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Cornell University 
 Library 
 
 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/cu31924024706172 
 
R U L E S 
 
 Supreme Court 
 
 STATE OF PENNSYLVANIA, 
 
 ADOPTED, JANUARY IS, 1876. 
 
 TO WHICH ARE APPENDED THE 
 
 ZR/CTXjIES OF EQ,TJIT"X" practice, 
 
 Adopted by the Court, January 27, 186S. 
 
 PHILADELPHIA: 
 
 J. M. POWER WALLACE, 132 SOUTH SIXTH STREET, 
 OFFICE OF THE LEGAL INTELLIGENCER, 
 
 1876. 
 
In the Supreme Court of the State of Pennsylvania : 
 
 IN THE MATTER OF THE REVISION OF THE RULES OF THE SAID COURT. 
 
 And now, January 13, 1876, it is ordered that the Rules, numbered from 
 I to XL, contained in the following pages, from 3 to 18 inclusive, as printed by 
 J. M. Power Wallace, are hereby adopted, and are declared and published, as 
 and for the Rules of this Court, for the regulation of its general practice ; and 
 that all rules heretofore existing, supplied, modified, altered, or inconsistent with 
 these Rules, are hereby rescinded, excepting in their application to the business 
 of the Court transacted before this date ; provided that nothing in this order shall 
 be construed to alter or impair the Rules of the Court, regulating its practice in 
 Equity. 
 
 By the Court, 
 
 DANIEL AGNEW, Chief Justice. 
 
SUPREME COURT OF PENNSYLVANIA. 
 
 Hon. DANIEL AGNEW, Chief Justice. 
 
 '■ GEORGE SHARSWOOD, 
 
 " HENRY W. WILLIAMS, 
 
 " ULYSSES MERCUR, 
 
 " ISAAC G. GORDON, 1 Justices. 
 
 " EDWARD M. PAXSON, 
 
 " WARREN J. WOODWARD, 
 
 PROTHONOTARIES. 
 Eastern District, Benjamin E. Fletcher, Esq.. Philadelphia. 
 Middle District, Robert Snodgrass, Esq., Harrisburg. 
 Western District, J. B. Sweitzer, Esq., Pittsburgh. 
 Northern District, J. A. J. Cummings, Esq., Montandon, Northumberland Co. 
 
 State Reporter, P. Frazier Smith, Esq., West Chester. 
 
RULES OF THE SUPREME COURT 
 
 STATE 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 argument, the case shall be non-prossed, un- 
 less reason to the contrary be shown to the satisfac- 
 tion of the court. 
 
 Rule II. 
 
 All cases brought or to be brought up for review 
 shall be placed upon the argument list next succeed- 
 ing their entry, and in , the order in which they stand 
 upon the docket — unless advanced by the special order 
 of the court. 
 
 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, or 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 condition that A B prosecute his writ of 
 error with effect ; and if judgment be affirmed, or the 
 writ of error be discontinued or non-prossed, to pay 
 the debt, damages or costs (as the case may be) ad- 
 judged accruing upon such judgment, and all other 
 damages and costs that may be awarded on such writ 
 of error." ' 
 
 Rule V. 
 
 The plaintiff's counsel may, within twenty days after 
 notice of the taking of the bail in error, except to the 
 sufficiency thereof, when the defendant must either put , 
 in new bail, or the old bail must justify within ten days 
 after exception taken ; in default whereof, the prothono- 
 tary of this court shall non pros, such writ of error. 
 
ATTORNEYS. 
 Rule VI. 
 
 No person shall be admitted to practise as attorney 
 in this court, unless he hath served a regular clerk- 
 ship, 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 practised 
 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 practised two 
 years : Provided always, That in the case of a person 
 applying to be admitted who shall appear to have 
 studied the law with assiduity, under the direction of 
 some practising attorney or gentleman of the law of 
 this State, for the term of two years after his arrival at 
 the age of twenty-one years, and afterwards practised 
 in some one of the county courts of common pleas 
 for the term of two years, he may be admitted. 
 
 Rule VII. 
 
 No person shall be admitted to practise as attor- 
 ney in this court, upon the ground that he has been 
 admitted to practise in the courts of some other State, 
 unless he be a citizen of the United States, and also, 
 unless it be shown that the attorneys of this court are 
 
entitled, by the practice of the court where the appli- 
 cant has been admitted, to admission under the like 
 circumstances. 
 
 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 exe- 
 cution of process, 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 re- 
 turned 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 into a recognizance in the nature of special bail, 
 to the satisfaction of the court or judge taking the 
 same : conditioned for his appearance before the su- 
 preme 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. 
 
ERRORS AND APPEALS. 
 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 return- 
 able, 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 
 returned on the return day, it shall be the duty of the 
 prothonotary to enter a non pros., which shall not be 
 taken off except by special order of the court. 
 
 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 de- 
 fault of appearance when the cause is called for argu- 
 ment, 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 dis- 
 missed 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 pro- 
 thonotary 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. 
 
10 
 
 PAPER BOOKS. 
 Rule XVII. 
 
 In a case where the writ of error is to a judgment 
 on a verdict, the paper book of the plaintiff in error 
 shall contain the following matters, in the following 
 order: — i. 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 
 thereon. 4. A history of the case. 5. The points, if 
 any, which were submitted in writing to the court be- 
 low. 6. The charge of the court. 7. The specifica- 
 tions 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. 
 
 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 argu- 
 ment of counsel, will be sufficient. 
 
 Rule XIX. 
 
 In appeals the arrangement of the appellant's paper 
 book shall be as follows: — 1. The names of the par- 
 
11 
 
 ties and the nature of the proceedings. 2. A short 
 abstract of the bill or petition and answer. 3. A his- 
 tory of the case. 4. The report of the auditor, or 
 master, if there was 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. As- 
 signment of error. 8. Argument on part of appellant. 
 9. Appendix containing such documentary or other 
 evidence as may be necessary. 
 
 Rule XX. 
 
 In a certiorari to the court of quarter sessions or 
 oyer and terminer, the paper book shall contain: — u 
 An abstract list or brief of all the petitions, motions, 
 orders, reports, exceptions, &c., which may be neces- 
 sary 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 ex- 
 ceptions which were overruled or sustained by the, final 
 order Or judgment of the court. 3. The opinion of 
 the court, if it was filed in writing. 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 con- , 
 densed statement of all the facts of which a knowledge 
 may be necessary, in order to determine the points in 
 
12 
 
 •controversy here ; and the want of such a statement 
 cannot be supplied by reference to another part of the 
 paper book. 
 
 Rule XXII. 
 
 Each error relied on must be specified particularly, 
 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. 
 
 Rule XXIII. 
 
