
 
 % i. All applications to the court shall be by petition, 
 verified by affidavit, setting forth the facts necessary to 
 give the court jurisdiction, the specific ground of the ap- 
 plication or cause of complaint, and the relief prayed for. 
 
 § i# . If the defendant shall not appear in obedience to the 
 requisition of the citation, it shall be lawful for the court, 
 at any time after the return day, upon proof by affidavit, 
 setting forth the time and manner of service, and after 
 the expiration of ten days from the date of such service, 
 to order the petitition upon which the citation was 
 awarded to be taken as confessed, and to make such 
 further order or decree thereon as may be just and neces- 
 sary, according to the acts of assembly in such case 
 made and provided. 9 
 
 §2. The mode of proceeding in . controverted cases 
 shall be by petition, answer, replication, &c. , and the 
 rules of equity practice adopted by the supreme court 
 •of Pennsylvania, May 27th, 1865, so far as they are ap- 
 plicable to the practice and proceedings of this court, 
 subject to the provisions of the acts of assembly regu- 
 lating such proceedings and practice; but petitions and 
 ■other pleadings shall not be required to be printed, ex- 
 cept in case of petitions for injunctions, and petitions for 
 
 9. The latter portion of this rule was adopted because of the uncer- 
 tainty of the practice as to whether the citation must be served ten days 
 "before the return day, or not. Palmer's Est., 19 W- N. C, 39 (Penrose, 
 J., Dec. 31, 1886); see also id. 40. 
 
 10. " The adoption of the rules of equity practice was not intended 
 to work a radical change in orphans' court proceedings, so that suitors 
 and respondents should be burdened with heavy costs and expenses, 
 but simply to introduce the most expeditious features of the system as 
 now practiced in the courts, having statutory equity jurisdiction. And 
 in the rule it is expressly declared that the equity rules are adopted 
 
1 62 
 
 § 3. Petitions for the sale or mortgaging of real estate 
 of a decedent for the payment of debts, shall set forth 
 the date of his death, the name of his personal repre- 
 sentative, and of the persons interested in his estate, 
 under his will or under the intestate laws, as the case 
 may be, stating such as are married women, minors or 
 lunatics, with the names of husbands, guardians or . com- 
 mittees. 11 Such petitions shall also set forth a descrip- 
 tion of all real estate of which the decedent died seized, 
 a copy of the inventory of personal property filed in the 
 register's office, and a list of the debts of the decedent, 
 and shall be accompanied by a certificate from the board 
 of revision of taxes, of the official valuation of the real 
 estate proposed to be sold. 
 
 § 4. Petitions for the sale of real estate in other cases, 
 shall set forth all necessary facts with names of parties in 
 interest, &c. , &c. , as in preceding section, and shall be ac- 
 companied by the certificate of the board of revision of 
 the valuation of the real estate asked to be sold, and by 
 affidavits of competent persons acquainted with the value 
 of real estate in the particular locality. Where the value of 
 the interest asked to be sold exceeds $1000, the petition 
 may be referred by the court to a competent person to ex- 
 amine it, and report upon the propriety of granting the 
 same. 
 
 § 5. Petitions for partition shall conclude with a 
 
 only ' so far as they are applicable to the practice and proceedings in 
 this court.' " Drum's Est., No. 2, 13 W. N. C, 164 (Hanna, P. J., Dec 
 30, 1882). Cost of printing petition for discharge of executor, not 
 allowed. Drum's Estate (supra). 
 
 n. The act of Assembly (29, March 1854, sec. 54), does not require 
 personal notice to be given to the heirs (even if minors) of proceed- 
 ings to sell real estate, to pay debts, •' but as a precautionary measure 
 we entirely approve of the rules of the Orphans' court of Allegheny 
 county, which require personal notice to be given of the application 
 and sale" to the widow and heirs. Wall's Appeal, 31 Pa. St., 62 (Knox, 
 J., 1857). 
 
1 63 
 
 prayer for a citation to the parties in interest (whose 
 names, and the nature and extent of their respective inter- 
 ests must be fully set forth in the petition), to show cause 
 why an inquest in partition should not be granted as 
 prayed for. 
 
 Decrees for the sale of real estate in partition shall in all 
 cases be subject to the provisions of the Act of Assembly 
 of March 29, 1833, section 43, relative to the share of the 
 widow, if there be one taking under the intestate law ; and 
 the order of sale shall set forth, in accordance with said act, 
 that "the share of the widow, and the interest thereof 
 shall be annually and regularly paid to her by the pur- 
 chaser, his heirs and assigns holding the premises, to be 
 recovered by distress or otherwise as rents are recoverable 
 in this commonwealth, which the said widow shall accept 
 in full satisfaction of her dower in said premises ; and at 
 her decease, her share of the purchase money shall be paid 
 to the persons legally entitled thereto ; " and it shall be the 
 duty of the clerk to see that this rule is complied with. 
 
 § 6. Where the matters which are the subject of an ad- 
 judication or of an auditor's report, are so separate and 
 distinct that an exception to any of them; whether sus- 
 tained of dismissed, cannot affect the others, and the 
 accountant cannot be prejudiced by complying with the 
 decree relating to the latter, the confirmation of such adju- 
 dication shall not be suspended, except to the extent that 
 it may be excepted to, and distribution shall proceed as to 
 all other matters, and the usual process to enforce it may 
 issue. 
 
 § 7. Where an accountant is the exceptant, and in such 
 other cases as the court may direct, the exceptions must be 
 accompanied by an affidavit that they are not intended for 
 delay. 
 
 § 8. All applications to enforce a decree or adjudicar- 
 tion for the payment of costs or any other sum of money, 
 
164 
 
 or for the delivery of any goods, chattels, or other prop- 
 erty of an estate, by an executor, administrator, guardian 
 or trustee, shall be by petition of the person or persons en- 
 titled to the same, briefly setting forth the facts upon which 
 such application is based. If the same be satisfactory to 
 the court, a peremptory order to pay or transfer, assign or 
 deliver, as the case may be, will be granted ; a certified 
 copy of which must be served personally upon the respon- 
 dent, at least ten days prior to the day named in the order. 
 And if the order of the court be not complied with on or 
 before the day so named, upon proof of personal service of 
 the order, an attachment will be awarded. 12 
 
 § 9. In all ex parte proceedings the decree or order 
 asked for shall be prepared by counsel and submitted with 
 the petition. 
 
 § 10. Applications under act of May 14, 1874, for the 
 sale of decedent's real estate, shall be upon joint petition 
 of the widow and heirs, and the guardians or committees 
 of such as'are minors, or under disabilities, in whom the 
 real estate shall have vested, setting forth the description 
 of the property, the desire to have the same sold, and its 
 estimated value duly sworn to, together with the affidavit 
 of two disinterested persons familiar with the value of real 
 estate in the locality, that the real estate proposed 
 to be sold is not worth more than one thousand ($i,ooo) 
 dollars, accompanied with a certificate from the board 
 of revision of the valuation thereof. And the ex- 
 ecutor, administrator, or trustee appointed for the 
 purpose, shall make sale, and proceed in all respects 
 as now required for the advertisement, return and confir- 
 mation, and accounting for the proceeds of sale and distri- 
 bution in cases of sales of real estate for the payment of 
 debts of a decedent. 
 
 § 11. In every case in which a petition or application 
 
 12. As to satisfaction of decrees, see Rule XII. 
 
i65 
 
 shall be made to the court, upon which a citation or a rule 
 shall be awarded, a copy of the petition or application shall 
 be served with the citation or rule, on the party or parties 
 against, or upon whom an order or decree is asked, and 
 proof of the service of such copy shall be made upon the 
 return of the citation or rule. 
 
 A copy of the answer, demurrer or replication filed in 
 the cause shall also be served upon the counsel of the 
 opposite party. 
 
 Provided, however, that the court in granting the cita- 
 tion, or rule, may, upon proper cause being shown, dispense 
 both with the service of the petition or application upon 
 which the same is awarded. 
 
 § 12. Petitions for the sale of decedent's real estate at 
 private sale for the payment of debts, as authorized by the 
 Act of May 9, 1889, P. h. 182, shall set forth the date of 
 his death, the name of his personal representative, and of 
 the persons interested in his estate under his will, or under 
 the intestate law, as the case may be, stating such as are 
 married women, minors,, or lunatics, with the names of the 
 husbands, guardians, or committees. Such petition shall 
 also set forth a description of all the real estate the dece- 
 dent died seized of, a copy, of the inventory of personal 
 property filed in the register's office, a copy of the will, 
 if any, a list of the debts of the decedent ; and shall be ac- 
 companied by a certificate from the board of revision of 
 taxes of the official valuation of the real estate proposed 
 to be sold, and affidavits of at least two competent and dis- 
 interested persons acquainted with the value of real estate 
 in the particular locality, that the price offered for the real 
 estate or undivided interest therein is a full and fair price 
 and better than can be obtained at public sale. 
 
 § 13. Such petition shall be filed with the clerk of the 
 court, and notice of the filing thereof shall be given by 
 personal service upon the widow, if any, of the decedent, 
 
1 66 
 
 and his children, if of full age, and upon their guardians 
 if minors, when resident within the county, at least ten 
 days prior to the day the court will act upon said petition. 
 If said parties reside out of the jurisdiction of the court, 
 said notice may be served by mail addressed to their last 
 known abode. Further notice of the filing of said petition 
 shall be published by the petitioner twice a week for two 
 weeks in a daily newspaper of this county, and once a 
 week for two weeks in the Legal Intelligencer; and unless 
 exceptions to the granting of said petition, or objection to 
 the proposed sale, be filed with the clerk before th'e second 
 Saturday after the expiration of said notice, the court will 
 then take action upon said petition, at which time due 
 proof shall be presented of the service of notice and publi- 
 cation thereof, as above required. Where the value of the 
 real estate, or any interest therein, exceeds one thousand 
 ($1,000) dollars, the petition may be referred by the court 
 to a competent person to examine the facts of the case and 
 report upon the propriety of granting the prayer thereof. 
 
 § 14. The form of the notice to be given, as directed by 
 the preceding section, shall be as follows : 
 
 In the Orphans' court of Philadelphia county. In the 
 matter of the Estate of , deceased. 
 
 To the heirs,, legatees, creditors, and other persons in- 
 terested in said estate: 
 
 Notice is hereby given that , Executor (or 
 
 Administrator as the case may be), has filed in the office of 
 the clerk of the court his (or their) petition, praying for 
 an order of sale of the real estate of said decedent de- 
 scribed in said petition at private sale for payment of debts. 
 If no exceptions be filed thereto or objections made to 
 granting the same, the court will take action upon said 
 petition upon Saturday, . A. D. 18 . 
 
 [Signed] A. B., 
 
 Attorney for petitioner. 
 
167 
 RULE XI. 
 
 Publication of Notices. 
 
 The Legal Intelligencer will be the weekly newspaper 
 for the publication of notices, under the act of April 5, 
 1855, including public sales of real estate, such advertise- 
 ment to consist of a concise and intelligible abstract in ac- 
 cordance with said act as in the case of sheriff's sales: 
 Provided the charge for such publication shall not be 
 greater than the usual rates charged by such newspaper.' 
 
 RULE XII. 
 
 Satisfaction of Decrees. 
 
 Acknowledgment of satisfaction of all sums of money, 
 or property ordered to be paid or transferred by any decree 
 of the court, may be made on the docket in . the manner 
 practiced in the courts of common law to be attested by 
 the clerk or a deputy. . And any officer or party distribut- 
 ing or paying out money or other property, may at the 
 time thereof, or at any time thereafter, require such sat- 
 isfaction to be entei ed by the party in person or his attor- 
 ney, or upon a written authority by him to the clerk of the 
 court. 
 
 RULE XIII. 
 
 Sureties. 
 
 All applications for approval of sureties shall be accom- 
 • panied by an affidavit of the party or parties offered as se- 
 curity, setting forth— 
 
 I. His, or their, name, residence and occupation. 
 
 II. The location of real estate owned by him or them, 
 or so much as may be sufficient, and a memorandum of the 
 record thereof. 
 
 III. That the title thereto is in his or their name. 
 
i68 
 
 IV. The nature and amount of incumbrance, if any, 
 upon the real estate, 
 
 V. The assessed value of the real estate described. 
 Said affidavit shall be filed with the clerk of the court. 
 
 RULE XIV. 
 
 Stenographer. 
 
 The official stenographer shall attend the hearings of 
 contested wills and administrations held by the register of 
 wills, and ■ take the testimony produced in such cases. 
 Upon appeal by either party from the decision of the re- 
 gister, the testimony thus taken, including copies of all 
 exhibits admitted in evidence, shall, upon being duly cer- 
 tified by the register, be transmitted with the record to 
 the Orphans' Court, and be used in all subsequent proceed- 
 ings before said court ; Provided, that after such appeal 
 the parties thereto shall not be precluded from taking ad- 
 ditional testimony, as heretofore, before an examiner 
 appointed by the court. 
 
RULES OF QUARTER SESSIONS. 
 
 Assignment of Judges. 
 
 The courts of common pleas of the county of Philadel- 
 phia in the month of December of every year shall detail 
 the judges who are to hold 1 the courts of oyer and termi- 
 ner and quarter sessions of the peace for the ensuing year. 
 In case of the inability of any judge assigned to hold the 
 said courts, by reason of sickness, absence, the require- 
 ments of the civil business, or other cause, one of the 
 courts of common pleas shall forthwith detail a judge to 
 supply his place for the time being. 
 
 RULE I. 
 
 Affidavit of Defence — Recognisances. 
 
 § i. In all actions brought, or hereafter to be brought, 
 in this court on forfeited recognizances, in pursuance of the 
 act of Assembly of April 22d, 1846, the plaintiff shall be at 
 liberty to move for judgment in open court at any time 
 after the third Saturday succeeding the first Monday of the 
 term to which the process issued is returnable, unless the 
 defendant, or some person for him or her, shall have pre- 
 viously filed an affidavit of defence, stating therein the 
 nature and character of the same ; Provided, always, no 
 judgment shall be entered by virtue of this rule, unlessthe 
 plaintiff shall have, within two weeks after the return day 
 of the process, filed, a copy of the bail bond returned, or 
 other instrument on which the said action is founded. 
 
 (169) 
 
170 
 
 RULE II. 
 
 Bail. 
 
 § 2. Ih the justification of bail, if freeholders,, they 
 
 will be required to produce their evidence of title, and in 
 
 all cases, reasonable notice of the names and residences of 
 
 bail shall be given to the district attorney. 
 
 RULE III. 
 Bench Warrant. 
 § 3. No bench warrant shall be issued from the court 
 of quarter sessions or oyer and terminer without the 
 special order in writing of the judge. 
 
 RULE IV. 
 Bills of Exceptions. 
 
 § 4. In every case where a bill of exceptions is ten- 
 dered, the same shall be prepared in form, and presented 
 to the judge within ten days after the verdict. 1 
 
 § 5. In every case of a bill of exceptions it shall be the 
 duty of the party presenting the bill, within twenty days 
 thereafter, to have the same settled by the judge, before 
 whom the case was tried, on forty-eight hours notice, with 
 a copy of the bill served on the opposite party ; otherwise 
 the judge shall not be required to seal the same. 2 
 
 RULE V. 
 
 Clerk of the Court. 
 
 § 6. The clerk of the court shall, upon the first day of 
 
 each term, present to the presiding judge of the court the 
 
 docket containing the list of the cases returned to his office 
 
 for the current term, by the several magistrates of the city 
 
 1. See Haines vs. Comm., 99 Pa. St. 410. 
 
 2. The court has authority to make these rules. They cannot be 
 waived by the district attorney. Haines vs. Comm., 99 Pa. St., 410 
 (Sharswood, C. J., Feb. 6, 1882). 
 
171 
 
 and county of Philadelphia, and he shall, by affidavit, say 
 whether the said docket contains a true statement of all 
 the returns made to his office by the magistrates aforesaid. 
 
 § 7. The clerk shall, at the expiration of each three 
 weeks of the term, present to the presiding judge afore- 
 said a list of such cases as shall have been returned into 
 his office for the current term, subsequent to the first day 
 of said term, by the magistrates of the city and county, 
 which statement shall be verified by the affidavit of said 
 clerk, as provided in the foregoing rule . 
 
 § 8. The clerk shall, within two days after a return or 
 returns shall have been received by him, transmit the 
 same to the district attorney's office for the county, and 
 shall immediately thereafter present a list of the returns 
 so transmitted as aforesaid to the court, and in like manner 
 verified by affidavit. 
 
 RULE VI. 
 
 Constables. 
 
