j%7 (JnrnpU Slam ^rlynnl ICibtaty KFP 529!a™186T""* "'""' '*"^lu« Duties of, IJX Closing of examination LIX EXCEPTIONS. To answers to interrogatories, XL, XLIII Argument of, XLIX Time for filing, XLIV, XLVI To be printed, XLIV If allowed, defendant to answer, XLV Or attachment may issue, XLV Form of exceptions XLVI Hearing of, XLVI To execution of commission, or taking of depositions, . LVI To master's reports, LXIX Hearing of. LXIX To draft of decree LXXIX EXECUTION. Attachment, LXXXI, LXXXIII Sequestration LXXXI Writ of assistance, LXXXII When common law writ to issue LXXXIII EXECUTORS AND ADMINISTRATORS. How to be made parties LIV FORMA PAUPERIS. When poverty to dispense with printing of pleadings, . XIV Fairly written copies to be served in such cases, . . XIV The other party may print XIV Court may make order for payment of expenses, . . XIV bo INDEX TO RULES OF EQUITY PBAOTICE. FRAUD. Plea denying fraud, must be supported by answer, . . XXXI GUARDIANS AD LITEM. Appointment of, ■. VII HEIRS AT LAW Need not be made parties to suits to execute the trusts of a will, , . XXIV May be made parties if plaintiff desires to bind them, . XXIV HUSBAND AND WIPE. Service of process on IX IMPERTINENCE. Reference of bill for impertinence, XV , Impertinent matter to be expunged at plaintiffs expense, XV If not impertinent, defendant to be entitled to costs, . XV Court or law judge may decide without reference, . . XV INFANTS. May sue by guardian or prochein ami, .... VII Fact of infancy to be stated XIX INJUNCTION. Injunction bills may be filed before printing, on cer- tificate of want of time, XIV Printed copies to be filed and served within twenty days, XIV In default bill to stand dismissed, XIV On motion for, witnesses to be examined in court, . . LVIII Cautionary orders not to be allowed, .... LXXV Injunction granted without notice to be dissolved unless argued within five days, LXXV INTERLOCUTORY APPLICATIONS. When witnesses to be examined in court, . . . LVIII Powers of judges to grant, at chambers, . . . LXX To be entered on the docket, LXXI Hearing of, LXXIII Order allowing further time, only to be made on notice, LXXIV INTERROGATORIES. To be printed XIV Exceptions XIV Each party to be entitled to ten copies XIV Not to be inserted in bills XVII, XXXIX To be filed separately XXXIX Defendant may interrogate plaintiff, .... XXXIX When interrogatories may be filed, XXXIX To be divided and numbered, XXXIX Particular interrogatories which each defendant is to answer, to be noted, XXXIX INDEX TO EULES OF EQUITY PEACTICB. 69 INTERROGATORIES- continued. To be part of the pleadings, XXXIX Service of copy, XXXIX Rule to answer, XXXIX Attachment to compel answer, XXXIX What defendant may decline to answer, .... XL Argument thereof, as on exception for insufiBciency, . XL Exceptions to answers to interrogatories, . . XL, XLIII For commission to examine witnesses LV Form of last interrogatory, LVII JOINT AND SEVERAL. Plaintiff may proceed against one or more jointly and severally liable, XXV Defendant may file cross-bill against the other parties, . XXV Who may make themselves parties to the original action, XXV MASTERS. To report on reference for impertinence or scandal, . XV Appointment of, LXII Compensation, LXII Not to retain report as security, LXII How payment of compensation enforced, . . . LXII Hearings before LXIII Duties of, LXIV Powers of, LXV Accounting before, LXVI Power of, to examine the parties, LXVII Evidence before LXVIII Exceptions to reports of, LXIX Filing of reports of, LXIX Hearing of exceptions LXIX NISI PRIUS. To have original cognizance of equity cases in the '* eastern district, . . . . . . . . Ill NON-RESIDENTS. Service of process on, XI, XII Fact of non-residence to be stated, XX NOTICE. All notices to be in writing, LXXI ORDERS. Making of interlocutory orders, LXX Motions and rules of court, LXXII To be entered in the equity docket, LXXI Motions for, LXXIII Hearing of motions for LXXIII Orders for further time, to be made, on notice, . . LXXIV Cautionary orders in injunction bills not to be made, . LXXV When rules and orders to expire in Philadelphia, . . LXXVI In whose favor, and against whom enforced, . . LXXXIV 70 INDEX TO EULES OF EQUITY PRACTICE. PARTIES. Nominal parties need not appear and answer unless spe- cially required, XVIII But to be bound by the proceedings, .... XVIII If required to answer, to be entitled to costs, . . . XVIII Infants and parties not sui juris, XIX Non-residents, XX Where certain proper parties may be omitted, . . XXI Decree to be without prejudice to their rights, . . XXI When parties may represent numerous classes, . . XXII Trustees to represent parties beneficially interested, . XXIII When heirs at law to be made parties, .... XXIV In suits on joint and several demands, .... XXV Decree when objection for want of parties is made at the hearing, XXVI When cause may be set down for hearing on