 When the error assigned is to the charge of the 
 court, or to answer to points, the part of the charge or 
 the points and answers referred to must be quoted 
 iotidem verbis in the specification. 
 
 Rule XXIV. 
 
 When the error assigned is to the admission or re- 
 jection of evidence, the specification must quote the 
 full substance of the bill of exceptions, or copy the bill 
 in immediate connection with the specification. When 
 the error is as to the admission or rejection of a 
 writing, a full copy of the writing must be printed in 
 the paper book. Any assignment of error not accord- 
 ing to this and the last rule will be held the same as 
 .none. 
 
13 
 
 Rule XXV. 
 
 The brief of the argument must 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. 
 
 ' Rule XXVI. 
 
 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. 
 
 Rule XXVII. 
 
 The paper book of the defendant in error or ap- 
 pellee 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 attor- 
 ney, at least ten days before the first day of the term 
 to which the writ of error or appeal is entered, and 
 
14 
 
 when the cause is called shall furnish one copy to each 
 of the judges, and file four with the prothonotary — two 
 for the reporter, one for the Law Association of Phila- 
 delphia, and one to be filed in his office. The defend- 
 ant 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 four with the prothonotary for the 
 same purposes as the paper books of the plaintiff in 
 error or appellant. 
 
 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 attorney, at least twelve days before the day ap- 
 pointed 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 five days be- 
 fore 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 plaintiff 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 
 
15 
 
 copy of his paper book to each judge, and file four 
 •copies with the prothonotary, one of which is to re- 
 main with the records, and two to be delivered to 
 the reporter, 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 mo- 
 tion ; 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 negli- 
 gence has been gross. 
 
 Rule XXXI. 
 
 When paper books are furnished which differ in any 
 material respect from those here prescribed, the par- 
 ties 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 defaulting 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. 
 
16 
 
 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 case to be entered into, nor reverse the 
 order of the sessions, unless for somd» irregularity ap- 
 parent on the record, or that the court below have 
 exceeded their jurisdiction, or have erred in their judg- 
 ment in point of law. 
 
17 
 
 SHORT CAUSES. 
 
 Rule XXXV. 
 
 The prothonotary of each district shall keep a sepa- 
 rate 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 general 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 injus- 
 tice 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. 
 
18 
 
 Rule XXXIX. 
 
 On the hearing of short causes, the speeches of coun- 
 sel shall be limited to fifteen minutes on each side. 
 
 Rule XL. 
 
 The hearing of short causes shall not be the exclu- 
 sive business of Wednesdays. When they are dis- 
 posed of, the general 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 prothono- 
 tary 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 after three days from the time it has 
 been placed on the short list. 
 
RULES 
 
 OF 
 
 EQUITY PRACTICE 
 
 ADOPTED BY THE 
 
 SUPREME COURT OF PENNSYLVANIA, 
 
 MAY 27, 1865, 
 WITH THE REPORT OP THE COMMISSIONERS. 
 
 To the Honorable the Judges 
 
 of the Supreme Court of Pennsylvania . 
 
 The undersigned, a Committee appointed by this Honorable 
 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 pre- 
 pared 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 expedient to make in' 
 the existing practice. They would observe, at the same time, that,., 
 except where such changes have been introduced, they have con- 
 sidered it better to adhere to the language and general scheme ©£' 
 the existing rules. 
 
 1. Formal rule days are abolished. Process may issue and rules 
 be taken at any time. On the other hand a sufficient period for ap- 
 
 (19) 
 
20 
 
 pearance to process, or for compliance with the usual rules, is ex- 
 pressly 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 ex- 
 cept in two cases : first, poverty, certified by counsel ; secondly, 
 bills for injunction, where, however, a printed copy must be sub- 
 stituted in a few days. The cost of printing is made part of the 
 costs of the cause. 
 
 3. Subpoenas to appear are abolished. Instead thereof a copy of 
 the bill is to be served on the defendant, with a notice 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 appear, for a 
 decree pro confesso against him, or for an attachment to compel an 
 answer, which seems to have been overlooked in the present rules. 
 
 5. The bill is required to be in as brief and succinct 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 abolished. 
 Those for relief are made substantially part of the original proceed- 
 ings. 
 
21 
 
 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. 
 
 9. On interlocutory applications, such as for an injunction or re- 
 ceiver, 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 gen- 
 erally dispense with the use of affidavits, which are demoralizing and 
 unreliable, and at the same time enable the parties to compel the 
 ■attendance of witnesses by subpoena, which cannot now be done. 
 
 10. Instead of a period of three months in which to close testi- 
 mony, which, in a vast majority of cases, is quite unnecessary, a 
 thirty days rule is allowed, subject to enlargement on cause shown. 
 
 11. 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 emer- 
 gency 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 unwillingness of judges to 
 act„without notice to the other party except in extreme cases, afford 
 together a sufficient protection 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 
 
22 
 
 August, are postponed until September. 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 them less expensive, and 
 at the same time to adapt them to the course of practice and usages 
 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 phrase- 
 ology or to adapt them to recent Acts of Assembly. Besides this 
 the whole body of rules has 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 Committee. 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. *The equity side of the supreme court, dis- 
 trict courts and courts of common pleas, shall be 
 .-deemed always open for the purpose of filing bills, 
 answers and other pleadings, for issuing and return- 
 ing mesne and final process and commissions, and for 
 making and directing all interlocutory motions, orders, 
 rules and other proceedings, preparatory to the hear- 
 ing 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, entertaining and disposing of all motions, 
 rules, orders and other proceedings, which are grant- 
 able of course, and applied for or had by the parties 
 or their solicitors, in all causes pending in equity, in 
 pursuance of the rules hereby prescribed. 
 
 * The original jurisdiction of the Supreme Court is greatly cir- 
 cumscribed by the Constitution of 3874, Art. V. Sec. 3, and the 
 .Nisi Prius and District Courts abolished by Sections 6, 21. 
 
 (23) 
 
24 
 
 § 3- *In all cases in equity instituted in the su- 
 preme 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 revision according to the ninth section 
 of the act of 26th July, 1842. The nisi prius shall be 
 open for equity cases on all juridical days. 
 
 § 4. When any case in equity, within the mean- 
 ing 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 deter- 
 mined, as required by the act aforesaid. All such 
 cases, instituted in other districts than the eastern dis- 
 trict, 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 purpose 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 pro- 
 vided for in these rules ; and the prothonotary shall 
 endorse thereon the time of filing the same. 
 
 [* See note to Sec. I, preceding page.] 
 