 § 9. The constables in the several wards of the city of 
 Philadelphia, in making their monthly returns required by 
 law, shall state what violations, if any, of the law regu- 
 lating the sale of liquor, have been within their bailiwicks ; 
 they shall give the names of all persons whom they have 
 reason to believe are violating the law, and the names of 
 persons known to frequent places where it is believed 
 liquor is being sold in violation of law ; they shall also 
 make returns of such violations in their bailiwicks where 
 it is reputed that violations of the law regulating the sale 
 of liquor are taking place. 
 
 RULE VII. 
 
 Costs. 
 
 I 10. No bill of costs shall be filed without an affidavit 
 of its being just and true. 
 
172 
 
 § ii. The clerk shall tax bills of cost if required, 
 and if the money be paid he shall hold it, if it be stopped 
 for taxation. 
 
 § 12. Either party may have the bill taxed on twenty- 
 four hours notice to the opposite party ; the hour to be 
 fixed for this taxation shall be from two to three o'clock 
 P. M. 
 
 § 13. Three days shall be allowed for appeals from the 
 taxation of bills of cost, which shall be made by filing 
 written exceptions and specifications to the objections, 
 and with an affidavit of the truth of the facts contained 
 in the exceptions not appearing upon the record as afore- 
 said, the costs shall be paid over according to the taxation. 
 
 RULE VIII. 
 
 Election Cases. 
 
 § 14. All petitions in contested cases hereafter filed 
 in this court, shall be assigned to and heard by the judges 
 of this court sitting in the court of common pleas, to 
 which, under the general rules of the several courts of 
 common pleas, the current business of said courts shall 
 at the time be assignable; and the said judges, to whom 
 any petition shall be assigned as above directed, shall have 
 exclusive jurisdiction of all subsequent proceedings in 
 such case. 3 
 
 RULE IX. 
 
 Election Matters. 
 
 § 15. Petitions for the division and rearrangement of 
 election divisions must set forth the whole of the territory 
 intended to be effected, and must be presented on and 
 between the first Monday of March and the first Monday 
 of May in each year; and reports thereon must be made 
 
 3. Paper books in contested election cases shall be printed, sec. 30. 
 
i/3 
 
 in time for the consideration of the judges, who may be 
 designated for that purpose, at the meeting of the board 
 on the first Monday of June. Notice of the filing of such 
 petitions must be given to the city solicitor. 
 
 § 16. Petitions for the correction of the assessors' registry 
 list of voters shall set forth the particular facts which are 
 alleged as breaches of duty by the assessors, and shall be 
 heard in open court on citations or rules to show cause 
 why the lists should not be corrected, of which forty- 
 eight hours notice shall be given to the assessors charged 
 with breach of duty. Such petitions shall be presented in 
 the month of September only. 4 
 
 RULE X. 
 Habeas Corpus. 
 § 17. In all cases of habeas corpus forty-eight hours 
 notice, in writing — stating the case, the crime alleged, and 
 the magistrate by whom the party was committed, of the 
 time of hearing fixed by the court — must be given to the 
 district attorney and the committing magistrate, and to 
 the witnesses examined before the magistrate, the service 
 of which notice must, if required, be proved before the 
 hearing can proceed. 
 
 RULE XI. 
 
 Indictments. 
 § 18. All bills of indictment shall be numbered either 
 at the office of the district attorney or by the grand jury 
 before they are presented to the court. 
 
 RULE XII. 
 Jurors. 
 § 19. The clerk of the court shall take charge of the 
 
 4. See act of 29, May 1891, P. L., 134, as to duties of assessors. 
 Petitions for correction of lists may be presented to judge of common 
 pleas. Section 3 of act 29, May, 1891. 
 
174 
 
 list of jurors for each term of the court. He shall, at the 
 opening of the court each day, call said jurors. He shall 
 certify to the court each day the number of jurors who are 
 present and answer to the call, and also the names of those 
 who may be excused for the term or any day thereof, and 
 also the names of absentees ; when required by the pre- 
 siding judge, these statements shall be verified by affi- 
 davit. When the clerk shall have prepared the list of jurors 
 who have attended during any term of the court, he shall, 
 before he presents the same to the judge for his approval, 
 verify the list by affidavit. 
 
 RULE XIII. 
 Liquor License Applications. 
 
 § 20. All licenses granted shall be for one year from 
 the ist day of June, and shall expire on the ist day of June 
 of the following year, without regard to the date at which 
 the same were issued. 
 
 § 21. Applications for licenses shall be heard on the 
 first Monday of March in every year, and the hearing of 
 such applications shall be continued for such length of 
 time as may be necessary to dispose of them. The clerk 
 of the court shall set down said applications upon a list in 
 the order in which they come to his hands, and said list 
 shall be called in the order in which the applications are 
 there set down. Applicants for and remonstrants against 
 the granting of the license may be heard, if they desire it, 
 by one counsel on each side, but no counsel shall be heard 
 for more than ten minutes. 
 
 § 22. Three judges shall be assigned to hear and de- 
 termine applications for license. 
 
 § 23. All applications for license shall be filed with the 
 clerk of the court three weeks before the first Monday of 
 March, the petitioner paying the clerk the fee required by 
 the 4th section of the act at the time of filing the petition. 
 
i75 
 
 § 24. The clerk of the court shall cause to be published 
 three times in two newspapers, to be designated by the 
 court, a list containing the names of the petitioners, their 
 respective residences, and the place for which application 
 is made. This publication shall be made on the Wednes- 
 day, Thursday, and Friday of the third week before the 
 time fixed for the hearing. 
 
 § 25. All applications for license shall be by petitiott 
 in writing, which petition shall be verified by affidavit, 
 shall contain full statements of the several matters required 
 by the 5th section of the act of 13th of May, 1887, and 
 shall be accompanied by the certificate required by the 
 6th section of that act. All remonstrances or peti- 
 tions against the granting of license shall be in writing, 
 and shall be filed with the clerk before the hearing, but no 
 charge shall be made for such filing. 
 
 § 26. When an application shall be granted by the 
 court, the clerk of the court shall give the applicant a cer- 
 tificate to that effect, directed to the city treasurer, and 
 the applicant shall within fifteen days thereafter pay to the 
 city treasurer the sum of $500 required by the act to be 
 paid, 5 and upon the production and filing with the clerk of 
 the city treasurer's receipt, and after the applicant has 
 given the bond required by the 10th section of the act of 
 May 13, ,1887, the clerk shall issue a license in the follow- 
 ing form, duly attested by the clerk and under the seal of 
 the court, viz. : 
 
 Court of Quarter Sessions op Philadelphia. 
 
 This is to certify that has been duly licensed 
 
 by the Court of Quarter Sessions of Philadelphia County to 
 sell vinous, spirituous, malt or brewed liquors at retail for 
 
 5. Fee is $1,000, by act of 9 June, 1891, P. L. 248. 
 
176 
 
 the space of one year from June ist, A. D. , at (here 
 
 insert the place). 
 
 In witness whereof I have hereunto set my hand and the 
 seal of the said court this day of , A. D. 
 
 [Seal] , Clerk. 
 
 In default of the production and filing with the clerk of 
 the city treasurer's receipt, as aforesaid, within fifteen 
 days after the application has been granted, the clerk shall 
 forthwith mark said application and grant " revoked." 
 
 § 27. All matters relative to licenses to sell liquors, ex- 
 cepting rules to revoke such licenses, shall be referred to 
 and determined by the judges who were assigned to hear 
 applications for licenses prior to March in each year. 
 
 RULE XIV. 
 
 Motions and Arguments — Paper Books. 
 
 § 28. On all arguments on demurrers, reserved points, 
 special verdicts, motions in arrest of judgments, cases stated- 
 for the opinion of the court, rules to show cause why new 
 trials should not be granted, and exceptions, the attorneys 
 for the respective parties shall each deliver a paper book, 
 setting forth the substance of each case, and the points 
 discussed, to each of the judges previous to the argument. 
 
 § 29. In all cases on the motion and argument lists, 
 the party who is entitled to begin shall furnish to each of 
 the judges a paper book containing a full and distinct 
 statement of all facts conducive to a ready apprehension of 
 the matter to be argued. 
 
 § 30. Paper books shall be either written in a plain, 
 legible hand or printed, and endorsed with the names of 
 all the parties, or petitioner, as the case may be, and also 
 the names of the counsel furnishing the paper book. 
 Where the paper book is made of a press copy, the same 
 
177 
 
 shall be backed with foolscap paper and the copy trimmed 
 to correspond in size. 
 
 Paper books in contested elections shall in all cases be 
 printed. 
 
 RULE XV. 
 
 New Trials. 
 
 § 31. Unless otherwise ordered by the court, but one 
 counsel will be heard in support of a rule to show cause 
 why a new trial should not be granted. 
 
 § 32. No rule to show cause why a new trial should 
 not be granted will be allowed by the court, unless the 
 judge who tried the cause shall in the first instance enter- 
 tain a motion for such rule ; which motion, if not so en- 
 tertained, shall be at once overruled. 
 
 RULE XVI. 
 
 Payment of Money. 
 
 § 33. All orders for the payment of money, or upon 
 which a warrant for the payment of money shall or can be 
 based, and to be countersigned by a judge, shall be pre- 
 sented to the judge at least twenty-four hours before he 
 shall be expected to sign the same. 
 
 ' § 34. The crier of the court shall, from day to day, 
 note the name of each case presented for trial, together 
 with the name or names of the witnesses examined for the 
 commonwealth and defence, and shall keep said list in his 
 exclusive possession, subject to the inspection of the court 
 alone, and when required shall verify the same by affidavit. 
 Certificates for the payment of witness fees shall be handed 
 by the clerk to the crier, who shall certify that such wit- 
 nesses were called and examined in the cause. 
 
178 
 
 RULE XVII. 
 
 Records. 
 
 § 35. The clerk of the court shall deposit in a fire- 
 proof provided for that purpose, all bills of indictment 
 acted upon by the grand jury of the county ; for the pres- 
 ent, and until otherwise ordered, the key of said fire-proof 
 shall be and remain in the exclusive possession of the 
 deputy clerk, in daily attendance upon the court ; the said 
 deputy shall be held accountable for the safe-keeping of 
 every bill of indictment found or ignored by the grand 
 jury, and in the event of the loss or destruction of any bill 
 of indictment so found or ignored as aforesaid, by reason 
 of the wilful or negligent conduct of the deputy, he shall 
 be ipso facto in contempt, and shall be punished as pro-, 
 vided by law at the discretion of the court. 
 
 § 36. No record of the court shall, on any account 
 whatever, be removed from the office of the clerk, except 
 by special order of one of the judges of the court, but the 
 clerk shall, at all reasonable times, allow copies of said 
 records to be made in the office of said clerk by parties in- 
 terested, or their agents or attorneys. 
 
 RULE XVIII. 
 Road Cases} 
 
 § 37. All petitions in regard to the opening, widening,, 
 or vacating of any roads or streets, or relative to the as- 
 
 6. The above rule, sections 37 to 53, relating to road cases, were 
 adopted by the court after the passage of the act of May 6, 1887, P. L., 
 87, and to carry out its provisions. The act, however, with the excep- 
 tion of the first two sections, has been declared unconstitutional,, 
 and as a consequence much of the above rule has no application* 
 In re Ruan St., 132, Pa. St., 257 (Williams, J., Feb. 17, 1890.) 
 
 The opinion of the supreme court in re plan 166, 28 W. N. C, 406 
 (Mitchell, J., Oct. 5, 1891), holds that the court of quarter sessions has 
 
179 
 
 sessment of damages therefor, (or for changes of grades), 
 shall be assigned consecutively, as they may be filed, to 
 the judges of the court of quarter sessions composing the 
 several courts of common pleas, beginning with court 
 No. i. Notice of the filing of such petitions, and a copy 
 thereof, shall in each case be given to the city solicitor at 
 least one week before the jurors shall be appointed. 
 
 § 38. In such cases, the jurors (and the masters and 
 stenographers, whenever such officers shall be appointed) 
 shall be appointed, and all orders and decrees in the pro- 
 ceedings shall be made by the judges to whom the peti- 
 tions shall have been assigned. 
 
 § 39. In any cases in which, by reason of the proximity 
 of the roads or streets concerned, or for other reasons, it 
 may be of importance that the proceedings should be had 
 before the same judges who shall already have jurisdic- 
 tion over a pending proceeding, it shall be competent for 
 the judges to whom any petition may be assigned, upon 
 motion and proper cause shown, to transfer the same to the 
 judges before whom such prior proceeding shall be in pro- 
 gress. 
 
 § 40. Current motions in road cases shall be heard in 
 connection with like motions in the several courts of com- 
 mon pleas. 
 
 § 41. The clerk of the court shall cause to be made 
 out and delivered to the court clerks of the several courts 
 
 no jurisdiction in change of grade cases, unless the grade which is 
 changed was established prior to the Constitution of 1874, and that the 
 remedy for damages occasioned by a change of grade in the first instance 
 is an action on the case in the courts of common pleas. But see act May 
 16, 1891 (P. L., 75). See Orthodox Street, 49 L. I., 24 (C. P. 4, Arnold, 
 J., January 9, 1892); where it was held, that petitions for damages for 
 change of grade must be filed in the court of common pleas, and for 
 opening or widening in the court of quarter sessions. 
 
i8o 
 
 of common pleas, one week before the beginning of eacb 
 term of the latter, a list of all cases which shall then be 
 ripe for argument upon exceptions or motions to quash, 
 and such lists shall be, published in connection with the 
 lists of the said courts of common pleas. 
 
 § 42. All attorneys engaged for property owners or 
 tenants' in any proceedings shall, at or before the time of 
 their appearing before any jury, file their appearance, 
 together with a statement of their office address and the 
 address of their clients, with the clerk of the court, who 
 shall enter the same on the margin of the docket of the 
 case. 
 
 § 43. Copies of all petitions, motions and exceptions 
 filed in any case shall forthwith, and before they shall be 
 presented to the court, be served by the attorneys or the 
 party filing them, upon the city solicitor, who shall also, 
 in^like manner, serve copies of all such papers filed by him 
 upon the parties who are to be effected thereby, or their 
 counsel. 
 
 § 44. At least ten days notice shall be given to the 
 city solicitor in writing of the time and place fixed for the 
 first meeting of any jury. 
 
 § 45. A written or printed notice of the filing of the 
 petition and of the time and place of the first meeting of 
 the jury shall, in each case, be given by the petitioner at 
 least ten days before such first meeting, to all the regis- 
 tered owners and occupants of ground situated on the 
 line of the street to which the petition relates and between 
 the terminal points mentioned in the petition. The 
 notice may be served either personally or by leaving the 
 same at the residence of the person to be notified with 
 an adult member of his or her family. Service may be 
 made upon a non 7 resident registered owner by registered 
 letter. In case, after diligent inquiry and effort, the 
 
i8i 
 
 registered owne^r cannot be found or served, application 
 may be made to the judges of the court having the juris- 
 diction of the matter under these rules by petitions sup- 
 ported by affidavit setting forth the grounds therefor, 
 for leave to make service by advertisement. Proof of 
 service of such notice and of the manner of making the 
 same upon each and all of the said owners and occupants 
 must be made by affidavit and filed with the jury at their 
 first meeting and be attached to their report. 
 
 § 46. At the first meeting of any jury of view . or of 
 damages, if any of the jurors drawn shall be absent, a 
 copy of the notice served upon such absent jurors shall 
 be produced, verified by the oath or affirmation of the 
 person by whom the same was served, which copy shall 
 be accompanied by proof of the time, place and manner 
 of said service, and the jury shall annex to their report 
 the said copy of notice and affidavit, and in default thereof 
 the report shall not be approved by the court. 
 
 § 47. Juries shall hold as many as two meetings in 
 each week. Their meeting shall be of at least three 
 hours duration at each sitting, and only such jurors as 
 shall have attended during the whole of any meeting shall 
 be entitled to compensation therefor. The master shall 
 in each case attach to the report of the jury a certificate 
 stating the number and the length' of their several meet- 
 ings, and what jurors have been present thereat during 
 the whole session. 
 
 § 48. When juries of view or of damages adjourn from 
 time to time, unless such adjournments and the causes 
 thereof appear on the report, and the said causes are de- 
 creed by the court to be proper, the court shall not certify 
 to any order to pay for more than one meeting. 
 
 § 49. All reports of juries shall be filed within three 
 months after their appointment, unless the time shall be 
 
182 
 
 extended upon motion and cause shown by affidavit which 
 shall set forth the number of meetings already held, and 
 the amount of testimony taken thereat. 
 
 § 50. In any case in which a jury shall, in the first in- 
 stance,determine that properties have been benefitted by the 
 opening, widening or change of grade of any street, and that 
 the owners of such properties shall pay the whole or a part of 
 the damages to be assessed, notice thereof and of the amount 
 of "the estimated benefits, as well as of the time and place 
 when the jury will hear objections, shall be given in the 
 same manner as is provided in the foregoing ninth rule, to 
 all the registered owners and the occupants of the proper- 
 ties regarded by the jury as benefitted, at least ten days 
 previous to the meeting of the jury for the hearing of ob- 
 jections. Proof of service of the said notice and of the 
 manner of making the same upon each owner or occupant 
 as aforesaid shall be made by affidavit, and filed with the 
 jury at such meeting, and be attached to their report. 
 