objection for want of parties, ' . . XXVII Proceedings where defect of parties is apparent at the hearing, • . . . XXVII PLEADINGS. To be printed, XIV Bach party to be entitled to ten copies, .... XIV Exceptions in case of poverty, and of injunction bills, . XIV Unprinted pleadings not to be allowed to be filed, . . XIV Rule to plead, demur or answer XXIX Plea, demurrer and answer may be joined, . . . XXXI When plea to be supported by answer, .... XXXI Demurrers and pleas to be supported by affidavit, . . XXXII Plaintiff may set down demurrer or plea for argument, . XXXIII Or take issue on plea, .... . . XXXIII Effect of issue determined for defendant, . . . XXXIII When defendant may set down demurrer or plea for argu- ment XXXIV Demurrer or plea not to be held bad because not exten- sive enough XXXV Or because answer extends to some part of the same matter, XXXV On demurrer or plea being allowed, plaintiff may amend by leave, XXXVI If disallowed, defendant to answer, .... XXXVII In default, decree pro confesso, .... XXXVII Or where plea or demurrer is held vexatious, . . XXXVII Replication may be filed before answers to interrogato- ries or pending exceptions thereto, .... XL Demurrer, plea, or answer to amendments, . . . LII PRACTICE. Of English Court of Chancery, when to prevail, . LXXXVIII PRINCIPAL AND SURETY. Plaintiff may proceed against one or more jointly and severally liable, XXV Defendant may file cross-bill against the other parties, . XXV Who may make themselves parties to the original cause, XXV INDEX TO RULES OF EQUITY i'RACTICE. 71 FEINTING. All pleadings to be printed XI Y, XLIV Exceptions XIV When amendments to be printed, XIV Expense of, to be allowed as costs XIV PEOOESS. Form of original process, VI How served, VIII, XII In special eases VIII On husband and wife, IX On corporations, X On the commonwealth, . . .... X On non-residents, XI, XII PEOOHEIN AMI. Infants, &c., may sue by, VII FEO CONPESSO. Decree pro con fesso, in default of appearance, . . XIII Proceedings on decree pro confesso, .... XXIX When to be deemed absolute, XXX PEOTHONOTAEY. To be in attendance daily during office hours, . . II To enter suits pending, XIII To enter service of process, XIII Duty of, in reference to these rules, . . . LXXXIX- PUBLICATION. Of subpcena to non-residents XII EBCEIVBE. On motion for, witnesses to be examined in court, . . LVIII EEHEAEING. Form of petition for LXXXVI When to be allowed, LXXXVI Effect of, LXXXVI BELIEF. Prayer for, to be divided and numbered, .... XXII EEPLICATION. May be filed before answer to interrogatories or pending exceptions thereto, XL Time for filing, XLVII Eule to reply, XLVII Effect of failure to reply XLVII Form of, XLVII Special, not to be allowed XLVITI But plaintiff to amend, XL VIII 72 INDEX TO RULES OF EQUITY PEACTICE. SCANDAL. Reference of bill for scandal, Scandalous matter to be expunged at plaintiff's expense, If not scandalous, defendant to be entitled to costs. Court or a law judge may decide without reference, SEQUESTKATION. When to issue on decree. XV XV XV XV LXXXI, LXXXIII VIII, XII VIII IX X X XI, XII XIII SBBVIOB. Of process on defendants. In special cases, On husband and wife, On corporations. On the commonwealth. On non-resident defendants. Proof of, to be entered, SUBPOENA. To non-residents, form of, XI SUITS. Not to be deemed pending, until bill filed, ... V SUPPLEMENTAL BILLS. Subject matter of, to be introduced by amendment, . LIV Service on new parties, LIV SUPREME COURT. To take original cognizance of equity cases, except in the eastern district, IV TRUSTEES. To represent parties beneficially interested, . . . XXIII Cestuis que trust need not be made parlies, . . . XXIII Court may direct such persons to be made parties, . . XXIII WILLS. Heirs at law need not be made parties to suits to execute the trusts of a will XXIV Plaintiff may make them parties, in order to bind them, . XXIV WITNESSES. How examined, on deposition, or commission, . . . LV When to be produced in court on interlocutory applica- tions LVIII Examination of, LIX May be affirmed, LX RULES OF THE ORPHAKS' COURT. EULE I. Sec. 1. Every bill for the specific performance of contract concerning real estate shall set forth, under oath, the facts upon which the petitioner relies for relief, and shall contain the names of all parties interested in the estate which is the subject of the contract, their place of residence, if known, and the names of the executors or administrators of the de- cedent. Sec. 2. The process awarded by the court shall be in the form of a subpoena in chancery (omitting the penalty), and shall contain an abstract of the contract as set forth in the bill. RULE IT. Sec. 1. The parties served with process must appear at the time specified for hearing, and answer or demur, otherwise the court will make orders to enable the petitioner to procure testimony, and, after hearing the same, make such decree as shall be equitable and proper under the circumstances. EULE III. Sec. 1. Every petition for a review of administration or guardian accounts, or of any order or decree of this court, shall contain the special matter on which such review is applied for, and the facts therein stated shall be verified by the oath of the party or some person who has a knowledge thereof. 