25 
 
 § 6. Unless otherwise provided by law, the de- 
 fendant or. defendants shall be required, in the first 
 instance, to appear- 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 following 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 in- 
 sert 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 direc- 
 tions by not entering an appearance in the prothono- 
 tary'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 
 appointed by the court, or by any judge thereof, on 
 petition, for infants or other persons, who are under 
 
26 
 
 guardianship, or otherwise incapable to sue for them- 
 selves ; all infants arid 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 member 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 defend- 
 ants, service of a copy of the bill and notice to appear 
 shall be made on each of them. Service on non-resi- 
 dent defendants shall be made in the mode prescribed 
 by the acts of assembly relating thereto. 
 
 § 10. Service of the bill and notice to appear, on a 
 corporation, 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, f° r 
 
27 
 
 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 author- 
 izing such service ; and in such case the form of sub- 
 poena shall be similar, in substance, to the notice to 
 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 
 publication, under the provisions of the act of 6th 
 April. 1859, a copy of such order, together with a 
 •statement of the substance and object of the bill, peti- 
 tion, or other proceeding, shall be published in such 
 •one or more newspapers, and at such times as the, 
 court shall by special order direct, having 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 
 
28 
 
 personally or by solicitor, shall be by a paper filed and 
 endorsed by the prothonotary, 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 ap- 
 pearance to be entered for him within the time limited 
 for that purpose, the plaintiff may, at his election, enter 
 an order as of course in the cause, that the bill be 
 taken p7'o confesso, or proceed by attachment as is. 
 hereafter provided by Section 29. 
 
 Rule III. 
 Pleadings generally. 
 § 14. All. bills, interrogatories, demurrers, pleas, 
 answers to bills, and to interrogatories, and amend- 
 ments of pleadings, where such amendments exceed 
 one hundred consecutive words, shall be printed on 
 white sized paper of a convenient size. Amendments 
 shall be printed on one side only of the paper. Each 
 party appearing by separate counsel 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, &c, and in such 
 case any other party may print such papers, and be 
 allowed for the expense at the termination of the cause, 
 
29 
 
 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 saving also bills for injunc- 
 tion where counsel shall certify that there has not been 
 time to print, the same. And such injunction bills 
 shall be withdrawn and deemed finally dismissed 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 
 succinct terms as it reasonably can be, and shall con- 
 tain no unnecessary recitals of deeds, documents, con- 
 tracts, or other instruments, in hcec verba, or any 
 other impertinent matter, or any scandalous matter 
 not relevant to the suit. If it do, it may, on excep- 
 tions, 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 expense 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 imperti- 
 nent, the defendant shall be entitled to all costs occa- 
 sioned by the reference, or the court or any law judge 
 thereof may decide thereon without a reference, unless 
 the case shall require it. 
 
30 
 
 § 1 6. 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 substance 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 
 statement of the facts upon which the plaintiff asks 
 relief, and, at his option, the facts which are intended 
 to avoid an anticipated defence, and such averments 
 as may be necessary under the rules of equity plead- 
 ing to entitle the plaintiff to relief, and the prayer for 
 relief and for special orders, writs, or process, which 
 shall also be so divided and numbered. The combina- 
 tion clause, the interrogatories, and the allegation 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, 
 
31 
 
 unless the plaintiff 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 neces- 
 sary or proper parties to the suit, cannot be made 
 parties by reason of their being out of the jurisdiction 
 of the court, incapable otherwise of being made par- 
 ties, or because their joinder would oust the jurisdiction 
 of the court as to the parties before the court, the 
 .court may, in their discretion, proceed 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.. 
 
32 
 
 § 22. Where the parties on either side are very- 
 numerous, and cannot without manifest inconvenience 
 and oppressive 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, hav- 
 ing sufficient parties before it to represent all the ad- 
 verse interest of the plaintiffs and .the defendants in 
 the suit properly before it. But in such cases the 
 decree shall be without prejudice 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 trus- 
 tees shall represent the persons beneficially interested 
 in the estate or the proceeds, or the rents and profits, 
 in the sam'e manner and to the same extent as the ex- 
 ecutors 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 per- 
 sons 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 
 
' 33 , 
 
 the plaintiff 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- 
 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 conclusive 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, 
 suggest that the bill is defective for want of parties, 
 
34 
 
 the plaintiff shall be at liberty, within fourteen days 
 after answer filed, to set down the cause for argument 
 upon that objection 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 pro- 
 ceed therewith to a hearing, notwithstanding an objec- 
 tion for want of parties taken by the answer, he shall 
 not, at the hearing of the cause, if the defendant's objec- 
 tion 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 dis- 
 miss the bill. 
 
 § 28. The parties to a suit may at any time before 
 decree, by agreement in writing, without special mo- 
 tion, 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 defendant to be entered of course in the prothono- 
 
35 
 
 i 
 
 tary'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 pro- 
 ceeded 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 ob- 
 tain 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 complying with such order as. 
 the court or a law judge thereof may direct as to plead- 
 ing to or fully answering the bill within a period to be 
 fixed by the court or judge, and undertaking to speed 
 the cause ; or it shall be in the option of the plaintiff, 
 when suctf 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 confesso, 
 to have process of contempt to compel an answer. 
 
36 
 
 § 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 service of notice of such decree 
 on the defendant, set aside the same and give the de- 
 fendant time for filing an answer upon cause shown. 
 And no such motion shall be granted, -unless the de- 
 fendant 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 speed- 
 ing 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 an- 
 swer fortifying the plea, and explicitly 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 
 interposed for delay ; and if a plea, that it is true in 
 point of fact. Demurrers shall be substantially in the 
 form following : ■■ The defendant demurs to the whole 
 
37 
 
 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 deter- 
 mined for the defendant, they shall avail him as far as 
 in law and equity they oughfto 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 
 overruled 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 
 
38 
 
 as is covered by the plea or demurrer, at such period 
 as, consistently with justice and the rights of the de- 
 fendant, 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 vexation and 
 delay, and to have been frivolous or unfounded. 
 
 Rule VII. 
 Answers and Cross -bills. 
 
 § 38. The defendant shall make answer to all the 
 material allegations of the bill. The answer of a de- 
 fendant must be in the first person, and divided into 
 paragraphs, numbered consecutively, each paragraph 
 containing, as nearly as may be, a separ^co end dis- 
 tinct allegation. The rule, that if th*; defend.iut sub- 
 mits to answer, he shall answer fully to ail the matters 
 of the bill, shall no longer apply in cases where he 
 might, by plea or demurrer, protect himself from such 
 answer and discovery. And the defendant shall be 
 entitled in all cases, by answer, to insist upon all mat- 
 ters of defence in law, (not being matters of abate- 
 ment, or to the character of the parties, or of matters 
 of form,) to the merits of the bill, of which he may be 
 entitled to avail himself by a demurrer or plea in bar ; 
 
39 
 
 and in such answer he shall not be compellable to an- 
 swer 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 consideration, 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 dis- 
 covery 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 defendant shall.be entitled to file 
 interrogatories to any of the plaintiffs after he shall 
 have put in his own answer to the bill. In either case, 
 they may be filed 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 testimony has been 
 taken, and answers required at such time as the court 
 or a law judge may order. They shall be divided 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 
 
40 
 
 them, or his counsel, and an order of course, to answer 
 within ten days after such service, and on neglect to 
 answer any interrogatory and serve a copy of such 
 answer within that time, the plaintiff or defendant, as 
 the case may be, shall be entitled to move for an at- 
 tachment to compel an answer. 
 