 § 51. In all cases of the assessment of damages for the 
 opening or widening of streets, the jury shall state in their 
 report whether or not they have considered and embraced 
 in their finding the advantages or disadvantages due to 
 the grade at which the said street is to "be opened or 
 widened according to existing grade regulations. 
 
 § 52. Before any money awarded by a jury shall be 
 payable, the person in whose favor the award shall be 
 made shall exhibit to the city solicitor evidence of his or 
 her title to the ground taken or injured, and searches for 
 ground rents, liens or incumbrances affecting the same, 
 and, in case a defect of such title, or an existing ground 
 rent, or an incumbrance or lien upon the property shall 
 appear, it shall be competent for the city solicitor to move 
 the court, upon a petition setting out such defect, ground 
 rent or lien, to pay the money awarded into court. The 
 
183 
 
 •expense of obtaining such searches shall be taxed as a 
 part of the costs of the proceedings. 
 
 § 53. Any petitioner or other party on whose motion 
 or by whose default a continuance is made necessary, shall 
 be charged by the master with the costs of the meeting, 
 and be so reported to the court, which may relieve against 
 such charge on sufficient ground shown. 
 
 § 54. When an appeal is taken under the provisions of 
 the act of June 13, 1874 (P. h. , 283), the said appeal, "to- 
 gether with the affidavit required to accompany the same, 
 shall be filed in the court of common pleas, the judges of 
 which composed the court of quarter sessions, to which a 
 petition for a jury shall have been assigned under the 
 rules ; and the said court of common pleas shall have ex- 
 clusive jurisdiction of all proceedings upon such appeal. 
 
 RULE XIX. 
 Sheriff. 
 
 § 55. The sheriff of the county of Philadelphia shall 
 return specially to the court, at the expiration of every 
 three weeks of the term, the amount of fines collected by 
 him in every case in which a fine has been imposed by the 
 court ; he shall also state fully in whose possession the 
 fines so collected remain at the date of said return, and 
 when he has been unable to collect any fine imposed as 
 aforesaid, he shall return specially to the court the reason 
 which has prevented him from collecting the said fine or 
 fines so imposed as aforesaid. 
 
 RULE XX. 
 Tipstaves. 
 
 § 56. The officers of the courts of oyer and terminer 
 and quarter sessions shall be appointed for one year, sub- 
 ject to removal at any time for cause. 
 
1 84 
 
 § 57. The tipstaves of said courts, while on duty, shall 
 wear a Uniform suit of dark blue material, and a con- 
 spicuous badge, marked " Officer of the Criminal Court," 
 and shall, during their attendance in the court room, carry 
 a white staff. 
 
 § 58. No tipstaff shall absent himself from the court 
 room during the session of the court without leave of the 
 judge holding the term, except when required to be away 
 in' the discharge of his duty. The crier and assistant crier 
 are charged with the enforcement of this order, and are 
 required to report every case of disobedience in this re- 
 spect immediately to the court. , 
 
 § 59. No tipstaff shall resort to or enter any tavern or 
 other place for the sale of intoxicating liquors between the 
 hours of nine A. M. , and four P. M. , or during the session 
 of the court when extending beyond the latter hour, 
 except to take his meals, or when required in the perform- 
 ance of official service. 
 
 § 60. No tipstaff shall permit any person to converse 
 with any grand or petit juror upon any business upon 
 which the grand or petit juror may be called upon to act. 
 Nor shall any officer hold such conversation himself. 
 
 § 61. No tipstaff shall be permitted to charge or receive 
 any fee or compensation for the performance of his duties, 
 other than the per diem allowance fixed by the court as the 
 compensation of such officers. 
 
 § 62. No tipstaff shall in any case recommend or pro- 
 pose to defendants, the employment of counsel. Nor 
 shall any compensation, pecuniary or otherwise, be taken 
 by such officers from attorneys or parties for any cause 
 whatever connected with the business of the court or the 
 trial of defendants . 
 
 § 63. Any violation of the foregoing orders shall be 
 cause for immediate dismissal from office. 
 
i8 5 ■ 
 
 RULE XXL 
 
 Trial by Jury. 
 
 % 64. Causes shall be tried when they are called, and 
 the engagements of counsel in other courts will not be 
 considered a ground of postponement or delay. 
 
 § 65. After evidence in a cause on trial is closed (ex- 
 cept in capital cases) neither party shall be entitled to ad- 
 dress the jury by more than one counsel. If evidence 
 has been received on behalf of each party the counsel hav- 
 ing the right on the pleading to begin shall sum up ; one of 
 the opposite counsel may then address the jury, and after- 
 wards the counsel who commenced summing up may con- 
 clude. When the party not entitled to begin shall produce 
 no testimony, the counsel of the other party shall be confined 
 to his address in summing up, and shall not be heard 
 in reply. 
 
 § 66. The entire examination of a witness shall be con- 
 ducted by one only of the counselof each party; the 
 re-examination of the party calling him shall be confined 
 to the matter of cross-examination. 
 
 § 67. Subpoenas for witnesses residing within the city 
 or county of Philadelphia, shall be taken at least one day 
 previously to the day assigned for the trial of the case in 
 which their attendance shall be required, or such action 
 shall not be continued on account of the absence of any 
 such witness, ;f he were or might be found at his residence 
 within that period. 
 
 § 68. The detention of a witness under examination 
 for the purpose of noting the testimony shall be regulated 
 by the discretion of the judge i'n the particular case on trial. 
 
 § 69. In all cases where persons are bound over to ap- 
 pear as witnesses for the commonwealth, they must attend 
 
i86 
 
 without notice by subpoena, and failing to do so their 
 recognizance will be forfeited. 
 
 § 70. If, on the trial of the cause, the counsel for the 
 commonwealth or defendant wish the charge of the court 
 on any point or points of law arising in the cause, the 
 point or points on which the charge is requested shall be 
 distinctly stated in writing and delivered to the court as 
 soon as the evidence is closed and before the commence- 
 ment of the summing up. 
 
GENERAL INDEX. 
 
 PAGE 
 
 Account, adjudication of, O. C. ix, ? \ 5, 6, 9 155, 156 
 
 advertisement of, O. C. ix, \ 3 153 
 
 audit of, O. C. ix, \\ 2, 4 153 
 
 agreements to confirm, O. C. ix, \ vjj. 160 
 
 before Master, Eq. xii, \ 6 64 
 
 exceptions to adjudication of, O. C. ix, \ 9 and note 15 ; 
 
 x, \ 6 156, 157, 163 
 
 exceptions to assignees' and trustees', C. P. vi, \ 7 . ... 84 
 publication of filing of assignees' and trustees', C. P. vi, 
 
 § 7 83 
 
 stating of, O. C. I, \\ 1, 2 145 
 
 Action, see cause of. 
 
 Adjudication, exceptions to, O. C iv, <S 9 and note 15 ; x, <S 6, 
 
 156, 157, 163 
 
 paper book in exceptions to, O. C. ix, \ 15 157 
 
 Admissions for purpose of evidence, C. P. i, \\ 1, 2 78, 79 
 
 Administrator, discharge of, O. C. v, \ 1 150 
 
 of estate in which minor is interested not to be 
 
 appointed his guardian, O. C. viii, <j 1 and note 4 152 
 Advertisement, see Publication. 
 
 Affidavit, attorney in cause not to take, C. P. ii, \ 3 80 
 
 before whom it may be taken, Eq. vii, \ 42 53 
 
 exceptions to account to be supported by, O. C. x, \ 7 . 163 
 
 form of, Eq. xi, f 60 61 
 
 foreign attachment, plaintiff to make, before the prop- 
 erty seized can be sold, C. P. xxi, \ 90 115 
 
 of cause of action to be filed in action trespass vi et 
 
 armis, or bail will not be required, C. P. x, § 25 . . 90 
 of defence in attachment execution to be specific and 
 
 filed at time of filing plea, C. P. vii, {j 9 84 
 
 of just defence by defendant in rule for security for 
 costs need not be particular, C. P. xiv, \ 44 and 
 
 note 32 97 
 
 of service by publication, Eq. ii, § 12 42 
 
 of service of notice of appeal by plaintiff from magis- 
 trate's court, on defendant, C. P. v, ? 6a and note 19 83 
 
11 GENERAL INDLX. 
 
 PAGE 
 
 Affidavit, of service of notice to appear, when filed, to be entered 
 
 on docket, Eq. ii, \ 13 42 
 
 of service of statement to be filed, C. P. xxxi, \ 126a . 12& 
 
 of service of subpoena in divorce, C. P. xviii, jj 62 . . . 106 
 of service of rule for final decree in divorce, C. P. xviii, 
 
 §86 113 
 
 petitions to be verified by, O. C. x, \ 1 161 
 
 statement of claim to be supported by, C P. xxxi, § 
 
 1266 and notes 74 and 75 128 
 
 to bill of costs, C. P. xiv, \ 44^ 97 
 
 to libel in divorce, to be taken before magistrate, C. P. 
 
 xviii, <j 57 104 
 
 to plea or demurrer, Eq. vi, \ 32 49 
 
 to hold to bail in trover and conversion, C. P. x, \ 26 . 90 
 Affidavit of Defence, argument for rule for judgment for want 
 
 of, C. P., xxvii, (S 116 122 
 
 copy of, to be served, C. P- iii <S 4a.. . . 82 
 
 in foreign attachment, C. P. Note 13. . 81 
 
 in forfeited recognizances, Q. S. i \ 1 . 169 
 
 under old practice, C P. iii 80 
 
 when to be filed, C. P. iii \ 4 and notes 
 
 13, 14, 15 and 16 80, 8i, 82 
 
 Agreements of attorneys to be in writing, S. C. viii and note . . .4 
 
 • C. P. iv \ 5 and note 17 82 
 
 to confirm accounts, O. C. ix \ 17/ 160 
 
 Allocatur, bail in more than $500 not required without, C. P. x 
 
 § 27 90 
 
 capital cases where more than 20 days have elapsed 
 
 since sentence, required before appeal, S. C. xia. 5 
 
 criminal cases, required in, S. C x 4 
 
 criminal cases, in default of, writ to be quashed S. C. x 4 
 
 Amendments, in equity to be printed, Eq., 11 1 \ 14 43 
 
 in lieu of bill of revivor, Eq., x \ 54 . .- 57 
 
 notice of filing of, to be given, Eq., x \ 49 ... . 56 
 
 of bill in equity, Eq., vi \ 36 50 
 
 of libel in divorce, C. P. xviii \ 71 and note 52 . . . 108 
 
 of plea or demuirer, Eq., vi \ 36 50 
 
 service of, Eq., x \ 54 57 
 
 when allowed, Eq., x \\ 49, 50, 51, 52, 53, 54 . 56, 57, 58 
 
 when too late, note 49 56 
 
 Ancillary Proceedings to be instituted, of same term and num- 
 ber as original suit. C. P., Gen. Rule III . ... 75 
 what are, note 2, 3 74, 75 
 
GENERAL INDEX. Ill 
 
 PAGE 
 
 Answer, amendment of, Eq. x, \ 53 57 
 
 contempt to compel, Eq. vi, \ 29 49 
 
 decree pro confesso in default of, Eq. vi, § 37 50 
 
 defendant to answer on overruling of plea or demurrer, 
 
 Eq. vi, \ 37 50 
 
 in divorce, see divorce 
 
 in equity to be printed, Eq. iii, \ 14 43. 
 
 to interrogatories to be served, Eq. viii, § 43 53, 
 
 rule to, Eq. vi, \ 29 48, 
 
 standing rule in attachment execution illegal, C. P. note 21 84.. 
 
 structure of, Eq. vii, \ 38 51. 
 
 Appeals, see Errors and Appeals. 
 
 Appeals from Magistrate's Court by defendant, C P. v, \ 6 and 
 
 note 18 83; 
 
 by plaintiff, C. P. v, \ 6a and note 19 83. 
 
 when declaration to be filed, C. P. xxiv, \ 122 125. 
 
 when plaintiff appeals to give notice to defendant, C. P- 
 
 v, g 6a and note 19 83: 
 
 Appeals from Register. 
 
 appellant to present petition, O. C. ii, \ 2 146 
 
 exceptions on, O. C. ii, \ 6 147 
 
 hearing of, O. C ii, § 5 146 
 
 testimony before register to be certified, O. C. ii, \ 5 . . 147 
 
 when citation to issue, O. C. ii, \ 2 146 
 
 when to be heard, O. C. ii, \ 4 147 
 
 where to be filed, O. C. ii, ? 1 145 
 
 Appeals from taxation of costs to be entered within 3 days, C. P- 
 
 xvi, § 45 96 
 
 Appeals under act of May 9, 1889 .... 6 
 
 how to be taken, S. C 6 
 
 paper books in, S. C. . . . 8 
 
 Appearance, cause may proceed ex parte, if respondent in di- 
 vorce, does not appear, C. P. xviii § 65 107 
 
 common appearance in replevin, C. P. xxxvi \ 143. 134 
 
 de bene esse, not allowed, C. P. xxxi \ 125 126 
 
 entered on written order, Eq. ii \ 13 42 
 
 entered on written order, C. P. xxxi $ 125 126 
 
 for respondent in divorce, C. P. xviii ? 64 107 
 
 in default of, bill to be taken pro confesso, Eq. ii \ 13 43 
 
 in divorce, C. P. xviii \ 59 105 
 
 in equity, Eq. ii \ 6 40 
 
 letters of attorney to appear for respondent in divorce 
 
 to be filed, C. P. xvii ? 64 k y 
 
av GENERAL INDEX. 
 
 PAGE 
 
 Abearance, order to appear to be endorsed on bill, Eq. ii \ 6 . . 40 
 rule to appear and plead to be endorsed on writ of 
 
 error or certiorari, S. C. xiv 7 
 
 Appraisement, 
 
 for widow's claim, 0. C. iii \ 1 147 
 
 for children's exemption, O. C. iii § 2 148 
 
 notice to be given plaintiff's counsel before appraise- 
 ment under exemption law, C P. xix \ 88. . . 114 
 Appraisers, 
 
 motion for appointment of, to be in writing, C. P. ix 
 
 I ix 88 
 
 Argument, see Argument List 
 
 assignment of cases, S. C 25 
 
 in criminal cases, Q. S. xxi, \ 65 185 
 
 number of counsel to be heard, C. P. xxvii, \ 113 . . . 122 
 
 on report of auditors or referees, C. P. xxvii, \ 118 . . . 123 
 
 ot causes, on Short List, S. C xxxix 22 
 
 of causes, on Hour List, S. C xli ■ . . 23, 24 
 
 of demurrer or plea in equity, Eq. vi, \ \ 33, 34 . . . . 50 
 
 of exceptions to interrogatories, Eq. vii, § 40 52 
 
 of exceptions to answer to interrogatories, Eq. viii, § § 
 
 44. 45 54 
 
 of exceptions to interrogatories in depositions or com- 
 missions, Eq. xi, g 56 59 
 
 of exceptions to master's .report, Eq. xii, 65 
 
 of motions, Q. S. xiv, 2 § 28, 29 176 
 
 of motions, C. P. xxvii, § 117 123 
 
 of objection for want of parties in equity, Eq. v, \ 27. . 47 
 of rule for judgment for want of sufficient affidavit of 
 
 defence, C P. xxvii, § 116 122 
 
 for new trial, C. P. xxvii, § 117 123 
 
 tor new trial, Q. S. xv, § 31 177 
 
 to dissolve foreign attachment, C. P. xxvii, § 112 . 122 
 
 to set aside sheriffs' sales, C. P. xxvii, § 119 123 
 
 to show cause of action, C- P. xxvii, § 112 122 
 
 paper books required, Q. S. xiv, \ \ 28, 29 . . 176 
 
 who to begin, C. P. xxvii, \ 113 122 
 
 Argument, brief of. 
 
 what it must contain, S. C. xxv 18 
 
 Argument List, Supreme Court. 
 
 capital cases to be placed at head of, S. C- xia 5 
 
 case not to be continued, S. C. iii 1 
 
 order of calling cases, S. C. i 1 
 
GENERAL INDEX. V 
 
 PAGE 
 
 Argument List, Supreme Court. 
 
 order of placing cases, S. C. ii ' i 
 
 parties not ready, case to be nonprossed, S. C. i . . . . i 
 suspended during calling of Short List, S. C xxxvii. . . 22 
 what cases to be put on, S. C ii 1 
 
 Argument List. Equity. 
 
 when decree pro confesso is taken, cause to be placed 
 upon the next argument list, Eq. vi, \ 29 48 
 
 Argument List. Common Pleas. 
 
 in argument of cases on, two counsel on each side may 
 
 be heard, C. P. xxvii, \ 113 122 
 
 new trial list, C. P. xxviii, \ 121 124 
 
 Argument List. Orphans' Court. 
 
 calling of cases on, O. C. ix, \ 16 . . . . • " 158 
 
 exceptions to adjudications, to be placed, O. C. ix, \ 16 157 
 exceptions to reports, to be placed on, O- C. ix, \ 16 . . 157 
 
 when cases to be ordered on, O. C ix, \ 14 157 
 
 when to be heard, O. C. ix, \ 13 157 
 
 Arrangement of Business, See Business. 
 