74 RULES OF THE ORPHANS' COURT. RULE IV. Sec. 1. Process in this court shall be returnable to the term to which it is issued, unless otherwise ordered, and may be executed by the Sheriff or any other per- son ; but affidavit in writing must be made of the time and manner of service thereof. EULE V. Sec. 1. Where, in lieu of personal service, notice . shall be directed by the court, by publication in the newspapers, affidavit of compliance with such order must be filed previous to any subsequent proceedings. EULE VI. Sec. 1. All motions made by counsel shall be put in writing and delivered to the clerk. They shall set forth the suit or matter on which the motion is made, and the date of the delivery shall be indorsed by the clerk, and entered on the docket. EULE VII. Sec. 1. In all cases where an auditor shall be ap- pointed to marshal assets or distribute a fund, notice of the time and place of hearing shall be given by the auditor, by advertisement in one newspaper printed in the county, for four successive weeks. And in this notice, all persons shall be required to present their claims before such auditor or be debarred from coming in for a share of such assets or fund. EULE VIII. Sec. 1. On the first stated day on which accounts come up from the register's office for confirmation and allowance, they shall be confirmed nisi; and on the third day of the next succeeding term, unless excep- tions are filed, they shall be confirmed absolutely. When exceptions are made to an account, the court EULES OF THE ORPHANS COURT. 75 will refer it to an auditor to adjust ; and unless it is submitted to the auditor within three months from his appointment, the exceptions will be stricken off, and the account confirmed. EULE IX. Sec. 1. Reports of auditors and of sales, made by order of the court, will be confirmed nisi at the term to which they are returned, and if exceptions are not filed by the third day of the next term, the court will then make the proper decree in relation thereto. If exceptions are filed before that day, they shall be placed on the argument list for disposition at the same term. RULE X. Sec. 1. Accounts of guardians shall not be con- firmed, unless it is shown to the satisfaction of the court that their wards have had notice in writing of the presentment thereof. RULE XL Sec. 1. "An appraisement of property set off by an executor or administrator to the widow or children of a decedent under existing laws, shall be presented to the Orphans' Court at any regular term thereof. Upon being so presented, the court will order the same to be filed and approved nisi. If no exceptions be filed by the thii'd day of the next term, the same will be confirmed absolutely." EULES IN QUARTER SESSIONS AND OYER AKD TERMINER. EULE I. Sec. 1. A rule to take depositions to be read upon the hearing of questions to be decided solely by the court, may be entered by any party interested, stipu- lating not less than five days' notice to the adverse party, or his attorney. RULE II. ■ Sec. 1. All testimony in road and poor cases shall be laid before the court by depositions. EULE III. Sec. 1. Exceptions to the reports of all viewers and commissioners must be filed within thirty days after the filing of such reports, otherwise they will be stricken from the record. RULE IV. Sec. 1. When a proceeding -to obtain a road, or bridge, or the division of a township, or erection of a new township, has failed, another view or commission for the same object shall not be granted, until after the expiration of one year from the time of such failure. EULE V. Sec. 1. Bills of cost shall be retaxed as in the Com- mon Pleas. 78 RULES IN QUARTEE SESSIONS. RULE VI. Sec. 1. Applications for license to sell liquors shall be heard on Wednesday of the first week of the regu- lar terms at which licenses are grantable, immediately on the convening of the court in the afternoon. EULE VII. Sec. 1. The Clerk is directed, at each session, to make, for the court, a list of indictments pending and undisposed of, and to add to such list the indictments in the order as found by the grand jury. EULES AT LAW OF THE SUPREME COURT OF PENNSYLYAMA ; IN BANC. RULE IX.— Paper Books. Adopted September 6, 1852. Sec. 1. In a case where the writ of error is to a judgment on a verdict, the paper book of the plain- tiff in error shall contain the following matters, 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 issue, and how it was made. 3. The verdict of the jury, and the judgment there- on. 