 § 40. A plaintiff or defendant shall be at liberty to 
 decline answering any interrogatory, or part of an in- 
 terrogatory, when he might have protected himself by 
 demurrer from answering the subject-matter of the 
 interrogatory ; and he shall be at liberty so to de- 
 cline, notwithstanding he shall answer other inter- 
 rogatories, from which he might have protected him- 
 self by demurrer, and the plaintiff or defendant 
 may, on forty-eight hours notice, set down the mat- 
 ter for a hearing before any law judge of the 
 court, as on an exception to the answer for in- 
 sufficiency. 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 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 
 exceptions to the answers. 
 
41 
 
 § 4i- Cross-bills for discovery only shall not be al- 
 lowed, but the defendant shall be at liberty instead 
 thereof, to file interrogatories to the plaintiff as above 
 provided. In other cross-bills no further reference 
 shall be made to the matters contained in'the original 
 bill than shall be necessary, but the same may be 
 treated as if indprporated therein. The rules regulat- 
 ing the form of Dills 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. 
 
 Rule VIII. 
 
 Exceptions to Answers. 
 
 § 43. After answers are filed to interrogatories, the 
 
 plaintiff shall be allowed twenty days from the service 
 
 of a copy of such answers on the plaintiff's counsel, to 
 
 ifile in the prothonotary's office exceptions thereto, and 
 
42 
 
 no longer, unless a longer time shall be allowed for 
 the purpose, 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 sufficient. ■ 
 
 $ 44. Where an exception shall be filed to the an- 
 swer 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 excep- 
 tion on the defendant's counsel, the plaintiff shall forth- 
 with order the prothonotary to set the matter down* 
 for a hearing on the next day thereafter appointed for 
 such causes, 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 exception shall be deemed aban- 
 doned, 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 an- 
 swer 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 al- 
 lowed, the defendant shall be bound to put in a full 
 
43 
 
 and complete answer to the particular interrogatory,, 
 within ten days, unless the time be enlarged by order 
 of the court, otherwise the plaintiff shall as of course 
 be entitled to take the bill, so far as the matter of such 
 exceptions is concerned, as confessed, or, at his elec- 
 tion, he may have a writ of attachment 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 re- 
 ferring any bill, answer, or pleading, or other matter,, 
 or proceeding depending before the court for scandal 
 or impertinence, unless exceptions are taken in writ- 
 ing, 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 service 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. 
 
44 
 
 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 replication is filed, the cause shall 
 be deemed to all intents and purposes at issue, with- 
 out any rejoinder or other pleading on either side. If 
 the plaintiff shall omit or refuse to file such replication 
 within the prescribed period, the defendant shall be 
 entitled to a rule upon him to reply within ten days 
 after notice of such rule ; on failure to file such repli- 
 cation 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 
 replication shall be in substance thus : " The plaintiff 
 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. 
 
45 
 
 Rule X. 
 v Amendments, Supplemental Bills, &c. 
 § 49. The plaintiff shall be at liberty, as a matter of 
 •course, to amend his bill in any matters whatsoever, 
 before answer, plea, or demurrer to the bill," but he 
 shall, without delay, give the defendant notice of such 
 amendment, 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 mo- 
 tion 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 reasonable 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 replication, shall not file his amendments or 
 
46 
 
 amended bill, as the case may require, in the prothono- 
 tary'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 amend- 
 ments, he shall be considered to have abandoned the 
 same, and the cause shall proceed as if no application 
 for any amendment had been made. 
 
 § 52. In every case where, after answer filed, an 
 amendment of the bill is made in such particulars as 
 to vary the case or the grounds of relief, the defend- 
 ants 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 an- 
 swer when required, be used except as an admission 
 of the facts therein stated, subject to explanation by 
 the answer subsequently filed. Answers to amend- 
 ments 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, or reference to a docu- 
 ment, or other small matter, and be re-sworn, at any 
 time before replication is put in, or the cause is set 
 down for a hearing upon bill and answer. But after 
 
47 
 
 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 engrossed and added as a distinct amend- 
 ment to the original answer, so as to be distinguish- 
 able therefrom. 
 
 § 54. Whenever the circumstances are such as to 
 require 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 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 1 amendment shall* be served as is provided 
 for in the case of original bills* But, where the per- 
 sonal representative of a deceased party is properly 
 required to be joined, it may be done by stating on 
 the record the fact of the death,, and the grant of 
 letters to such representative, and by service of notice 
 
48 
 
 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, in- 
 firm and going witnesses de bene esse before any alder- 
 man or justice of the peace of the respective count} ,. 
 or other person therein, authorized by law to take de- 
 positions in other cases, may be entered by either 
 party in the prothonotary's office of course, at any 
 time after the service of process stipulating a reason- 
 able notice to the adverse party : so of an order for a 
 commission to any place within the State of Pennsyl- 
 vania, 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 com- 
 mission, the interrogatories must be filed in the pro- 
 thonotary'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 eligible : Provided, That 
 depositions taken before magistrates in the method 
 prescribed by this rule, shall only be allowed to be 
 
49 
 
 read in evidence on the hearing of the cause, in case 
 the same facts shall appear before the examiner ap- 
 pointed to take testimony in the cause after it is at 
 issue, and be certified by him to excuse the produc- 
 tion of such witnesses before him as are necessary for 
 the introduction 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 wit- 
 ness 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 vacation, or by the prothonotary ; and the 
 prothonotary shall give -notice to the parties of the re- 
 turn of any commission, and of the filing of depositions 
 taken before any alderman, justice of the peace, or ex- 
 aminer, and the parties shall, within ten days after 
 service of such notice upon them respectively, enter 
 exceptions in writing, if they have any, to the form of 
 the interrogatories or the manner of the execution of 
 the commission, and the taking of the depositions, or 
 be forever precluded from the benefit of such excep- 
 tions, which exceptions when so taken may be put 
 down for hearing by either party giving forty-eight 
 hours notice to his adversary thereof, or such other 
 notice as the court may direct. 
 