 Assignee, exceptions to account of C. P. vi, \ 7 84 
 
 publication of filing of account of, C. P. vi, \ 7 83 
 
 Assignments of Error, importance of proper, note 2 11 
 
 in case of judgment on facts in nature of special ver- 
 dict, S. C. xxxiii 21 
 
 must be in writing and filed on or before the third 
 
 day of term, S. C. xii 6 
 
 must be specific, S. C. xxii and note 2 ir 
 
 must conform with rules of court, note 2, S. C. xxii, 
 
 note 6, xxiii and notes, xxiv and notes, 
 
 ii, 12, 13,14, 15, 16, 17 
 raise only one question, S. C. xxii, note 5 . j . . . 12, 13 
 refer to not more than one bill of exception, S. C 
 
 xxii, note 4 12 
 
 refer to one point, S. C. xxii, note 3 12 
 
 to admissions of evidence, S. C. xxiv, notes 1 and 2. 
 
 IS, 16 17 
 
 to answers to points, S. C. xxiii, note 2 13, 14 
 
 to charge of court, S- C xxiii, notes 1 and 3 13, 14 
 
 to finding of facts, by master or auditor, S. C. xxv. . 18 
 Assistance, Writ of, to enforce obedience to decree in equity, 
 
 Eq. xiv, H 81, 82 69 
 
 prothonotary to issue, Eq. xiv, \ 82 69 
 
VI GENERAL INDEX. 
 
 PAGE 
 
 Attachment, See Attachment Execution, Foreign Attachment. 
 
 discharge of defendants from, Eq. vi, ? 29 48 
 
 to issue on failure to answer interrogatories, Eq. vii, 
 
 ?39 52 
 
 to issue if defendant fails to answer, when exception 
 to answer to interrogatory is sustained, Eq. viii, 
 
 § 45 54 
 
 payment of costs enforced by, Eq. xiii, § 77 and note . 68 
 
 when to be issued, Eq. vi, ? 29 48 
 
 when to issue to enforce obedience to decree, Eq. 
 
 xiv, § § 81, 83 69, 70 
 
 writs of, when returnable, C. P. vii, § 8 84 
 
 Attachment Execution. 
 
 defence in, to be by affidavit and specific, C. P. vii, § 9 . 84 
 defence in to be filed at time of pleading, C- P. vii,g 9 . 84 
 in, on judgment, plaintiff may be ruled to file inter- 
 rogatories, C. P. vii, § 10 84 
 
 Attachments under act of 1869. 
 
 notice of approval of security not required, C. P. 
 xxxvii, 1 146 136 
 
 Attorney, Supreme Court. 
 
 admission, requisites for, S. C. vi . . . 3 
 
 admission of attorneys from other States, S. C. vii . . 3 
 admission of graduates of University of Pennsylvania, 
 
 S.C vi. . 3 
 
 agreements of, to be in writing, S. C. viii and note . . 4 
 
 not to be bail in error, S. C. ix 4 
 
 on certificate of, cases to be put on Short List, S. C. 
 
 xxxvi 22 
 
 on certificate of cases to be put on Hour List, S. C. xli . 23 
 speeches of counsel in causes on Short and Hour Lists 
 
 limited, S. C. xxxix, xli 22, 23 
 
 Common Pleas, C. P. General Rule I 73 
 
 admission of, C. P. viii, § 13 85 
 
 admission of from other courts, C P. viii, § g 14, 17 . 86, 87 
 
 admission of, from other States, C. P. viii § § 15, 16 . 86, 87 
 
 agreements of, to be in writing, C. P. iv, \ 5 and note 17. 82 
 not having office in county, to register an address with 
 
 the prothonotary, C. P. viii, 5 ig}4 87 
 
 not to be special bail without leave of court, C. P, x, 
 
 § 28 and note 26 90 
 
 not to take affidavit in their own cases, C. P. ii, § 3 . . 80 
 
 service on, not having office in county, C. P.viii, § 19^ . 87 
 
GENERAL INDEX. Vll 
 
 PAGE 
 
 Attorney. Supreme Court. 
 
 stricken from roll in any court, to be disqualified from 
 practicing in other courts in county, C. P. viii, § 19 . 87 
 
 Orphans' Court. 
 
 admission of, O. C iv, § 1 . . . • .... ■ 148 
 
 application for admission, O. C. ix, ? 10 156 
 
 name of, in case to be entered on record, O. C. iv, §'2 . 148 
 not having office in county, to register address with 
 
 the clerk, O. C. iv, § 5 149 
 
 not to be security, O. C. iv, I 3 149 
 
 stnking off name of, from record, O. C. iv, § 3 149 
 
 suspension of, O. C. iv, § 4 149 
 
 Attorney, Letter of, 
 
 to appear for respondent in divorce to be acknowledged, 
 filed, and attached to master's report C. P. xviii, 8 64 . 107 
 
 Audit List, advertisement of, O. C. ix, § 3 154 
 
 arrangement of, O. C. ix, ? 3 154 
 
 calling of, O. C. ix, § 2 154 
 
 Auditor, appointment of, O. C. ix, § 17a 158 
 
 assignment of error, to finding of, S. C. xxv 18 
 
 compensation of, O. C. ix, I rje 158 
 
 attachment for, O. C. ix, ? i7<? 158 
 
 exceptions to, O, C ix, § 17/ 158 
 
 to be submitted to counsel, O. C. ix, 5 \7g 159 
 
 duties of, C P. ix, § 23 88 
 
 may require security for costs, O- C. ix, 1 17/ 160 
 
 motion for appointment of, to be in writing, C. Y- ix,? 21. 88 
 
 must be members of the bar, C. P. ix, § 20 88 
 
 notice of appointment, O. C- ix, § 17c 158 
 
 qualification of, O. C ix, § 176 158 
 
 report of, O. C. ix, I i7d,f, i 158, 160 
 
 argument on, C. P. xxvii § 118 123 
 
 confirmation of, C. P. ix. § 24 89 
 
 confirmation of, O. C. ix g 17k, i, I 159, 160, 161 
 
 exceptions to, C. P. ix, i 24, notes 24, 25 89 
 
 exceptions to, O. C. ix, § 17A, x, § 6 159, 163 
 
 filing of, O. C ix, § 17^,/ i 158, 160 
 
 shall not be returned as security, O. C. ix, g 1 7^ . . . . 158 
 
 to be notified of appointment, O. C ix, § 17^ 160 
 
 to give notice of meeting for presentation of claims 
 
 against fund arising from sheriff's sale, C. P. ix, 5 22. 88 
 vacation of appointment, O. C. ix, § 17a?. 158 
 
Vlll GENERAL INDEX. 
 
 page- 
 Authorities, if in slate reports, must be cited by volume of re- 
 port, S. C. xxvi 19 
 
 principle of, must be cited, S. C. xxvi 19- 
 
 when cited from periodicals, certificate of counsel 
 that cases are not in state reports, must accom- 
 pany, 5. C. xxvi 19 
 
 Bail, exceptions to, C. P. x, § 29 90 
 
 in more than $500, not allowed without allocatur, C. P. x,§27 go- 
 justification of, or substitution of, C. P. x i 30 91 
 
 justification of, notice of, Q. S. ii, 5 2 170- 
 
 not required in actions trespass vi et armis, unless affidavit of 
 cause of action is filed before the issuing of the writ, C. 
 
 P. x, § 25 90 
 
 requisites of affidavit to hold to bail, in trover, C. P. x, § 26. . 90 
 when rule to discharge on common bail is to be moved, C. P. 
 
 x, § 31 ■ 91 
 
 Bail in Error, exceptions to sufficiency of, S. C. v 2 
 
 form of recognizance, S. C. iv 2 
 
 justification of, S. C. v 2 
 
 new bail may be put in, S- C. v 2 
 
 notice of justification, or putting in of new bail to 
 
 be given, S. C. v 2 
 
 Bailiff, not to be special bail, C. P. x, 2 28 90 
 
 Bench Warrant, not to issue without special order, Q. S. iii, § 3 . 170 
 Bill of Costs, see costs. 
 
 Bill of Discovery in aid of proceeding at law, on failure of de- 
 fendant, .to answer the bill, judgment to be entered, 
 
 C P. xi, {S 32 gr 
 
 service of, on attorney of record, C. P. xi, \ 32 91 
 
 service of, on non-resident, C. P. xi, \ 32 91 
 
 where to be filed in court in which action at Jaw is pend- 
 ing, C. P. xi, \ 32 91 
 
 Bill in Equity, amendment of, Eq. x, \ § 49, 50, 51, 52, 54 . . . 56, 57, 58 
 
 amendment of, when too late, note \ 49 56 
 
 dismissal of, by consent, Eq. v, \ 28 48 
 
 each party entitled to ten copies if printed, Eq. iii, 
 
 § 14 43 
 
 filing of, Eq. i, § 1, 2 39 
 
 in case of poverty, each party entitled to one 
 
 written copy, Eq. iii, \ 14 43 
 
 interrogatories not to be included in, Eq. vii, <S 39 . 51; 
 libel in divorce, to be framed in analogy to, C. P. 
 
 xviii, \ 56 103 
 
GENERAL INDEX. IX 
 
 ■D ^ PAGE 
 
 bill in Equity, no suit to be deemed pending until bill is filed, Eq. 
 
 », \ 5 40 
 
 scandalous matter in, Eq. iv, \ 15 44 
 
 service of, Eq. ii, \ g 6, 8 40, 41 
 
 service of, by publication, Eq. ii, § 12 42 
 
 service of, on corporation, Eq. ii, g 10 42 
 
 service of, on commonwealth, Eq. iii, \ 11 42 
 
 service of, on non-resident, Eq. ii, § 11 42 
 
 service of, when husband and wife are defendants, 
 
 Eq- ii, I 9 14 
 
 structure of, Eq. iv, |J 15, 16, 17 44 
 
 to be printed, Eq. ii, g 5, iii, g 14 40, 43 
 
 to enjoin proceeding at law or in equity, to be en- 
 titled as of original suit, C. P. General Rule iii. 76 
 
 when bill need not be printed, Eq. iii, <S 14 43 
 
 Bill of Exceptions; assignments of error must not refer to more 
 
 than one, S. C. xxii and note 4 12 
 
 copy of, to be served on opposite party, C. P. 
 
 xii, I 35 92 
 
 to be signed at trial, on decision on excep- 
 tions to deposition or commission, C. P. 
 
 xvi, § 55 103 
 
 when to be presented, Q. S. iv, 1 4 170 
 
 when to be presented in case of non-suit, 
 
 C P. xii, §34 92 
 
 when to be presented in case of reserved 
 
 points, C. P. xii, 5 34 92 
 
 when to be presented in case of verdict, C. P. 
 
 xii, § 33 92 
 
 when to be settled, C. P. xii, § 35 92 
 
 Q- S. iv, 1 5 170 
 
 Bill of Indictments, see Indictments. 
 
 Bill of Particulars, if not filed within three months after de- 
 mand, non-suit, C P. xxxi, § 128 .... 130 
 Board of Examiners. 
 
 examination for admission to bar, before, C. P. viii, § 13 ; 
 
 C. P. xiii, § 37 86, 94 
 
 composition of, C. P. xiii, § 36 92 
 
 Bond to be given by claimant in feigned issue, C. P. xx, \ 89 . . . 115 
 
 Books, production of before master, Eq. xii, I 65 and note § 88 . . 64, 71 
 
 cannot be had by rule at taking of depositions, C P., note 36 . 99 
 
 Business, distribution of, C P., Gen. Rules II and III . . . 73, 74, 75, 76- 
 
 order of in O. C, O. C. ix 154 
 
X , GENERAL INDEX. 
 
 PAGE 
 
 Capias ad respondum, not to issue with bail in more than $500, 
 
 without allocatur, C. P. x, I 27 . 90 
 
 Capital Cases, argument in, fifth Monday after issuing of writ, 
 
 S. C. xia 5 
 
 if more than 20 days have elapsed since sentence, allocatur 
 
 required before writ can issue, S. C. xia 5 
 
 praecipe for certiorari to be accompanied by certificate of 
 
 date of sentence, S. C. xia 5 
 
 return day for, first Monday in each month, S. C. xia.. . . 5 
 
 to be placed at head of argument list, S. C. xia 5 
 
 when paper book is to be served, S. C. xia 5 
 
 Cause of Action, argument on rule to show, C. P. xxvii, § 112. . . 122 
 bail not required in actions trespass vi et armts, 
 unless affidavit of, is filed before issuing of 
 
 writ, C. P. x, § 25 90 
 
 statement of cause of action to b"e filed when 
 judgment by confession is entered in ami- 
 cable suit, C. P. xxiii, § 97 117 
 
 when rule to show cause of action is to be moved, 
 C. P. x, \ 31 91 
 
 Cautionary Orders, in injunction, not to be made, Eq. xiii, § 75. . 67 
 
 Certiorari, merits of case will not be inquired into on certiorari 
 
 in road cases, S. C. xxxiv 21 
 
 not to issue, in capital cases, where more than 20 days 
 have elapsed since sentence, unless allowed by a 
 
 judge of the supreme court S. C. xia 5 
 
 not to issue, where defendant is out on bail, unless he 
 
 give recognizance, S. C. xi 4 
 
 prascipe for, in capital cases, to be accompanied by cer- 
 tificate of lower court of date of sentence, S. C. xia . 5 
 
 to magistrates, C. P. xiv, § 41 95 
 
 when record to be returned in magistrate case, C. P. 
 
 xiv, § 42 95 
 
 Challenges, to the array of jurors, when to be made, C. P. xxiv, 
 
 \ 102 118 
 
 Charge of Court, exceptions to, C. P. xl, 1 162 and note 87 . ... 143 
 general exception to, not allowed, C. P. xl, § 162. 143 
 in criminal cases, to be reduced to writing upon 
 
 request, Q. S- xxi, \ 70 185 
 
 Charters, application for, referred to a Master, C. P., xv \ 43^ . . 95 
 deposit of f 50 to be made with prothonotary on appli- 
 cation for charter, C. P. xv \ 43^ 95 
 
GENERAL INDEX. XI 
 
 PAGE 
 
 Charters petitions for, to be filed, C. P xv g 43 95 
 
 publication of filing, C. P. xv g 43 95 
 
 Citation, copy of petition to be served with, O. C, x §11 . ... 164 
 
 not appearing in obedience to O. C. x § ia . . . . . . 161 
 
 to issue, if appellant's petition in appeal from register 
 
 shows prima facia case, O. C, ii § 2 146 
 
 Claim, See Statement of Claim. 
 Clerical Mistakes, 
 
 in decrees, Eq. xiv 5 85 70 
 
 Clerk of Orphans' Court, 
 
 to advertise Audit List, O. C, ix § 3 154 
 
 to notify auditors, examiner's, and masters of 
 
 their appointment, O. C ix i 17k 160 
 
 Clerk of Quarter Sessions, 
 
 duties of Q. S. v 170 
 
 to give certificate of granting of liquor licenses 
 
 Q. S. xiii § 26 175 
 
 to prepare list of jurors, Q. S. xii I 19 173 
 
 to publish list of liquor license applications, 
 
 Q. S. xiii § 24 175 
 
 to tax costs, Q. S. vii js 11 172 
 
 Collateral Inheritance Tax, 
 
 receipt for, to be produced, O. C ix ? 7 . . . . 156 
 
 Commission, exceptions to, Eq. xi, \ 56 59 
 
 exceptions to, C P. xvi, £ 55 102 
 
 form of final interrogatory in, Eq. xi, \ 57 and note 59, 60 
 interrogatories must be filed and notice given to ad- 
 verse party, Eq. xi, g 55 58 
 
 may issue in divorce, C. P. xviii, § 78 and note 54. . . in 
 notice of filing to be given by prothonotary, Eq. xi, 
 
 I 56 59 
 
 order to issue may be entered at any time, Eq. xi, 855 58 
 
 return of, Eq. xi, g 56 59 
 
 return of, C P. xvi, \ 55 102 
 
 rule for, C. P. xvi, I 51 100 
 
 Commissioners, designation of, Eq. xi, g 55 note 63 58, 63 
 
 motion for appointment of, to be in writing, C. P. 
 
 ix, I 21 88 
 
 names of, must be served, Eq. xi, \ 55 and note 58, 63 
 
 Commissioners of Bail, 
 
 prothonotaries of courts of common pleas, S. C v. . . 2 
 
 Commonwealth, service of bill in equity on, Eq. ii, ?io 42 
 
XU GENERAL INDEX. 
 