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 evidence, and if necessary, the pleading in full. Sec. 2. 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 counsel will be sufficient. Sec. 3. In appeals, the argument of the appellant's paper book shall be as follows : — 1. The names of the parties and the nature of the proceedings. 80 RULES OP SUPREME COURT OF PENNSYLVANIA, 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 was one. 5. The exceptions taken to the report in the conrt below. 6. The opinion of the court on the exceptions, and the decree made, 7. Assignments of error. 8. Argument on part of appellant. 9. Appendix containing such documentary or other evidence as may be necessary. Sec. 4. In a certiorari to tRe Court of Quarter Ses- sions, the paper book shall contain — 1. An abstract list or brief of all the petitions, mo- tions, orders, reports, exceptions, &c., 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 overruled or sus- tained by the final order or judgment of the court. 3. The opinion of the court, if it was filed in writ- ing, 4. The assignment of errors, 6, The argument. 6. The appendix, containing the record in full. Sec. 5. 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 t)f the paper book. Sec. 6. Each error relied on must be specified par- ticularly, and by itself If any specification embrace more than one point, or refer to more than one bill of exceptions, or raise more than one distinct question, it shall be considered a waiver of all the errors so alleged. RULES OP SUPREME COURT OF PENNSYLVANIA. 81 Seo. 7. When the error assigned is to the charge of the court, the part of the charge referred to must be quoted totidem verbis in the specification. Sec. 8. When the error assigned is to the admission or rejection of evidence, the specification must quote the full substance of the bill of exceptions, or copy the bill in immediate connection with the specifica- tion. Any assignment of error not according to this and the last rule will be held the same as none. Sec. 9. The brief of the argument shall contain a clear statement of the points on which the party relies, with such reasons and arguments as he may see proper to add; together with all the authorities which he thinks pertinent. Sec. 10. When an authority is cited, the principle intended to be proved by it must be stated. A naked reference to the book will not be sufficient. Sec. 11. The paper book of the defendant in error or appellee may, if he chooses, contain no more than his argilment, to which Sections 9 and 10 will be held to apply. Sec. 12. But he may make it to embrace a counter statement, giving such version of the facts as he asserts to be the true one. Sec. 13. In cases originating in the county of Phila- delphia, 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 argument ; and when the cause is called shall furnish one copy to each of the judges, and file two with the Prothonotary for the reporter. The defendant in error or appellee shall serve a copy of his paper book on the opposite party or his attorney, at least three days before the argu- ment, furnish a copy to each judge, and file two with the Prothonotary. Sec. 14. In all cases except .those originating in the county of Philadelphia, the plaintiff in error or appel- lant shall serve a copy of his paper book on the oppo- 6 82 BULES OF SUPBEME COUBT OP PENNSYLVANIA. site party or his attorney, at least ten days before the day appointed for hearing 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 attorney, at least three days before the time appointed for hearing as aforesaid. But if the writ of error or appeal shall have been taken thirty days or more before the day assigned for the hearing as aforesaid, the paper book of the plain- tiff in error or appellant shall be served at least twenty days, and that of the opposite party at least five days before 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 two copies with the Prothonotary, one of which is to re- main with the records, and the other to be delivered to the reporter. Sec. 15. When the plaintiff in error or appellant is in default according to these rules, he may 'be non- suited on motion ; 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. Sec. 16. When paper books are furnished which differ in any material respect from those here pre- scribed, 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, nonsuit or silence the defaulting party. Seo. 17. Paper books shall be furnished in the shape and size of a common octavo ' pamphlet, on ordinary printing paper. Seo. 18. Sec. 6 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. RULES OF SUPREME COURT OF PENNSYLVANIA. 83 And now, November 26, 1866, the foregoing rules shall be in force in the Counties of Tioga, Elk, and Cameron, from and after the second Monday of Jan- uary next, and in the Counties of Potter and McKean from and after the third Monday of February next.