50 
 
 § 57- The last of the interrogatories to take testi- 
 mony 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 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 exami- 
 nation in open court at the hearing of the application, 
 as to all such matters as could be proved by their affi- 
 davits, 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. l 
 
 § 59. The method of taking testimony, except in 
 cases provided for in the foregoing rules, shall be as 
 follows : After the cause is at issue, the court shall ap- 
 point an examiner at the request of either party who 
 may first make application, which examiner shall cause 
 such witnesses as either party may name to him to 
 come before him on a reasonable day or days, to be* 
 appqinted by him, of which he shall give notice to the 
 
 1 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. 
 
51 
 
 parties ; for the enforcing the attendance of which 
 witnesses, either party may have subpoena or sub- 
 poenas, returnable before such examiner, to be en- 
 forced by the usual process of contempt. The exami- 
 nation shall be conducted by the counsel of the parties 
 viva voce, and the answers of the witnesses shall be re- 
 duced 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 defendant shall not be compelled to proceed 
 with the taking of his testimony, until the plaintiff has 
 finished, or declared he has none to take, nor shall the 
 plaintiff be compelled to proceed with the rebutting 
 testimony until the defendant has completed the testi- 
 mony on his part ; but the court may, upon the special 
 application of either party, upon cause shown, appoint 
 an additional examiner before whom the party making 
 such application may proceed to take his testimony, 
 notwithstanding the pendency of the proceeding of 
 his adversary before the examiner first named. 
 
 § 60. Whenever under these rules an oath is or 
 may be required to be taken, the party may, if con- 
 scientiously 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 de- 
 ponent ; and shall be divided into paragraphs, and 
 
52 
 
 each paragraph, as nearly as may be, confined 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 testi- 
 mony taken after thirty days notice of such rule shall 
 not b.e 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 application of the party against whom 
 such order may have 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 ad- 
 versary 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 par- 
 ticular 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 retain his report as se- 
 
53 
 
 curity for his compensation ; but when the compensa- 
 tion is allowed by the court, he shall be entitled 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. 
 
 § 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 refer- 
 ence 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, 1;o assign a- time and 
 place for proceedings 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 pro- 
 ceed ex parte, or in his discretion to adjourn the exami- 
 nation 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 reference, and 
 
Si 
 
 with the least practicable delay ; 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 refer- 
 ence ; and he shall have full authority to examine the 
 parties in the cause, upon oath, touching all matters 
 contained in the reference ; and also to require the 
 production of all books, papers, writings, vouchers, 
 and other documents applicable 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 proceed- 
 ings 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 
 
55 
 
 not be satisfied with the account so brought in, shall 
 be at liberty to examine the accounting party, viva voce, 
 or upon interrogatories before the master, or by de- 
 position, 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 require. 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. 
 
 § 69. 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-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 exception, no 
 master shall file his report until ten days after he has 
 
56 
 
 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 
 exception made by him before the master, according 
 to the previous requisition of this rule ; reserving to 
 the court, however, the power of committing the re- 
 port again, should justice require it. On the return 
 ofthe 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 expira- 
 tion 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 cham- 
 bers make and direct all such interlocutory orders, 
 rules, and other proceedings preparatory to the hear- 
 ing 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 
 
57 
 
 being first given to the adverse party or his 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 proceed- 
 ings made and directed at chambers or at the pro- 
 thonotary'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 di- 
 rected, 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 re- 
 quired. The equity docket shall be kept by the pro- 
 thonotary a.t 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, 
 (except process of sequestration and of attachment to 
 enforce and execute decrees ; ) for filing bills, answers, 
 pleas, demurrers, and other pleadings ; for making 
 amendments to bills and answers ; for taking bills pro 
 confesso ; for filing exceptions, and for other proceed- 
 ings which do not by the rules hereafter prescribed re- 
 quire any allowance or order of the court, or of any 
 
58 
 
 judge thereof, shall be deemed motions and applica- 
 tions grantable of course by the prothonotary 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 
 proceedings 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 there- 
 after as shall be assigned therefor by the court or judge 
 the time of the making the application ; and if the ad- 
 verse 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 attended 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 
 
59 
 
 the opposite party, it shall be taken to be dissolved if 
 the motion be not argued within five days after such no- 
 tice 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 September following. 
 
 §77. 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 enforced by attachment and seques- 
 tration, 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 recovery 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 
 hereof, nor the report of any master, nor any other 
 
60 
 
 prior proceedings, shall be recited or stated in the de- 
 cree 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 there- 
 upon, upon consideration thereof, it is ordered, ad- 
 judged, 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 other- 
 wise 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 submitted to the court; but 
 the court may direct the decree to be entered forth- 
 with, without further notice, upon the same being pro- 
 nounced, should they think the justice of the case 
 requires it, or when the solicitor of the opposite 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, 
 
61 
 
 and from thenceforth it shall become the act and de- 
 cree of the court. 
 
 § 80. If the decree or order be merely for the pay- 
 ment 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 com- 
 mon law side of the court. 
 
 § 81. Unless otherwise provided by law or by these 
 rules, or specially ordered by the court, a writ of at- 
 tachment, and if the defendant cannot be found, or it 
 may be otherwise thought proper by the court, a writ 
 of sequestration or a writ of assistance to enforce a 
 delivery of possession, 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 allowance 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 de- 
 mand 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 ah order for 
 a "writ of assistance, upon the allowance of which the 
 prothonotary shall immediately issue the same. 
 
62 
 
 § 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 defendant shall be 
 bound, without further service, to take notice ; and 
 upon affidavit of the plaintiff, filed, in the prothonotary's 
 office, that the same has not been complied with, the 
 court, if sitting, or any law judge during vacation, 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 in- 
 ventus, 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 
 
63 
 
 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 enforcing obedience to such 
 order, as if he were a party in the cause. 
 
 § 85. Clerical mistakes in decrees or decretal orders, 
 or errors arising from any accidental slip or omission, 
 may be corrected by order of the court or a law judge 
 thereof, 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 rehearing 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. 
 
64 
 
 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 dis- 
 tricts, not inconsistent 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 pre- 
 scribed 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 may reasonably be applied consistently with the 
 local circumstances and local convenience of the dis- 
 trict 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 
 prothonotary of the supreme court for the eastern dis- 
 trict forthwith to send a certified copy thereof to the 
 prothonotaries of the middle, northern, and western 
 districts, and to the prothonotary of each district court 
 and court of common pleas throughout the State. 
 
i itT id :e zx: 
 
 TO 
 
 RULES OF THE SUPREME COURT. 
 
 Page. 
 
 Agreements 
 
 Of Counsel must be in writing, VIII, ... 6 
 
 Allocatur 
 
 Required in criminal cases, X, . . i 
 
 Appeals 
 
 How record may be brought up, XV, ... 9 
 
 On procedendo, copy of opinion to be sent, XVI, . 9 
 
 Argument List 
 
 How made up, II, . ... . . . 1 
 
 How called, I, ...... . 1 
 
 Continuance of cases on, III, .... 1 
 
 Argument — See Paper Books. 
 