 PAGE 
 
 Conspiracy, bail not required in actions for, unless affidavit of 
 cause of action is filed before issuing of writ, C. P. x, 
 
 i 25 90 
 
 Constables, monthly returns of, Q. S. vi, \ 9 . . 17 1 
 
 Contested Election Cases, paper books to be printed, C. P. 
 
 xxvii, 8115 I22 
 
 Continuance, application for, C. P. xl, § 160 142 
 
 engagement in other court not ground for, C. P. 
 
 xl, § 153 . . Mo- 
 no cause on argument list in supreme court to be 
 
 continued, S. C. iii 1 
 
 no cause to be passed on account of attachment for 
 
 witnesses, C. P. xl, 5 159 142 
 
 no continuance unless subpoena was taken out five 
 days before day set for trial, C. P. xxxix, 1 152 . 139 
 
 of cause, C. P. xl, 8 8 153, 154, 155 140, 141 
 
 on account of absence of witnesses, Q. S. xxi, 5 67. . 185. 
 Conversion, See Trover. 
 
 Corporations, applications for charter to be filed, C. P. xv, § 43. . 95 
 applications for charter to be published, C. P. xv, 
 
 §43 95 
 
 applications for charter to be referred to a master, 
 
 C P. xv, 8 43% 95- 
 
 deposit of $ 50 required on application for charter, 
 
 C. P. xv, § 43^ 95 
 
 duty of, when guardian, O. C. viii, § 4 . . . . 153 
 
 duty of, when trustee, O. C. viii, § 4 153 
 
 service of bill in equity on, Eq. ii, 1 10 42- 
 
 Costs, appeals from taxation of Q. S. vii, §13 172 
 
 auditors, examiners and masters may require security for, 
 
 O. C ix, 8 17/ 160 
 
 bill of, must be filed wilhin four days after continuance or 
 
 trial, C. P. xvi, 844^ 97 
 
 bill of, copy of, to be served on opposite party, C. P. xvi § 44^. 97 
 
 bill of, what it must contain, C. P. xvi, 844^ 97 
 
 bill of, exceptions to, C. P. xvi § 44^ 97 
 
 bill of, to be supported by affidavit, Q. S. vii, § 10 171 
 
 bill of, scandalous matter in, Eq. iv, § 15 44 
 
 in equity, cost of printing pleadings to be alio wc d as costs, Eq . 
 
 iii.i 14 43 
 
 non-resident plaintiff to give security for, C. P. xiv, § 44 and 
 notes 30, 31, 33 9 & 
 
GENERAL INDEX. Xlll « 
 
 Declaration. ; 
 
 copy of, to be served on other side, C. P. xxxi, g 126 . . . 126 
 if filed, and defendant has not appeared in replevin, plaintiff 
 may enter common appearance, ,C. P. xxxvi, \ 143 . . . 134 
 
 in feigned issue, when to be filed, C. P. xx, § 89 115 
 
 rule to declare, C. P. xxxi, | 126 1,26 
 
 to be filed within 15 days- after service of rule, C P. xxxi \ 
 
 126 . 126 
 
 to be filed within twelve months after return day of term to 
 which action is brought or appeal is entered, or non. 
 
 pros:, C, P. xxix, I 22 and note 67 125 
 
 treating transcript from magistrates as, C. P. note 47 .... 125 
 Decree Pro Confesso. 
 
 on entry of, course to proceed exparte, Eq . vi, <S 29 , . . . 48 
 
 to be entered in default of answer, Eq. vi, § 67 50 
 
 Decrees. 
 
 clerical mistakes in, Eq. xiv, \ 85 70 
 
 exception to form of submitted decree, Eq. xiv, \ 79. . . . 69 
 writ of assistance to issue to enforce obedience to, Eq. xiv, 
 
 H8i,82 60 
 
 preparation of, by counsel, O. C. x \ 9 164 
 
 satisfaction of, O-C. xii : 167 
 
 Deeds — See Sheriff's Deeds. 
 Demurrer. 
 
 affidavit to, required, Eq. vi, g'32 49 , 
 
 amendment of, Eq. vi, § 36 50 
 
 argument of, Eq. vi,||§ 33,34 5° 
 
 on overruling of, defendant to answer, Eq. vi, \ 37 50 
 
 to statement, C. P. 2, 3 and 4, C. P. xxxi, <S 126c?. 129 
 
 Deposition, See Notes 36 to 48 98, 99. 100, 101, 102 
 
 before whom depositions may be taken, C.P. xvi, \ 53 . 101 
 
 exceptions to, C P. xvi, § 55 and notes 47, 48 102 
 
 filing of, Eq. xi, \ 56 . . 59 
 
 filing of, C. P. xvi, \ 55 and . notes 47, 38 102 
 
 . form of, Eq. xi,"g,6o 61 
 
 form of final interrogatory, Eq. xi, §557 and note ... 59, 6° 
 letters rogatory may issue on/application to take, C P. 
 
 xxv, I 105 "■ 119 
 
 not taken according to rules will be suppressed, C. P. 
 
 note 36 - • 98 
 
 notice of filing of, to be given by Prothonotary, Eq. xi, 
 
 2 56 59 
 
 of person in prison may be taken, C. P. note 44 ... . 101 
 
 of absent witnesses, O- C vi, § 1 and 2 151, 152 
 
 order to take, may be entered at any time, Eq. xi, I 55. 58 
 rule to take, of aged, infirm or going witness is of 
 
 course, C. P. xvii, I 5° 99 
 
xiii£ GENERAL INDEX. 
 
 Deposition, to be taken on all rules to show causes, C. P. xvi, \ 54. 102 
 when deposition taken in forrner suit may be used, 
 
 C. P. note 37 99 
 
 ' when' they may be taken 'and read at trial, C- P.'xvii, 
 
 49, notes 36, 37, 38, 39, § 52 . . , 98, 99, 101 
 
 when to be used at hearing, Eq. xi, g 55 . . . . -59 
 
 whose, may be taken, Eq. xi, I 55 . . . 58 
 
 Depository, of Court, C. P. xxvi $ 106 . . , . 120 
 
 of Court, 6. C. vi I 1 ... 151 
 
 Discharge, of Administrators-^ O. C. v § 1 151 
 
 • of Executors, O. C. v 'i 1 150 
 
 of Guardians, O. C. v I I 1, 2, 3 . ..... 150 
 
 of Trustees, O. C v \ 1 150 
 
 Discovery, See bill of 
 
 cross bills for discovery only not allowed, Eq. vii, ? 41 . 53 
 
 Dismissal of suit by agreement, Eq. v \ 28 48 
 
 Districts of. Supreme Court, S. C. xlii . .... 26, 27, 28, 29, 30 
 
 See Note .... ... 32 
 
 Divorce. — Amendments 
 
 of libel, C P. xviii § 71 and notes 52 . . 108 
 
 of pleadings, C. P. xviii \ 71 . . . 108 
 
 answer, C P. xviii \ 66 107 
 
 form of, C P. xviii § 67 , . . 107 
 
 requisites of, C. P. xviii I 68 .,■ • • io ^ 
 
 rule to, C. P. xviii \ 58 . . . . .... . . . . 105 
 
 appearance, cause to proceed separate if respondent 
 
 does not appear, C. P. xviii § 65 107 
 
 for respondent, C. P. xviii \ 64 107 
 
 letter of attorney to. appear for respondent to be 
 
 filed, C. P. xviii \ 64 . . . 107 
 
 rule tor, C. P. xviii \ 59 105 
 
 bill of particulars rule for, of course C. P. xviii \ 69. . . 108 
 
 commission in, C P. note 54 in 
 
 demurrer, C. P. xviii § 66 107 
 
 final decree, affidavit of service of publication of rule 
 
 for, C. P. xviii \ 86 ... 113 
 
 rule for, C. P. xviiiJ.Ss 112 
 
 publication of rule for, C. P. xviii \ 85 112 
 
 issue in, is of right before taking of testimony, C. P. 
 
 xviii \ 70 and note 51 108 
 
 libel in, affidavit to, to be taken beforeimagistrate, C P. 
 
 xviii §57 104 
 
 amendment of, C P. xviii I 71 and note 52 t 108 
 
 citizenship and domicil of parties at time of marriage, 
 to be set forth in the libel, C. P. xxviii ? 56 . . . . 104 
 
 contents of, C. P. xviii, § 56 104 
 
 copy of, to be served with subpaena, C. P. xviii § 59. 105 
 
GENERAL INDEX. xiil C 
 
 IDivorce, form of, C- P. xviii, § 56 103 
 
 time and place of marriage tojbe set forth in, C. P. 
 
 xviii I 56 '■•'.•- . 104 
 
 to be framed in analogy to bill of equity, C P. 
 
 xviii, § 56 ..... . I03 
 
 master, appointment of, C. P. xviii \ 72 109 
 
 compensation of, C. P. xviii \ 81 in 
 
 duties of, C. P. xviii \ \ 74, 75, 76, 77, 78, 82, 84, 
 
 . . • ■ 109, 110,111, 112 
 
 may require security for costs, C. P. xviii § 83 . ' . . 112 
 to attach to report, paper and copy of docket 
 
 entries, C. P. xviii § 84 112 
 
 to examine witnesses specially, C. P. xviii? 78 and 
 
 note 53 in 
 
 to give notice of time and place of taking testi- 
 mony, C. P. xviii \% 74, 75 . . 109 
 
 master's report, C. P. xviii \ 84 . 112 
 
 letter of attorney to appear for respondent to be 
 attached to, Q. P. xviii \ 64 , . .... . . ,. . . .107 
 
 meetings in, publication of time and place of, C. P. xviii 
 
 § 75 ...... r IO9 
 
 service pf notice of, C. P. xviii \ \ 74, 75 . . , . . . 109 
 notices in, not to be served by libellant or next friend, 
 
 C. P. xviii I 87. 114 
 
 proceedings, cause may proceed exparte if respondent 
 
 does not appear, C. P. xviii \ 65 107 
 
 rule for, of course, C. P. xviii \ 69 108 
 
 service, affidavit of manner of service of rule for final 
 
 decree to be filed, C. P., xviii $ 86 ........ . 113 
 
 affidavit of service of libel to be filed, xviii \- 62 . . . 106 
 
 by publication, C. ,F. xviii \\ 63, 75 106,109 
 
 subpoena, affidavit of service to be filed, C. P. xviii \ 62. 106 
 service of, when respondent is within* the county, 
 
 C. P. xviii I 60 ... .' 105 
 
 service of when respondent is out of the county 
 
 C. P- xviii' \ 61 . . 105 
 
 witnesses, examination of C. P. xviii ? ? 78, 79, 80 . . . in 
 
 Oocket, see Equity Docket. 
 
 separate appearance docket, to be kept by each Court, 
 
 C. P. General Rule iii. 75 
 
 Mechanics' Lien Docket, C. P. General Rule iii 75 
 
 Election Matters.— Q. S. ix, § .15 172 
 
 assignment of petitions in contested in election cases, Q. S. 
 
 viii, % 14 . .'.''..* 172 
 
 paper books in contested election cases to bfe printed, 
 
 C. P. xxvii, \ 115 122 
 
XitidT GENERAL INDEX. 
 
 Election Matters, paper books in contested election cases to be 
 
 printed, Q. S. xiv, \ 30 . 17& 
 
 Equity, appearance in, Eq. ii, § 6 40 
 
 bills in, see Bills in Equity. . 
 
 costs, payment of, enforced by attachment, Eq- vi, I 29 . . 48 
 
 courts of, to be always open, Eq. i, § 1 39 
 
 decrees in, enforcement of obedience to, Eq. xiv, 'b § 81, 82, 
 
 83 . • 69, 70 
 
 interrogatories on to be printed, Eq. iii, \ 14 43 
 
 motions in Equity, Eq. xiii, §76 66 
 
 Equity Docket, affidavit of service of notice to appear to be entered 
 
 on, Eq. ii \ 13 42 
 
 to be kept Eq. ii, § 13 42 
 
 motions, orders and decrees to be entered in, Eq. xiii, \ 71, 
 
 xiv 1 79 . . . • • 66, 69 
 
 objections for want of parties, Eq. v, \ 27 : 47 
 
 Errors and Appeals, see Appeals, Argument List, Supreme Court, 
 Assignments of Error, Bill of Exceptions, Paper Books, 
 appeals under Act of 1889, how to be taken, S. C. and note 6 
 appearance, in default of, cause to proceed ex parte, S. C. 
 
 xiv 7 
 
 assignments of error, when to be filed, S. C. xii 
 
 non pros, to be entered, on failure to file assignments of 
 
 error, at the proper time, S- C. xii 6 
 
 non pros, to be entered, on failure to return record, S. C. 
 
 xiii ; 7 
 
 prothonotary to endorse rule to appear and plead on writs, 
 
 S. C. xiv 7 
 
 record to be returned on return day, S. C. xiii 6 
 
 record may be brought by parties other than appellant, 
 
 S. C. xv 7 
 
 prothonotafy to certify opinion to lower Court, when 
 
 cause goes back for further proceedings, S. C. xvi . 7 
 
 Evidence, see Admissions for purpose of. 
 
 rules of in O. C. vii g i 151 
 
 commission to take testimony, Eq. xi g \ 55, 56, 57, 59, 60 
 
 59, 60, 61 
 
 depositions, C. P. xvii \ \ 49, 50, 51, 52, 53, 54, 55 and 
 
 notes 36-48 98, 99, 100, ioi,.io2, 113 
 
 examination of witnesses in open Court, Eq.xi 8 58 and note 60 
 
 rule to close taking of te>timony, Eq. xi § 61 61 
 
 before master, Eq. xii § 68 . 64 
 
 Examiner. See Auditors, Masters. 
 
 may require security for costs, .O. C. ix, g 17^ 160 
 
 motion for appointment of, to,be in writing, C- P. ix, g2i . 88 
 not to report as security for compensation, O- C. ix, 8 17/ 158 
 notice of appointment to be given, O. C. ix, § 17^ . . . 160 
 Examiners. See Board of 
 
GENERAL INDEX. Xlll 
 
 PAGE 
 
 Costs, rule for security for, entered on motion of defendant and 
 
 affidavit of just defence, C. P. xiv,§ 44 and note 32 ... 97 
 payment of, enforced by attachment and sequestration, Eq. 
 
 xiii § 77 and note 68 
 
 question of, in feigned issue to be reserved until after trial, 
 
 C. P. xx 5 89 n 5 
 
 security for, may be required by master in divorce, C. P. xviii, 
 
 8 83 112 
 
 Taxation, of, Appeal lies from, C. P. xvi, § 45 98 
 
 appeal lies from, Q. S.vii, § 13 172 
 
 by clerk, Q. S. vii, § 11 172 
 
 in interlocutory proceedings, Eq. xiii, § 77. 67 
 
 jurat to bill of, allowed in, C. P. note 35 98 
 
 must be taxed, before execution shall issue, where on an 
 
 appeal the amount recovered is reduced, C. P. xvi, 5 46 98 
 
 notice of, to be given opposite party, C. P. xvi, \ \ 47, 48. . 98 
 
 taxed by prothonolary, C. P. xvi §45 . . . ; 98 
 
 when to be taxed, Q. S. vii, § 12 173 
 
 when security for, should be required, C. P. note 30 ... . 96 
 
 when too late to require security for, C. P. note 30 ... . 96 
 
 Courts of Equity, to be always open, Eq. 1, \ i , . . . 39 
 
 Criminal Cases, special allocatur required, S. C. X 4 
 
 in default of allocatur, writ to be quashed, S. C. X 4 
 defendant out on bail, to give recognizance, be- 
 fore certiorari can issue, S. C , xi 4 
 
 trial of, Q. S. xxi I 64, 65 ; 185 
 
 charge of court in, upon request to be reduced to 
 writing, Q. S. xxi $ 70 186 
 
 Cross-Bill, principal or surety may proceed by cross-bill, when 
 
 the other is not joined as defendant, Eq. v I 25 . . 46 
 
 for discovery, not allowed, Eq. vii I 41 53 
 
 rules relating to bills, to apply to, Eq., vii I 41 . . . 53 
 
 service of, Eq. vii § 41 53 
 
 Cross Interrogatories, in commission may be filed, C P. 
 
 xvi I 51 100 
 
 in time if filed before issuing of com- 
 mission, C. P. note 43 100 
 
 Current Motion List, see motion list 
 
 Exceptions, by accountant, O. C. \ 7 163 
 
 far scandalous or impertinent matter to be in writing, 
 
 Eq. viii I 46 54 
 
 in appeals from register, O. C. ii I 6 147 
 
XIV GENERAL INDEX. 
 
 PAGE 
 
 Exceptions, must be made before and filed with auditor C. P. ix 
 
 § 24 and notes 24, 25 89. 
 
 paper book in exceptions to adjudication, O. C. ix 1 15 157 
 to account of trustee and assignee, C. P. vi g 7. . . . 84 
 to adjudication, O. C ix $ 9 and note 9, x § 6 . . . 156, 165 
 to adjudications to be placed on argument list, O. C. 
 
 ix I 16 157 
 
 to answers to interrogatories Eq. viii 2 43, 44, 45 . . 53 
 to answers to interrogatories to be printed, Eq. viii 
 
 2 43 • • • 53 
 
 to answers to interrogatories to be argued, Eq. viii § 43 53 
 
 to auditor's report C. P. ix I 24 and notes 24, 25 . . . 89 
 
 to bail, C. P., x I 29 90 
 
 to charge of court, C. P. xl § 162 143 
 
 to commissions, C. P. xvi § 55 102 
 
 to deposition, C. P. xvi I 55 and notes 47, 48 io* 
 
 to exemptions for children 0. C. iii § 2 148 
 
 to form of decree submitted, Eq. xiv I 79 ...... . 69 
 
 to interrogatories in depositions or commissions, Eq. 
 
 xi I 56 59 
 
 to interrogatories in depositions or commissions, to be 
 
 argued, Eq. xi I 56 59 
 
 to interrogatories to be filed and served, Eq. vii $ 40 52 
 
 to master's report, Eq. xii I 69 65 
 
 to reports to be placed on argument list, O. C, ix g 16 157 
 to report of auditor, O. C. ix § 17A, x 2 6 . . . . 159, 163 
 
 to report of referee, C P. xxxv 1 142 134 
 
 to sheriff's sale, C. P. xxxviii I 149 137, 138, 139 
 
 to widow's claim, O. C. iii $ 1 147 
 
 when to be filed in case, of certiorari to magistrates 
 
 C P. xiv I 41 ... 95 
 
 Execution, may be set aside if issued more than seven days after 
 judgment, upon entry of security, C. P. xxxvii 
 
 $ M4 134 
 
 not to issue after appeal, when amount recovered, 
 
 is reduced, until costs are taxed, C. P. xvi \ 146 98 
 stay of, on entry of security, C. P. xxxvii \ 144 . . . 134 
 to issue in equity where decree is for payment of 
 
 money, Eq. xiv \ 83 70 
 
 Executors, discharge of, O. C. v, \ 1 150 
 
 of estate in which minor is interested not to be ap- 
 pointed his guardian, O. C. viii, \ 1 152 
 
GENERAL INDEX. XV 
 
 PAGE 
 
 Exemption, before appraisement, notice to be given plaintiffs' coun- 
 sel, C. P. xix, g 88 114 
 
 for minor children, O. C. iii, ? 2 148 
 
 False Imprisonment, bail not required in action for, unless affi- 
 davit of cause of action is filed before issuing of writ, 
 C-P-x, §25 9 o 
 
 Feigned Issues, claimant to give bond, C. P. xx, \ 89 115 
 
 form of, C. P. xx, \ 89 114 
 
 to be formed when rule for interpleader is made 
 
 absolute, C. P. xx, \ 89 114 
 
 when declaration to be filed, C. P. xx, § 89 . . . . 115 
 Foreign Attachment, argument of rule to dissolve, C. P. xxvii, 
 
 §112 122 
 
 bail to dissolve, not to be entered without notice to 
 
 plaintiff or his attorney, C P. xxi, \ 91 115 
 
 if plaintiff does not issue scire facias within three months 
 after judgment, attachment may be dissolved, C. P. 
 
 xxi, I 93 116 
 
 no property to be sold unless affidavit is made by plain- 
 tiff that the debtor demand is just, C. P. xxi, § 90 ng 
 notice of approval of security not required, C. P. xxxvii, 
 
 I 146 136 
 
 plaintiff may file interrogatories, C. P. xxx, § 92 . . . 116 
 plaintiff may take rule to answer interrogatories, C. P. 
 
 xxi, § 92 and notes 59 and 60 116 
 
 plaintiff to issue scire facias within three months, C. P. 
 
 xxi, I 93 116 
 
 rules relating to affidavits of defence apply to, C. P. 
 
 note 13 , 81 
 
 Garnishee, in attachment execution on judgment, may rule plain- 
 tiff to file interrogatories, C. P. vii, \ 10 84 
 
 interrogatories to, C P. xxi, <S 92 116 
 
 may rule plaintiff in foreign attachment to issue scire 
 
 facias, C. P. xxi, § 93 116 
 
 standing rule, requiring garnishee in attachment execu- 
 tion to answer is illegal, C. P., note 21 84 
 
 General Motion List. See motion list. 
 
 Ground Rent, service by publication of alias writ of summons, 
 
 C.P. xxxiiiS 137 133 
 
 Guardian, account of, audit of, O. C. ix § ? 4, 8 154, 155 
 
 ad litem, O. C viii§ 2 153 
 
 ad litem, appointment of, Eq- ii 'i 7 41 
 
XVI GENERAL INDEX. 
 
 PAGE 
 
 Guardian, ad litem, employment of counsel, O. C. viii § 2 153 
 
 appointment of, O. C. viii § 1 and note 4 152 
 
 certificate of appintment, O. C viii § 5 153 
 
 corporation as, O. C. viii § 4 153 
 
 discharge of, O. C. v \ § 1, 2, 3 150 
 
 executor or administrator of estate in which minor is 
 interested, not to be appointed, O. C. viii I 1 and 
 
 note 4 15 2 
 
 security of, O. C. viii §3 153 
 
 Habeas Corpus, notice in cases of, Q. S. x I 17 173 
 
 History of the case, what it must contain, S. C. xxi n 
 
 Hour List, cause on, not to be striken off without permission 
 
 of court, S. C. xli 23, 24 
 
 precedence of, S. C. xli 23 f 24 
 
 speeches of counsel, limited, S. C. xli 23, 24 
 
 suspended in Eastern District 25 
 
 to be kept, S C. xli 23, 24 
 
 what causes may be ordered on, S. C. xli 23, 24 
 
 Husband and Wife, service of bill in equity, when defendants,Eq.- 
 
 ii§9 41 
 
 Impertinence, see Scandalous Matter. 
 
 Indictments, bill of, to be numbered, Q. S. xi § 18 173 
 
 Infants, may sue by guardian or procheinami, Eq. ii % 7 41 
 
 when sued, fact of infancy to be stated, Eq. iv § 19 . . . 45 
 Injunction, bill for, need not be printed, when there is no time, 
 
 Eq. iii, § 14 44 
 
 notice of approval of security in special injunctions 
 
 not required, C. P. xxxvii, § 146 136 
 
 on hearing of application for, witnesses may be pro- 
 duced in court, Eq. xi, § 58 and note 60 
 
 petition for, to be printed, O. C. x, § 2 161 
 
 security to be entered on allowing of, Eq. xiii, § 75 . . 67 
 Insolvents, plaintiff taking benefit of insolvent law may be required 
 
 to enter security for costs, C. P. xvi, § 44 96 
 
 publication of petition to recovery assigned estate, 
 
 C P. note 20 84 
 
 publication of notice to creditors, C P. xxii, i 94. . . 116 
 
 service by, on creditors, C. P. xxii, § 95 116 
 
 Inspection, order for, note 71 
 
 Interlocutory Applications, costs on, Eq. xiii, § 77 67 
 
 on hearing of, witnesses may be produced in court, Eq. 
 xi, § 58 and note ' 60 
 
GENERAL INDEX. XV11 
 
 PAGE 
 
 Interlocutory Orders, may be made by court, or at chambers, 
 
 Eq. xiii, l 70 65 
 
 Interpleader, see Feigned Issue. 
 
 where rule for, is made absolute, feigned issue to 
 be formed, C. P. xx, § 89 114 
 
 Interrogatories, answers to, to be served Eq.' viii, I 43 .... . 53 
 
 copy of, to be served, Eq. vii, § 39 52 
 
 declining to answer, Eq. vii, § 40 52 
 
 defendant may file, Eq. vii, § 39 51 
 
 exceptions to, in depotitions or commissions, 
 
 Eq. xi, § 56 59 
 
 exceptions to be filed on declining to answer, 
 
 Eq. vii, § 40 52 
 
 failure to answer, Eq. vii, § 39 52 
 
 form of final interrogatory in depositions or 
 
 commissions, Eq. xi, § 57 and note ... . 59, 60 
 
 in commissions, C. P. xvi, ? 51 and note 42 . . 100 
 
 in equity, to be printed, Eq. iii, § 14 ...... . 43 
 
 must be filed in case of commission, Eq. xi, 
 
 § 55 58 
 
 nonpros to be entered, if plaintiff does not file, 
 in attachment execution when ruled to do 
 
 so, C P. vii, § 10 84 
 
 not to be included in bill, Eq. vii, § 39 51 
 
 part of pleadings, Eq. vii, § 39 52 
 
 plaintiff may be ruled to file, in attachment exe- 
 cution on judgment, C. P. vii, 5 10 .... 84 
 \ togarnishee in foreign attachment, C. P. xxi, ? 92. 116 
 when they may be filed, Eq. vii, $ 39 51 
 
 Inventory, production of, in auditing of account, O. C. ix, g 6. . . 155 
 
 Issue, see Feigned Issues. 
 
 form of, to be set forth in petition asking for issue devisavit vei 
 
 non, O. C. ii. I 3 146 
 
 is of right in divorce, before taking of testimony, C. P. xviii, 
 
 ,\ 70 and note 51 108 
 
 request for, before an auditor to be made in writing, C. P. 
 
 ix, i 23 88 
 
 Judges, assignment of, Q. S 169 
 
 to hear liquor license application, Q. S. xii, $ 22 174 
 
 Judgment, for want of affidavit of defence, C. P. iii, and notes 13, 
 
 14, 15, 16 80, 81, 82 
 
XV111 GENERAL INDEX. 
 
 PAGE 
 
 Judgment, may be taken for amount admitted to due in affidavit of 
 
 defence, C. P. note 13 80 
 
 on appeal from magistrate, default of defendant, C. P. 
 
 v, § 6 and note 18 83 
 
 security for costs cannot be required after, C P. note 30 96 
 
 entry of, by default, C. P. xxiii, § 95^ 117 
 
 requisites for entry of, on verdicts, C. P. xxiii, § 96. . . 117 
 by confession in amicable suits statement of cause of 
 
 action must be filed, C. P. xxiii, I 97 117 
 
 on warrants of attorney, C. P. xxiii, I 97, 98, 99 . .117, 118 
 warrant to confess, if over 10 years old and under 20 
 years, motion for leave toenter judgment must be 
 
 made, C. P- xxiii, § 99 1 18 
 
 warrant, if over 20 years old, rule to show cause must 
 
 be served on the debtor, C. P. xxiii I 99 118 
 
 for want of declaration or statement, C. P. xxxi i 126 . 126 
 
 for want of plea, C. P. xxxi, i 126 126 
 
 by default, setting aside of, C. P. xxxi, 1 126 126 
 
 motion in arrest of, paper book required in argument of, 
 
 Q. S. xiv, § 28 176 
 
 Judgment Index, 
 
 decree in equity for payment of money to be 
 
 entered in, Eq. xiv, § 80 69 
 
 Jurors, list of, Q. S. xii, g 19 173 
 
 Jury, challenge to the array when to be made, C. P. xxiv, I 102 . . 118 
 
 lists of jurors to be printed, C. P. xxix, g 100 118 
 
 trial by, in divorce, C. P. xviii, \ 70 108 
 
 when jury summoned on special venire is to appear, C. P. 
 
 xxiv, \ 104 119 
 
 Jury Fee, to be paid before judgment can be entered on verdict, 
 
 C P. xxiii, \ 96 117 
 
 Legal Intelligencer, newspaper for publication of notices, C. P. 
 
 xxxii, I 135 132 
 
 newspaper for publication of notices, O. C. 
 
 '"" xi 167 
 
 Letter of Attorney, See Attorney. 
 
 Letters Rogatory, form of, C P. xxv \ 105 119 
 
 may issue on application to take depositions, 
 
 C. P. xxv, § 105 119 
 
 Libel, 
 
 bail not required in action for, unless affidavit of cause ot 
 action is filed before issuing of writ, C. P. x, % 25 90 
 
GENERAL INDEX. XIX 
 
 PAGE 
 
 License Applications to sell liquor, 
 
 form of certificate, Q. S. xiii, § 26 175 
 
 hearing of, Q. S. xiii, § 21 174 
 
 list of, to be published, Q. S. xiii, §23 175 
 
 matters relating to, to be heard by the judges assigned, 
 
 Q. S. xiii, 8 27 176 
 
 remonstrances against, Q. S. xiii, \ 25 175 
 
 shall be by petition, Q. S. xiii, $ 24 175 
 
 to be granted for one year, Q. S. xiii, § 20 175 
 
 when granted clerk to give certificate, Q. S. xiii, § 25 . . . 175 
 
 when to be filed, Q. S. xiii, § 22 174 
 
 Liquors. 
 
 returns by constable of violations of law regulating sale of, 
 
 Q- S. vi, 5 9 171 
 
 Liquor License Applications. See License Applications. 
 Malicious Prosecution, 
 
 bail not required in action for, unless affidavit of cause of 
 action is filed before issuing of writ, C P. x, \ 25 . . . . 90 
 Magistrates. 
 
 affidavit to libel in divorce to be taken before, C. P. 
 
 xviii, §57 104 
 
 appeals from, C. P. vi, \\ 6, 6a and notes 18 and 19 . 83 
 declaration to be filed within twelve months after 
 appeal entered, C P. xxix, I 122 and note 67 . . . 125 
 
 certiorari to, C. P. xiv, \\ 41 and 42 95 
 
 right to treat transcript as declaration, C. P. note 67 . 125 
 
 rule on, to return certiorari, C. P. xiv, $42 95 
 
 Marriage, 
 
 time and place of, to be set forth in libel for divorce, 
 
 C. P. xviii, § 56 104 
 
 citizenship and domicile of parties, at time of, to be set 
 
 forth in libel, C. P. xviii, I 56 104 
 
 Master, 
 
 application for charter to be referred to, C. P. xv, \ 43^ . 95 
 appointment of standing masters in chancery, Eq. xii, g 62 . 62 
 
 assignment of error, to finding of, S. C. xxv 18 
 
 compensation of, Eq. xii, <S 62 62 
 
 compensation of, attachment for, O. C. ix, \ 17 e 158 
 
 compensation of, exceptions to, O. C. ix, \ 17 /, g . . 158, 159 
 
 compensation of, to be submitted, O C. ix, \ 17 g- 159 
 
 confirmation of report of, Eq. xiii, I 69 65 
 
 duty of, on reference of application for charter, C. P. xv, 
 
 I MY* ■ ■ • 95 
 
XX GENERAL INDEX. 
 
 page- 
 Master, exceptions to report of, Eq. xii, ? 69 65 
 
 in divorce, see Divorce. 
 
 matter referred, to be presented within ten days to, Eq. xii, 
 
 3 63 63 
 
 may require security for costs, O. C. ix, ? 17 / 160 
 
 motion for appointment of, to be in writing, C. P. ix, \ 21 . 88 
 not to retain report as security for compensation, Eq. xii, 
 
 I 62 62 
 
 powers and duties of, Eq. xii, \ \ 64, 65, 67 63, 64 
 
 reference to, if bill contains scandalous matter, Eq. iv, J 15 . 44 
 
 refusal of, to proceed, Eq. xii, \ 64 and note 63 
 
 removal of, note \ 62 62 
 
 report of, confirmation of, O. C. ix, \ 17 / 160 
 
 report of, not to be retained as security for compensation, 
 
 O. C. ix, I 17/ 158 
 
 to be notified of appointment, O. C ix, \ 17 k 160 
 
 when attachment may issue to collect compensation of, 
 
 note \ 62 62 
 
 Middle District, see Districts of Supreme Court. 
 Money, see Payment of. 
 