 Assignment of Errors 
 
 When to be filed, II, . 
 
 In error, XXII, XXV, . 
 
 On Appeal, XIX, 
 
 On certiorari in Criminal Cases, XX, 
 
 Must be specific, XXII, 
 
 12, 13 
 10 
 11 
 
 12 
 
 Attorneys 
 
 Requisite for admission of, VI, .... 5 
 
 From other States, VII, . . . . 5 
 
 Agreements of to be in writing, VIII, ... 6 
 
 Not to become bail in error, IX, .... 6 
 (6S) 
 
66 
 
 Authorities 
 
 How to be cited, XXVI, 13 
 
 Bail 
 
 Recognizance of, IV, .... -4 
 
 Notice of and exceptions to, V, . . . . 4 
 
 On certiorari in Criminal Cases, XI, ... 7 
 
 Certiorari 
 
 In road cas"es, XXXIV, 16 
 
 In criminal cases, X, XI, ..... 7 
 
 On appeal, XIV, ...... 8 
 
 Copies 
 
 Of paper books, when to be served, XXVIII, XXIX, 13, 14 
 Notice of exception to bail, V, . . . . 4 
 
 Counter Statement 
 
 In defendant's paper book, XXVII, . . . 13 
 
 Criminal Cases 
 
 Certiorari in, to be especially allowed, X, . . 7 
 
 Errors 
 
 How to be assigned, XXII, XXIII, XXIV, XXV, 12, 13 
 
 Non Pros 
 
 Failure to return record, XIII, .... 8 
 
 Non assignment of error, XII,. .... 8 
 
 For want of paper books, XXX, . . . . 15 
 
 Defective paper books, XXXI, . . . . 15 
 
 Notice 
 
 Of transfer to short list, XL, . . . . 18 
 
 Paper Books 
 
 Contents of in error, XVII, XVIII, . . . 10 
 
 Contents of on appeal, XIX, . . . 19 
 
 Contents of on certiorari, XX, . . . . 11 
 
 Brief of argument in, XXV, . . .13 
 
67 
 
 Page. 
 
 Of defendant in error, XXVII, . . .13 
 
 How served in Philadelphia, XXVIII, : . . 13 
 
 How served in other counties, XXIX, . . . 14 
 
 To be in common octavo form, XXXII, . . 15 
 
 Record 
 
 Non pros if not returned, XIII, .... 8 
 
 Not brought up by appellants, other parties may 
 
 bring, XV 9 
 
 Road Cases 
 
 For what this court will reverse, XXXIV, . . 16 
 
 Rules 
 
 To plead to be endorsed on writs, XIV, . . 8 
 
 Short Causes 
 
 Separate list of, XXXV, . . . 
 
 To be certified by attorney, XXXVI, . 
 
 To have precedence on Wednesday, XXXVII, 
 
 When to be put back, XXXVIII, 
 
 Speeches in, limited, XXXIX, 
 
 Ljst of tQ be put up in court room, XL, 
 
 17 
 17 
 17 
 17 
 18 
 18. 
 
INDEX 
 
 TO 
 
 EQUITY RULES 
 
 Page. 
 
 Account 
 
 Accounting before Master, § 66, . . . 54 
 
 Affidavit 
 
 Eules relating to, §§ 12, 13, 32, 42, 60, 68 . 27, 36, 41, 
 
 5 1 , 57 
 
 Amendments 
 
 When allowed, §§ 36, 48, 49, 50, 51, 52, 53, 
 
 In lieu of Bill of Revivor, &c. § 54, 
 When and how presented, § 14, . 
 Of decrees and orders, § 85, . 
 
 Answers 
 
 Form of in support of plea, § 31, . 
 After amendment of bill, use of, § 52, 
 Maybe amended, § 53, 
 Form of, §§ 38, 39, 40, . . . 
 
 Appeals 
 
 To be certified in certain cases, § 4, . . 24 
 
 Appearance 
 
 Mode of entering and effect of default, § 13, . 27 
 
 Arguments 
 
 Provisions in regard to, §§ 2, 7, 40, 46, 56, 33, 40, 43, 49 
 (68) 
 
 37, 
 
 44, 
 
 45: 
 
 , 46 
 
 
 47 
 
 
 28 
 
 
 63 
 
 
 36 
 
 
 46 
 
 
 46 
 
 38, 39. 
 
 , 40 
 
69 
 
 Assistance 
 
 Page. 
 
 When writ of allowed, § 82, . . . . 
 
 6l 
 
 Attachment 
 
 
 When to be issued, §§ 29, 38, 39, 45, 81, 83, . 
 Bills — See Pleadings. 
 
 34, 39, 
 42, 61, 62 
 
 Bills of Revivor 
 
 Amendment in lieu of, § 54, . . 47 
 
 Commissions — See Evidence. 
 
 Costs 
 
 Provisions in regard to, §§ 14, 15, 18, 82, 28, 29, 30, 61 
 Payment of, how enforced in interlocutory 
 
 application, § 77, S9 
 
 Courts of Equity 
 
 To be always open, § 1, . . . 23 
 
 May make other and further rules, § 87, . 64 
 
 Cross-Bills • 
 
 When to be filed, § 25, 33 
 
 Service and proceedings under, § 41, . . 41 
 
 Decrees and Orders 
 
 Form of, § 78, 59 
 
 Settlement of on notice to opposite party, § 79, 60 
 
 For payment of money to be entered on 
 
 judgment index, § 80, . . . 61 
 
 Mistakes in, how corrected, § 85, . . . 63 
 
 In favor of person not party to the cause, § 84, 62 
 
 Pro confesso, when to be taken, § 13, 29, 30, 37, 
 
 2 7> 33*34,37 
 Demurrer 
 
 Form of, §§ 32, 35, ... 36, 37 
 
 Proceedings, when overruled after hearing, §37, 37 
 
 Argument of, §§ 33, 34, . . - 37 
 
 Allowance and disallowance, §§ 35, 36, 37, . 37 
 
70 
 
 Depositions — See Evidence. 
 Discovery— See Cross-Bills. 
 
 Page. 
 
 Dismissal 
 
 Of suit by agreement, § 28, . 
 
 Docket — See Prothonotary. 
 
 34 
 
 Evidence 
 
 When and how commission to take testimony, 
 
 shall issue, §§ 55, 56, 57, 59, 60, . 
 Examination of witnesses in open court, § 58, , 
 Rule to close testimony, § 61, 
 What to be used before masters, § 68, . 
 
 Examiners 
 
 Appointment and duties, § 59, 
 Closing testimony before, § 61, . 
 