 Motion List, one counsel on each side to be heard in argument 
 
 of cases on, C. P. xxvii, jj 113 122 
 
 Motion List, Current, 
 
 calling of, C. P. xxvii, \ 107 121 
 
 calling of, O- C. ix, \ 10 15& 
 
 cases on, not answered to, to be placed on De- 
 ferred Motion List, C. P. xxvii, § 108 .... 121 
 Motion List, Deferred, 
 
 calling of, C. P. xxvii, j> 107 121 
 
 cases on Current Motion List not answered- lo, to 
 
 be placed on, C. P. xxvii, \ 108 121 
 
 cases on, not answered to, to be placed on Gen- 
 eral Motion List, C P. xxvii, ? 109 . . P . . 121 
 Motion List, General, 
 
 calling of, in C. P. 2, C. P. note 65 121 
 
 calling of, in C. P. 4, C P. note 65 . . . ... 121 
 
 cases not answered to, C P. xxvii, \ no . ... 121 
 
 what cases to be put on, C. P. xxvii, \ 109 and 
 
 note 65 121 
 
 Motion List, New Trial, 
 
 motion for rule for, to be placed on, C. P, xxviii, 
 $ 121 124 
 
GENERAL INDEX. XXI 
 
 PAGE 
 
 Motions, filing of, Eq. i, g g i and 2 39 
 
 for appointment of auditor, examiner, etc., to be in 
 
 writing, C P. ix, g 2r 88 
 
 for appointment of master in divorce, C. P. xviii, g 72 . 109 
 
 for new trial, C. P. xxviii, g g 120, 121 . 124 
 
 in road cases, Q. S. xviii, g 40 ... 179 
 
 not of course, how made, Eq. xiii, g 73, note 66, 67 
 
 of course in equity, Eq. xiii, § 72 66 
 
 paper books required on argument of, Q. S. xiv, g g 28, 29. 176 
 
 to be in writing, C P. xxvii, g 111 121 
 
 to be placed on Current Motion List, O. C ix, g n 156 
 
 to take off non-suit, C. P. xxviii, g 120 . . . . • . 124 
 
 when to be heard, O. C. ix, g 10 ... 156 
 
 when to be placed on list, O. C. ix, g 12 157 
 
 Naturalization, fees for, C P. g 119^ 123 
 
 when application for, to be heard, C. P. g ng}4 • 123 
 
 New Trial, argument of motion and rule for, C. P. xxvii, g 117 . . 123 
 copy of reasons for, to be given to judge, C. P. xxvii, 
 
 I 117 123 
 
 in argument of rule for, one counsel only to be heard, 
 
 Q. S. xv, g 31 • 177 
 
 motion for rule to be placed on New Trial Motion List, 
 
 C. P. xxviii, I 121 124 
 
 paper book required in argument of motion for, Q. S. 
 
 xiv, g 28 176 
 
 rule for, to be placed on New Trial, Argument List, 
 
 C. P. xxviii, g 121 124 
 
 rule for, Q. S. xv, g 32 177 
 
 when reasons for, to be filed, C. P. xxviii, g 120 . . 124 
 when motions for to be made, C P. xxviii, g 120 . . . 124 
 Non Pros, if assignments of error are not filed on or before third 
 
 day of term, S. C. xii 6 
 
 if declaration is not filed within twelve months, C. P.xxix, 
 
 g 122 and note 67 125 
 
 if declaration or statement is not filed within fifteen days 
 
 after service of rule, C. P. xxxi, g 126 126 
 
 if parties not ready for argument when case is called, 
 
 S. C. ii 1 
 
 if plaintiff in error, or appellant violates the rules relat- 
 ing to paper books, S. C. xxx, xxxi . 20, 21 
 
 if plaintiff in attachment execution onjudgment does not 
 
 file interrogotaries, when ruled to do so, C. P.vii, g 10 84 
 if record is not returned on return day, S. C. xii . . . . 6 
 
XX11 GENERAL INDEX. 
 
 PAGE 
 
 Non-Res i dents, non-resident plaintiff to give security for costs, 
 
 C. P. xvi, \ 44 and notes 31 and 32 96, 97 
 
 service of bill in equity on, Eq. ii, $ n, 12 ... . 42 
 service of bill of discovery on, C. .P. xi, \ 32 . . . 91 
 service of writs on, C. P. xxxviii, £ 136, 137 . . 132, 133 
 service of copy of statement on, C. P. xxxi, \ 126a 127 
 Non-Suit, bill of exceptions to be presented within ten days after, 
 
 ,C. P. xii, \ 34 92 
 
 in default of entry of security for costs, C. P. xvi, <S 44 and 
 
 note 33 96, 97 
 
 motion to take off, C. P. xxviii, I 120 124 
 
 to be entered if defendant in bill of discovery to aid pro- 
 ceedings at law is the plaintiff in the law proceed- 
 ings and does not answer the bill, C. P. xi, § 32 . . . 91 
 Notary, not to take affidavit of attorney in the cause, C. P. ii \ 3 . 80 
 
 Notice, copies of notice of special matter of defence to be filed, 
 
 C. P. xxxi I 126c 128 
 
 in divorce, not to be served by libellant or next friend C- P. 
 
 xviii \ 87 114 
 
 no bail to dissolve foreign attachment, without notice to 
 
 plaintiff or his attorney, C. P. xxi \ 91 115 
 
 of appeals by plaintiff from Magistrate's Court, to be given 
 
 defendant, C. P. v \ 6a and note 19 83 
 
 of application for interlocutory order to be given, Eq. xiii 
 
 2 7o 65 
 
 of appraisement under exemption law to be given to 
 
 plaintiff's counsel, C. P. xix \ 88 114 
 
 of approval of security, C. P. xxxvii \ 146 136 
 
 of attorneys, to be in writing, S. C. viii and note 4 
 
 of exception to bail, C. P. x \ 29 90 
 
 of justifying bail or putting in new bail, S. C v 2 
 
 of justification of bail, Q. S. \ 2 170 
 
 of justifying or putting in new bail, C. P. x \ 30 91 
 
 of order for further time to be given, Eq. xiii \ 74 67 
 
 . of return of" commission or filing of deposition, C. P. xvi 
 
 § 55 102 
 
 of rule for commission, C. P. xvi \ 51 100 
 
 of settling bill of exceptions, C. P. xii \ 35 . . , 92 
 
 of settling bill of exceptions, Q. S. iv \ 5 170 
 
 of special matter of defence to be given, C. P. xxxi \ 126c 
 
 128, 129 
 
 of submitting decree to court, to be given, Eq. xiv § 79 . . 68 
 of taking deposition on rules to show cause, C P. xvi \ 54 . 102 
 
GENERAL INDEX. XX1U 
 
 PAGE 
 
 Notice of taxation of costs, C. P. xvi § 48 98 
 
 publication of, O. C xi 167 
 
 publication of, to creditors of insolvents, C P. xxii 
 
 I 94 116 
 
 service of, C. P. xxx § 124 126 
 
 service of, on attorney of record, O. C. iv g 2 148 
 
 student at law to give notice of preliminary examination, 
 
 C. P. viii f 12 85 
 
 to be given in habeas corpus cases, Q. S. x \ 17 173 
 
 to be published in Legal Intelligencer, C. P. xxxiij* 135 . . 132 
 
 to be in writing, C. P. xxx \ 123 126 
 
 to take deposition, C P. xvi \ 50 and notes 40 and 41. . 99, 100 
 where not required in approval of security, C. P. xxxvii 
 
 g 146 136 
 
 Orphans' Court, adoption of equity rules, O. C. x \ 2 and note 10. 161 
 
 sessions of, O. C. ix \ \ 10, 13 156, 157 
 
 terms of, O. C. ix{S 1 154 
 
 Paper Books, see Notes. 
 
 brief of argument S. C. xxv 18 
 
 contents of paper book, in error to judgment on a 
 
 verdict, S. C. xvii and notes 1, 2, 3 and 4 . ... 8, 9 
 contents of paper book, in error on case stated, 
 
 S. C. xviii 9 
 
 contents of appellant's paper book, S. C. xix and 
 
 notes 1, 2 10 
 
 contents of paper book, of defendant in error, or 
 
 appellee, S. C xxvii 19 
 
 contents of paper book, in certiorari to Court of 
 
 Quarter Sessions or Oyer and Terminer, S. C 
 
 xx and note 1 10, n 
 
 containing scandalous matter will be suppressed, 
 
 S- C. xxxi and note 21 
 
 cover of, S. C. xxxii 21 
 
 form of, C- P. xxvii \ 115 122 
 
 form of, Q. S. xiv \ 30 176 
 
 history of case, make-up of, S. C. xxi 11 
 
 in contested election cases to be printed, C. P. xxvii 
 
 2 115 I22 
 
 in contested election cases to be printed, Q. S. xiv 
 
 \ 3° I 76 
 
 in exceptions to adjudication, O. C. x \ 15 157 
 
 number of copies to be filed, S. C. xxviii, xxix . 19, 20 
 of over 20 pages, to be indexed xxxii 21 
 
XXIV GENERAL INDEX. 
 
 PAGE 
 
 Paper Books, see Notes. 
 
 penalties for default in preparing or serving paper 
 
 book, S. C. xxx, xxxi 20, 21 
 
 required in arguments of motions, Q. S. xiv § ? 28, 29, 176 
 
 service of, in Philadelphia county, S. C. xxviii ... 19 
 
 service of, in other counties, S. C. xix 20 
 
 service of, in criminal cases, S. C xi a 6 
 
 shape and size of, xxxii 21 
 
 to be furnished by party entitled to begin, C- P- 
 
 xxvii I 114 122 
 
 Particulars, see Bill of. 
 
 Parties, appearance of, when not required, Eq. v \ r8 45 
 
 court may proceed without persons not in the jurisdic- 
 tion, Eq. vg2i 45 
 
 infants and persons not sui juris, Eq. v § 19 45 
 
 in suit to execute will, heir-at-law not a necessary party, 
 
 Eq. v \ 24 . 46 
 
 objection for want of, Eq. v \ \ 26, 27 47 
 
 trustees to represent parties beneficially interested in 
 
 real estate, Eq. v § 23 46 
 
 when numerous, how court may proceed, Eq. v, § 22 . . 46 
 
 without the jurisdiction, Eq. v \ 20 45 
 
 where principles, or sureties, Eq. v, \ 25 46 
 
 Partition, petition for, O. C- x \ 5 / . . . 162 
 
 decree for sale in, O. C x \ 5 163 
 
 Partnership, to be taken as admitted in suit against partner 
 
 unless denied by affidavit, C. P.i \ 2 and note n 79, 80 
 Payment of Money, bankers of Common Pleas Courts, C P. xxvi 
 
 \ 106 . . . 120 
 
 decree for, Eq. xiv j! 80 69 
 
 decree for, to be entered in judgment index,Eq. xiv \ So 69 
 
 duty of sheriff, C. P. xxvi \ \af> 120 
 
 execution to issue to enforce decree for, Eq. xiv \ 83 . 70 
 
 into court, C- P. xxvi \ 106 120 
 
 into court, O. C vi 151 
 
 orders for, Q. S. I 33 177 
 
 Petitions, copy of, to be served with citation, O. C. x, $ 11 . . . . 164 
 
 for appointment of guardian, O. C. viii, I 1 152 
 
 for discharge of administrator, O. C v, § 1 .... 150 
 
 for discharge of executor, O. C. v, I 1 150 
 
 for discharge of guardian, O. C. v, H 1, 2, 3 150 
 
 for discharge of trustee, O.Cv,ji . . 150 
 
 for injunction, to be printed, O. C. x, \ 2 161 
 
GENERAL INDEX. XXV 
 
 PAGE 
 
 Petitions, for partition, O. C x, g 5 162 
 
 for private sale of real estate, O. C. x, g g 12, 13, 14. . 165, 166 
 for review to be printed, O. C. x, \ 2 . . . . . .161 
 
 in road cases, Q. S. xviii and note 6 178 
 
 need not be printed, O. C. x, g \a 161 
 
 to be taken as confessed, if defendant does not appear 
 
 when cited, O. C. x, g \a 161 
 
 to be verified by affidavit, O. C. x, g 1 . .' 161 
 
 to enforce decree, O. C. x, g 8 163 
 
 to mortgage real estate, O. C x, g 3 162 
 
 to sell real estate, O. C. x, g g 3,4,10,12,13,14. 162, 164, 165, 166 
 
 iPlea, amendment of, Eq. vi, g 36 50 
 
 argument of, Eq. vi, g g 33, 34 5 o 
 
 dilatory plea to be filed within four days after return day and 
 
 to be sworn to, C. P. xxxi, g 127 130 
 
 ii frivolous or unfounded, decree pro confesso to be entered, 
 
 Eq. vi, g 37 50 
 
 in equity, to be printed, Eq. iii, g 14 43 
 
 must be supported by affidavit, Eq. vi, g 32 . . . . . 49 
 
 rule to plead, Eq. vi, g 29 29 
 
 rule to plead, C. P. xxxi, g 126 126 
 
 upon overruling of, defendant be permitted to answer, Eq. vi, 
 
 I 37 50 
 
 when not to be held bad, Eq. vi, g 35 . . . . 50 
 
 Pleadings, Equity. ( 
 
 all pleadings exceeding one hundred words to be printed, 
 
 Eq. iii, g 14 42 
 
 cost of printing to be allowed as costs, Eq. iii. g 14 . . 43 
 defendant may demur, plead or answer, Eq. vi, g 31 . . 49 
 defendant cannot plead or answer and demur to whole 
 
 bill or some part, Eq. g 31 and note 49 
 
 in case of poverty, need not be printed, Eq. iii, g 14 . . 43 
 in case of poverty, each party entitled to one written 
 
 copy, Eq. iii, g 14 43 
 
 interrogatories to be part of, Eq. vii, g 39 . . -52 
 
 parties entitled to ten copies of, Eq. iii g 14 43 
 
 rule to plead, answer or demur, Eq. vi, g 29 .... 48 
 
 Common Pleas. 
 
 affidavit of defence, C. P. iii, g g 4, 5 and notes 13, 14, 15, 
 
 16. 80, 81, 82 
 
 appeal from magistrate, C. P. xxxi, $ xi&e 130 
 
 ■copy of all pleadings to be served on opposite party, 
 
 C. P. xxxi 1 133 131 
 
XXVI GENERAL INDEX. 
 
 PAGE. 
 
 Pleadings, Common Pleas. 
 
 dilatory plea to be filed within four days and sworn to, 
 
 C. P. xxxi, I 127 130 
 
 non pros on failure to file declaration or statement within 
 
 15 days when so ruled, C. P. xxxi, g 126 .' 126 
 
 plea denying partnership, C. P. i, § 2 and note 11 . . . 79, 80- 
 rules to declare orplead,when to be entered, C. P. xxxi, \ 126 126 
 time of filing papers to be marked in docket, C. P. xxxi, 1 132 131 
 under plea of general issue, any defence specially plead- 
 able, is admissible, C P. xxxi, $ 126c 128 
 
 Orphans' Court, O. C. x 161 
 
 Points, for court to charge on, when to be presented, C. P. xl, \ 161 . 142- 
 paper book required in arguments of reserved points, Q. S. 
 
 xiv, \ 28 176- 
 
 Poverty, in case of, pleadings need not be printed, Eq. iii, \ 14 . . 43 
 
 Process. See Execution, Attachment, Writs of Assistance, Seques- 
 tration. 
 
 Prothonotary. Supreme Court. 
 
 to certify opinion, when cause is returned to lower 
 
 court for further proceedings, S. C. xvi 7- 
 
 to endorse on writs, rule to appear and plead, 
 
 S. C. xiv 7 
 
 to keep Hour List, S. C. xli 23, 24 
 
 to keep list for Short Causes, S. C. xxxv 22' 
 
 to post Short List, S. C. xl . . . . ... 23 
 
 Equity. 
 duties of, in equity proceedings, Eq. i, § § 2, 13. . 39, 42 
 to endorse time of filing of bill, Eq. ii, \ 5. . . . 40 
 
 to enter decree in docket, Eq. xiv, \ 79 ...... . 69. 
 
 to issue writ of assistance, Eq. xiv, I 82 69, 
 
 to enter motions, orders, etc., in equity docket, Eq. 
 
 xiii, 3 71 66 
 
 to give notice of filing of depositions, Eq. xi, § 56. 59 
 to give notice of filing of return of commission, 
 
 Eq- xi, \ 56 59 
 
 to keep equity docket, Eq. ii, § 13 42 
 
 Common Pleas. 
 may enterjudgment by default, C. P. xxiii. \ 95^ . 117 
 to be commissioners of bail in error, S. C. v . . . 2 
 to endorse on special venire, day set for trial, C. P. 
 
 xxiv, \ 103 118 
 
 to print list of jurors, C. P. xxiv, \ 100 118. 
 