 Exceptions 
 
 To answers, §§ 40, 43, 44, 45, 
 For scandal and impertinence, § 46, 
 To master's report, regulated, § 69, 
 To depositions, § 56, . 
 To 1 draft or decree, § 79, 
 
 5° 
 5 2 
 55 
 
 5° 
 5 2 
 
 40, 41, 42 
 43 
 
 55 
 49 
 60 
 
 Execution — See Process. 
 
 Executors and Administrators 
 
 How to be made parties, § 54. 
 
 Forma Pauperis 
 
 When printed pleadings may be dispensed 
 with, § 14, 
 
 Fraud 
 
 How plea denying must be supported § 31, 
 
 47 
 
 28 
 
 3 6 
 
Page. 
 
 Guardians, Ad Litem 
 
 Appointment of, § 7, . . . . . '25 
 
 Heirs-at-Law 
 
 As parties to suit, § 24, .... 32 
 
 Husband and Wife 
 
 Service of process on, § g; ... 26 
 
 Impertinence 
 
 Exceptions and reference for, §§ 15, 46, . 29, 43' 
 
 Infants 
 
 May sue by guardian, or prochein ami, § 7, . 26 
 
 When parties, fact to be stated, § 19, . . 31 
 
 Injunctions ' 
 
 Not allowed without security and notice, § 75, 58 
 
 Bills for, in writing allowed, § 14, . . ' 28 
 
 Ex-Parte to be dissolved in five days, § 75, . 58 
 
 Interlocutory Applications 
 
 Power of judges in regard to,- § 70, . . 56 
 
 Motions grantable of course, entry of, suspen- / 
 
 sion of, or alteration, § 72, . . 57 
 
 Motions not grantable of course, §§ 73, 74, . • 58 
 
 Payment of costs in, how enforced, § 77, . 59 
 
 In terrogatories 
 
 Not to be inserted in bills, §§ 17, 39, . . 30, 39 
 
 To be printed and copies furnished, § 14, . a8 
 
 Plaintiff to answer, § 39, .... 39 
 To be divided and numbered, and address 
 
 noted, § 39, 39 
 
 Provisions in regard to answers to, §§ 39, 
 
 4°, 43, ■ • • • ■ • 39, 4o, 41 
 
 Form of last, § 57, 50 
 
 Joint and Several Actions 
 
 How several parties may be joined, 25, . 33 
 
72 
 
 Page. 
 
 Masters 
 
 Appointment, duties of, compensation of, 
 
 regulated, §§ 62, 64, 65, 67, 69, . 52*, 53, 54, 55 
 
 - Duty of party on reference to, 
 
 §§ 63, 65, 66, 6.7, 69, . . . . S3, 54, 55 
 
 Report of on reference, for impertinence or 
 scandal, § 15, . 
 
 Non-Residents 
 
 Service of process on, §§ n, 12, . 
 Non-residence of parties to be stated in Bill 
 § 20, 
 
 Notice 
 
 Given Solicitors to be in writing, § 71, 
 Time and service of notice in various cases, 
 §§ 6, 13, 30, 39, 40, 44, 46, 47, 
 5°> S3. 54, 55, 5 6 > 5 8 , 6l > 62,64, 
 
 Orders 
 \ 
 
 Parties 
 
 69, 7°, 7 1 , 73, 79, 
 
 Cautionary, not to be made, § 75, 
 
 25, 
 40, 42, 43, 
 47, 48, 49, 
 54, 55, 56, 
 
 Defendants, §§ 18, 19, 20, 21, 22, 23, 24, 
 Objection, for want of, §§ 26, 27, 
 
 Pleadings — See Bills, Replication. 
 
 To be printed, except in certain cases, § 14, 
 Structure of Bill, §§ 15, 16, 17, . - . 
 Rules to plead, answer, &c, § 29, 
 Defendant may demurr or plead, § 31, 
 Must be supported by affidavit, § 32 
 Form of answer, §§ 38, 39, 40, 
 Issue and argument, §§ 33, 34, 35, 
 Amendment of, after plea or demurrer, § 36 
 After disallowance of plea, § 37, . 
 To amended Bill, &c, § 52, 
 
 29 
 
 27 
 3i 
 
 57 
 
 27, 3 6 , 39> 
 44, 45, 46, 
 5°, 52, 53, 
 57, 58, 60 
 
 57 
 
 3°, 3 X > 3 2 
 33 
 
 28 
 29, 3° 
 33 
 06 
 36 
 38, 39, 4o 
 37 
 37 
 37 
 46 
 
73 
 Practice 
 
 Page 
 
 When English rules of equity applied, § 88, . 64 
 
 Principal and Surety 
 
 How to be proceeded against and joined in 
 
 action, § 25, 33 
 
 Printing 
 
 All pleadings to be printed, §§ 14, 44, . 28, 42 
 
 Process 
 
 Form and mode of service, §§5, 6, 8, 9, 10, 
 
 ii, 12, ..... 24, 25, 26, 27 
 
 Prochein Ami 
 
 Of execution in equity, §§ 81, 83, 84, . . 61, 62 
 
 Infant may sue by, § 7, ... 26 
 
 Pro Confesso — See Decree. 
 
 Prothonotary 
 
 Duties of, in equity proceedings, §§ 2, 13, . 23, 27 
 
 To keep equity docket, § 71, ... 57 
 
 Publication 
 
 Of subpoena to non-residents, § 12, . 27 
 
 Receiver 
 
 Proceedings on motion for, § 58, . . 50 
 
 Relief 
 
 Form of prayer for, § 17, . . . ; 30 
 
 Rehearing 
 
 Mode of application for, § 86, 63 
 
 Replication 
 
 General, when to be filed, § 47, . . . 44 
 
 No special allowed, § 48, , ... 44 
 
74 
 
 Scandal 
 
 Page, 
 
 Exceptions and reference for, §§ 15, 46, . 29. 43 
 
 Sequestration 
 
 When to issue on decree, §§ 81, 83, . . 61, 62 
 
 Service 
 
 Of process on defendants, §§ 8, 9, 10, 11, 12, 26, 27 
 
 Proof of, to be entered, § 13, . . 27 
 
 Subpcenas 
 
 To non-residents, form of, § n, . . . 26 
 
 Suits 
 
 Commencement, filing of Bill, § 15, . . 29 
 
 Supplemental Bills 
 
 Matter of, introduced by amendment, § 54, . 47 
 
 Supreme Court 
 
 Jurisdiction of, in equity. See note, page 22. 
 
 Trustees 
 
 When to represent parties, § 23, . 32 
 
 Witnesses — See Evidence. 
 
 Vacation 
 
 In Philadelphia, § 76, . . . . 59 
 
ADDITIONAL 
 
 RULES OF THE SUPREME COURT, 
 
 Districts of the Supreme Court of Pennsylvania. 
 