GENERAL INDEX. XXV11 
 
 PAGE 
 
 Publication, divorce, of time and place of meeting, C. P. xviii, \ 75. 109 
 
 of accounts, O. C. ix, \ 3 153 
 
 of application for charter, C. P. xv, g 43 95 
 
 of application for examination by student at law, 
 
 C P. xiii, \ 40 94 
 
 of appointments of auditors, O. C. ix, \ V]c 158 
 
 of audit list, O. C. ix, g 3 153 
 
 of children's exemption, O. C. iii, I 2 148 
 
 of filing of assignees' and trustees' account, C. P. 
 
 vi, % 7 83 
 
 of filing of petition to reconvey assigned estate, 
 
 C. P. note 20 84 
 
 of list of liquor license applications, Q. S. xiii, § 24 . 175 
 of meeting for presenting claims against proceeds of 
 
 sheriff's sale, C. P. ix, I 22 88 
 
 of notices, O. C. xi 167 
 
 of petition for private sale of real estate to pay debts, 
 
 O. C. x, 11 13, 14 165, 166 
 
 of widow's claim, O. C. iii, \ 1 147 
 
 service by, in equity, Eq. ii, \ 12 42 
 
 service by, in divorce, C. P. xviii, \\ 63, 75 . . . 106, 109 
 service of writs by, C. P. xxxiii, \ \ 136, 137, 138 . 132, 133 
 
 Real Estate, account of proceeds of sale of, O. C. i, \ 2 145 
 
 Receiver, on application for appointment of, witnesses may be 
 
 produced in court, Eq. xi, g 58 and note ... 60 
 
 Recognizance, action on forfeited, Q. S. i, \ 1 169 
 
 form of, of bail in error, S. C. iv 2 
 
 to be given by defendant out on bail, before cer- 
 tiorari can issue, S. C. xi 4 
 
 Record, 
 
 in appeals, to be brought up before next term, S. C. xv . . 7 
 not to be taken from prothonotary's office, C. P. xxxiv, 
 
 $ 139 133 
 
 removal of, not allowed, Q. S. xvii, ? 36 178 
 
 return of, from magistrate, C. P. xiv, I 42 ....... . 95 
 
 to be returned on return day, or non pros., S. C xiii. ... 6 
 
 satisfaction on, C P. xxxiv, \ 141 133 
 
 supplying of lost, C. P. xxxi, \ 134 134 
 
 Referee, 
 
 report of, C P. xxxv, § 142 134 
 
 exceptions to report of, C. P. xxxv, \ 142 134 
 
 Register, see Appeals from. 
 
 Rehearing, petition for, Eq. xv, | 86 71 
 
XXVH1 GENERAL INDEX. 
 
 PAGE 
 
 Replevin, 
 
 if no appearance for defendant, plaintiff having filed decla- 
 ration may enter common appearance, C. P. xxxvi, 
 
 I 143 x 34 
 
 notice of approval of security, except between landlord 
 and tenant not required, C. P. xxxvii, I 146 136 
 
 Replication, 
 
 form of, Eq. ix, \ 47 55 
 
 general, when to be filed, Eq. ix, \ 47 55 
 
 may be filed in divorce, where answer introduces 
 
 new matter, C. P. xviii, § 68 108 
 
 may be filed or required, pending interrogatories, 
 
 Eq. vii, §40 52 
 
 no special, allowed, Eq. ix, \ 48 55 
 
 on failure to file, defendant may have rule, Eq. ix, \ 47 55 
 Residence, 
 
 entering security for costs, C. P. note 30 
 
 of libellant and respondent to be set forth in libels for 
 
 divorce, C. P. xviii, § 56 104 
 
 Return Day, in capital cases, first Monday of each month, S. C. xia 5 
 
 of different counties, S. C. xli 
 
 27, 28, 29, 30, 31, 32 and note 32 
 
 Review, petition for, to be printed, O. C. x, \ 2 161 
 
 Revivor, Bill of, amendments of original bill, in lieu of, Eq. x, \ 54 57 
 Road Cases, on certiorari, courts will not inquire into merits of 
 
 case, S. C. xxxiv 21 
 
 appeals in, from award of jury of view, C. P.Gen. Rules 
 
 iii, Q. S. xviii, \ 54 77. 183 
 
 petitions for in, Q. S. xviii and note 6 178 
 
 motions in, Q. S. xviii, \ 40 179 
 
 Satisfaction, of decrees, O. C xii 167 
 
 on record, C. P. xxxiv, \ 141 133 
 
 Scandalous Matter, paper book containing, will be suppressed, 
 
 S. C. xxxi and note 21 
 
 in equity pleadings, Eq. iv, \ 15 44 
 
 exceptions for, to be taken in writing, Eq. viii, \ 46 54 
 Scire' Facias, plaintiff in foreign attachment may be ruled to issue, 
 
 C. P. xxi, § 93 116 
 
 Security, approval of, O. C. xiii 167 
 
 attorney not to become, O. C iv, \ 3 149 
 
 exceptions to sufficiency of, on stay of execution, C. P. 
 
 xxxvii, \ 145 134 
 
 for costs, see Costs. 
 
GENERAL INDEX. XXIX 
 
 PAGE 
 
 Security, form for, C. P. xxxvii, 1 146 . 135 
 
 form of application, O. C. xiii 167 
 
 justification of security to stay execution, C- P. xxxvii, 
 
 3 145 135 
 
 notice of time and place of approval to be given, C. P. 
 
 xxxvii, \ 146 136 
 
 of guardians, O. C. viii, \ 3 153 
 
 of trustees, O. C. viii, \ 3 153 
 
 reports not to be retained as, for compensation, O. C. ix, 
 
 \ 17/ 158 
 
 stay of execution on entry of, C. P. xxxvi, \ 144 .... 134 
 
 to be approved, C. P. xxxvii, \ 146 136 
 
 to be entered on allowing of injunction, Eq. xiii, \ 75 . . 67 
 when notice of approval net required, C P. xxxvii, \ 146 136 
 
 Sequestration, 
 
 payment of costs enforced by, Eq. xiii, \ 77 and note ... 68 
 when to issue to enforce obedience to decree, Eq. xiv, 
 
 H8i,8 3 69, 70 
 
 Service, affidavit of manner of service of rule for final decree in 
 
 divorce to be filed, C. P. xviii, \ 86 113 
 
 affidavit of service in divorce required, C P. xviii, \ 62 . 106 
 copy of all pleading to be served on opposite party, 
 
 C. P. xxxi, I 133 131 
 
 in divorce by publication, C. P. xviii, \ 63 106 
 
 of bill of discovery on non-resident, C. P. xi, \ 32 . ... 91 
 of bill of discovery on attorney of record, C. P. xi, § 32 . 91 
 
 of bill in equity, Eq. ii, $ g 11, 12 42 
 
 of citation, O. C. x, gfjia, 11 161, 164 
 
 notice to take depositions, C P. xvi, \ 50 and notes 40 
 
 and 41 99) IO ° 
 
 of notice of meeting in divorce, C. P. xviii, § ? 74. 75 ■ • • 109 
 of notices and rules in divorce not to be made by libel- 
 
 lant or next friend, C. P. xviii, § 87 114 
 
 of notices, C- P- xxx, \ 124 126 
 
 of rule for commission, C. P. xvi, § 51 100 
 
 of rule for final decree in divorce, C. P. xviii, % 8$ . . . . 113 
 
 of statement of claim, C- P. xxxi, \ 126 a 126 
 
 of subpeena in divorce, when respondent is within the 
 
 county, C P. xviii, \ 60 ■ 105 
 
 of subpeena in divorce, when respondent is out of the 
 
 county, C P. xviii, g 61 105 
 
 of writs by publication, C. P. xxxiii, § I 136, 137, 138 . 132, 133 
 on attorneys not having office in county, C. P. viii, \ i<>%. 87 
 
xxx general index. 
 
 page: 
 Set Off, notice of, to be given unless set forth in plea, C. P. xxxi, 
 
 3 131 131 
 
 Sheriff, advertisement of writs of venditioni exponas and levari 
 
 facias C- P. xxxiii, {! 138 133 
 
 duty of, with regard to money paid into court, C. P. xxvi, 
 
 I 106 ... 120 
 
 service of respondent in divorce by publication, C. P.. 
 
 xviii, g 63 106 
 
 to deputize sheriff of county where respondent lives, to 
 
 serve subpoena, C. P. xviii, \ 61 105 
 
 to give notice to plaintiff's counsel of appraisement under 
 
 exemption law, C. P. xix, § 88 114 
 
 to return fines collected, Q. S. xix, \ 55 . . . 183 
 
 to serve subpoena in divorce, C. P. xviii, \ 60 105 
 
 Sheriff's Deeds, 
 
 before acknowledgment of, process to be returned, 
 
 C. P. xxxviii, \ 147 137 
 
 deeds to be recorded, C. P. xxxviii,? 150 .... 139 
 return of sheriff upon process to be read in open 
 
 court, C. P. xxxviii, \ 149 137 
 
 to give notice of acknowledgment of deed to per- 
 sons claiming interest in fund, C. P. xxxviii, 
 
 \ *49 137 
 
 when to be acknowledged, C. P. xxxviii, \ 148. . 137 
 
 Sheriff'sJOfficer, not to be special bail without leave of court, 
 
 C. P. x, g 28 and note 26 90 
 
 Sheriff's Sale, argument on rule to set aside, C. P. xxvii, \ 119 . . 123 
 
 exceptions to, C. P. xxxviii, \ 149 137 
 
 exceptions to, may be referred to auditor, C. P. 
 
 xxxviii, \ 149 138 
 
 publication to be made of meeting for presenta- 
 tion of claims against proceeds of sheriff's sale, 
 
 C. P. ix, I 22 88 
 
 Short List, speeches of counsel in cases on Short List, limited, 
 
 S. C. xxxix 22 
 
 to be kept, S. C. xxxv 22 
 
 to be posted, S. C. xl 23 
 
 what cases to be put on, S. C. xxxvi 22 
 
 when to be called, S. C. xxxvii 22 
 
 when to be taken off, S. C. xxxviii 22 
 
 Slander,- bail not required in action for, unless affidavit of cause of 
 
 action is filed before issuing of writ, C. P. x, \ 25. . . 90 
 
GENERAL INDEX. XXXI 
 
 PAGE 
 
 Special Matter, copy of notice to be filed, C. P. xxxi gi26c .... 129 
 notice of, to be given, C. P. xxxig 126c . . 128,129 
 
 under plea of set off, C. P. xxxi \ 131 131 
 
 State Reports, 
 
 if authorities cited are in, must be cited by volume 
 
 of State Report, S. C. xxvi . . 19 
 
 Statement of Claim. 
 
 affidavit of service of, to be filed, C. P. xxxi \ 126a 128 
 copy of, to be served on defendant fifteen days be- 
 fore moving for judgment for default, C P. 
 
 xxxi \ 126a 127 
 
 demurrer to, C. P. 2, 3 and 4, C. P. xxxi § 126a? . . 129 
 if residence of defendant is unknown, copy of, 
 may be left with Prothonotary, C. P. xxxi 
 
 \ 126a 127 
 
 on failure to file, within fifteen days when so ruled, 
 
 judgment of non pros, C. P. xxxi \ 126 . . . • . 126 
 requisites of, C. P. xxxi \ 126b and note 74 . ... 128 
 rule for more specific, C. P. xxxi g i26d and note 77 129 
 service of copy on non-resident defendant, C. P. 
 
 xxxi g 126a 127 
 
 to be supported by affidavit, C. P. xxxi \ 126b and 
 •notes 74 and 75 128 
 
 Stenographer, duties of, O. C. xiv 168 
 
 Students at Law, course of study, obligatory, note 93 
 
 course of study, recommended, note 94 
 
 final examination, C. P. xiii § 36 92 
 
 preliminary examination of, C. P. viii g 12 . . . 85 
 publication of application for examination, 
 
 C. P. xiii $ 40 94 
 
 registry of, C. P. viii \ n 85 
 
 Subpcena, duces tecum not to issue without special order, C. P. 
 
 xxxix $151 ' • 139 
 
 for witness, O. C. vii | 2 151 
 
 when to be taken out, C. P. xxxix \ 152 139 
 
 when to be taken out, Q. S. xxi § 67 185 
 
 Supersedeas, writ of error not to, if bail excepted to is not justified 
 
 or new bail put in, S. C. v 2 
 
 Supplemental BiLLS,amendments to original bill in lieu of, Eq. x \ 54, 57 
 
 Sureties, see Security. 
 
 Terms; of Supreme Court, S. C xiii, and note. . 26, 27, 28, 29, 30, 31, 32 
 
XXX11 GENERAL INDEX. 
 
 PAGE 
 
 Tipstaves, appointment of, Q. S. xx, \ 56 183 
 
 uniform, Q. S. xx, \ 57 J84 
 
 restrictions, Q. S. xx, \\ 58, 59, 61, 62 184 
 
 Transcript, from magistrates, treated as declaration, C P. note 122. 125 ' 
 Trespass, vi et armis, bail not required in actions, unless affidavit 
 
 of cause of action is filed before issuing of writ.C. P. x, \ 25 90 
 bail in more than $500 not required, without alloca- 
 tur, C. P. x, I 27 9» 
 
 Trial, continuance, C P. xl, §g 153, 154, 155 . . . ... .140,141 
 
 in criminal cases, Q. S. xxi 185 
 
 no continuance unless subpcena was taken out five days 
 
 before day set for trial, C. P. xxxix, (S152 139 
 
 speeches, C. P. xl, \ 158 141 
 
 Trial List, omission of cause from, C. P. xli, \ 165. ... . . 144 
 
 placing of causes on, C. P. xli, $ 163 and note 88 . 144 
 
 precedence of cause for wages of manual labor, C. P. 
 
 xli, i 165 145 
 
 Trover and Conversion, requisites of affidavit to hold to bail in, 
 
 C. P. x, I 26 90 
 
 Trustees, certificate of appointment, O. C. viii, ? 5 153. 
 
 corporation as, O. C. viii, \ 4 153 
 
 discharge of, O. C. v, \ j ... . 150 
 
 exceptions to account of, C. P. vi, \ 7 . 84 
 
 publication of filing of account of, C. P. vi, g 7 83 
 
 security of, O. C. viii, §3 153 
 
 to represent parties beneficially interested, in suit con- 
 cerning real estate, Eq. 5, § 23 . 4& 
 
 University of Pennsylvania, admission of graduates of, in Su- 
 preme Court, S. C. vi 3 
 
 admission of graduates of, in C. P., C. P. viii, \ 18. . . 87 
 Venire Facias, every special writ of, to have day of trial endorsed 
 
 thereon, C. P. xxiv, § 103 118 
 
 when jury summoned on special venire is to appear, 
 
 C. P. xxiv, \ 104 ■ ■ • 1 19 
 
 Verdict, bill of excepiion to be presented within ten days after, 
 
 C P. xii, \ 33 92 
 
 requisites for entry of judgment after, P. C. xxiii, \ 96 . 117 
 Wages, claim for, not to be placed at head of Trial List without 
 
 order of court, C. P. xli, \ 164 144 
 
 Warrant of Attorney, over 10 years and under 20 years old, 
 motion for leaye to enter judgment must be made, 
 C. P. xxiii, I 99 118 
 
GENERAL INDEX. XXX111 
 
 PAGE 
 
 Warrant of Attorney, over 20 years old, rule to show cause 
 
 must be served on debtor, C. P. xxiii, | 99 118 
 
 rule requiring statement of cause of action to be filed in 
 amicable confession of judgment not to apply to 
 
 judgment on, C. P. xxiii, §97 117 
 
 where part of lease, filing copy of lease is sufficient, 
 
 C. P. xxiii, g 98 118 
 
 Western District, See Districts of Supreme Court. 
 
 Widow's Claim, advertisement, O. C. iii, 2 1 147 
 
 appraisement in, O. C. iii, §1 147 
 
 exceptions, O. C. iii, Si 147 
 
 petition for, O. C- iii, §1 147 
 
 Wills, in suit in equity, to execute, heir at law need not be a 
 
 party, Eq. v, I 24 46 
 
 Witnesses, bill of costs for attendance of, to be filed within four 
 
 days after continuance or trial, C. P. xvi, I 44^ . . 97 
 depositions of, C. P. xvii, 1 1 49 to 55 . . . .98, 99, ioi, 102 
 
 depositions of, O. C. vii, U 1, 2 151, 152 
 
 depositions of aged, infirm or going witnesses, C. P. 
 
 xvii, § 50 99 
 
 detention of, for purpose of noting testimony, C. P. xl, 
 
 § 157 Mi 
 
 detention of, for purpose of noting testimony, Q. S. 
 
 xxi, I 68 . '. 185 
 
 examination of, before examiner, Eq. xi, \ 59 . . . . 60 
 
 examination of, in criminal cases, Q. S. xxi, \ 66 . . . 185 
 
 examination of, in divorce, C. P. xviii, \\ 78, 79 . . . . 11 1 
 may be produced in court on interlocutory applications, 
 
 Eq. xi, \ 58 and note .' 60 
 
 payment of fees, Q. S. xvi, \ 34 177 
 
 subpoena for, C. P. xxxix, \ 152 139 
 
 subpoena for, O. C. vii, g 2 152 
 
 to appear before examiner, Eq. xi, \ 59 60 
 
 Writs, service of, by publication, C P. xxxiii, § 136 132 
 
 of alias summon, in ground rent, C. P. xxxiii \ 137 133