 And now, June 7th, 1876, by virtue and in pursuance 
 of an Act of the General Assembly of the Common- 
 wealth of Pennsylvania, approved the 5th day of May, 
 1876, entitled "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. 1 15), it is hereby ordered by the said court, now 
 sitting at Harrisburg, in and. for the Middle District 
 thereof, as follows, that is to say : 
 
 The following counties shall be and are hereby 
 transferred from the Eastern District to the Middle 
 District of the said court, viz : 
 
 Cameron, Clearfield, Clinton, Elk, Lycoming, Mc- 
 Kean, Potter, Snyder, Sullivan, Tioga, Union, Warren. 
 
 The following counties shall be and are hereby 
 transferred from the Northern District to the Middle 
 District of the said court, viz : 
 
 Columbia, Montour, Northumberland. 
 
 The following county shall be and is hereby trans- 
 ferred from the Middle District to the Western District 
 of the said court, viz: 
 
 Somerset. 
 
 By reason of the said transfer the Eastern, Middle, 
 and Western Districts of the Supreme Court shall 
 hereafter stand and be composed of the following 
 named counties, viz: 
 
The Eastern District, of Berks, Bradford, Bucks, 
 Carbon, Chester, Delaware, Lehigh, Luzerne, Monroe, 
 Montgomery, Northampton, Philadelphia, Pike, Schuyl- 
 kill, Susquehanna, Wayne, Wyoming. 
 
 The Middle District, of Adams, Bedford, Blair, Cam- 
 eron, Centre, Clearfield, Clinton, Columbia, Cumber- 
 land, Dauphin, Elk, Franklin, Fulton, Huntingdon, Ju- 
 niata, Lancaster, Lebanon, Lycoming, McKean, Mifflin, 
 Montour, Northumberland, Perry, Potter, Snyder, Sul- 
 livan, Tioga, Union, Warren, York. 
 
 The Western District, of Allegheny, Armstrong, 
 Beaver, Butler, Cambria, Clarion, Crawford, Erie, Fay- 
 ette, Forest, Green, Indiana, Jefferson, Lawrence, Mer- 
 cer, Somerset, Venango, Washington, Westmoreland. 
 
 By virtue of the same Act of May 5th, 1876, return 
 days are hereby established for all of the aforesaid 
 counties, viz : 
 
 There shall be two Special Return Days for the city 
 and county of Philadelphia for all writs, process and 
 other proceedings, issued or begun on or after the last 
 Monday of July in every year ; that is to say : The first 
 Monday of January in every year for writs of error, 
 process and proceedings issued or commenced before 
 the first Monday of December next preceding ; and 
 the first Monday of February next following for writs 
 of error and other process and proceedings issued and 
 commenced on and after the first Monday of December 
 in every year. To which return days respectively all 
 writs of error, process and other proceedings, in and 
 for the said city and county, issued or begun on or 
 after the said last Monday of July, in every year, shall 
 be returnable. And the first eight weeks of the term 
 are hereby assigned for the hearing of all cases in and 
 for said city and county of Philadelphia. 
 
Argument of Cases. 
 
 And now, to wit, January 8th, 1878, it is ordered that 
 the Hour List be heard under the rules for four weeks, 
 consecutively, and that on the fifth Monday of the term 
 the hearing of the list be suspended, and the General 
 List be taken up, and the cases then upon it be plead 
 in 'their order, reserving the power of the court to limit 
 the time of argument until the court shall deem it 
 proper to return to the Hour List. This order not to 
 interfere with special orders to particular cases. 
 
 Concerning Bail in Error. 
 
 February 18th, 1878. 
 
 The existing Rule V, relating to Bail in Error, is 
 rescinded, and the following adopted as Rule V in lieu 
 thereof: 
 
 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 plain- 
 tiff in error or appellant must either put in new bail 
 or the old bail must justify within ten days after excep- 
 tion taken ; in default whereof the writ of error shall 
 not be a supersedeas of the execution. New bail may be 
 put in or the old justified, within the ten days, before 
 the Prothonotary of this court in the proper district, 
 or before the Prothonotary 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 af- 
 fidavits of justification, shall be returned to the Pro- 
 thonotary 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 record. For 
 the purpose of this rule the Prothonotaries of the 
 several Courts of Common Pleas are appointed Com- 
 missioners of Bail. 
 
Writs of Error in Capital Cases. 
 
 i . The first Monday of each month shall be a special 
 return 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 argu- 
 ment thereof: Provided the court shall then be in ses- 
 sion in any district. If then in session in a district, 
 other than that in which the writ issued, the Prothono- 
 tary issuing such writ, shall certify the record to the 
 district in which the court shall be sitting. 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. 
 
 2. Capital cases shall be placed at the head of the 
 list for argument. 
 
 3. The writs of error and certiorari issued between 
 the publication of these rules and the first day of Feb- 
 ruary next, shall be made returnable on the first day 
 of March, 1877. 
 
 4. The plaintiff 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. 
 
 And now, to wit, January 20th, 1879, it is ordered 
 that " hereafter every precipe for a writ of error or 
 certiorari in a capital 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 Prothonotary shall not issue 
 said writ unless the same be specially allowed by this 
 court or one of the Justices thereof." 
 
Hour List. 
 
 And now, January 4th, 1877, the following rule is 
 adopted by the court for the argument of cases in the 
 Eastern District of the Supreme Court of Pennsylva- 
 nia, viz : 
 
 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 attorney or solicitor of either party may order a 
 cause on said list at 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 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 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 argu- 
 ment of the " Hour List," counsel shall be heard for 
 one-half hour only on each side. 
 
 The court directed that hereafter the list should be 
 called at eleven o'clock in the morning, instead of 
 at ten. 
 
 March 18th, 1878. 
 
 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. 
 
For the other counties of the Commonwealth the re- 
 turn days shall be as follows, viz : 
 
 In the Eastern District. 
 
 The 9th Monday of the term for the counties of 
 Berks, Bucks and Lehigh. 
 
 The 10th Monday of the term for the counties of 
 Bradford and Luzerne. 
 
 The nth Monday of the term for the counties of 
 Schuylkill, Susquehanna and Wyoming. 
 
 The 1 2th Monday of the term for the counties of 
 Chester, Delaware and Montgomery. 
 
 The 13th Monday of the term for the counties of 
 Northampton, Wayne, Monroe, Pike and Carbon. 
 
 To which return days all writs of error, process and 
 proceedings in and for the said several counties in the 
 Eastern District shall be accordingly and respectively 
 returnable, and the causes from the said several coun- 
 ties shall be heard in the same week to which their 
 writs of error and other process are returnable respect- 
 ively. 
 
 In the Middle, District the term shall begin upon the 
 first Monday of May in every year, and the return days 
 shall be as follows, viz : 
 
 The first Monday of the term for the counties of 
 Lancaster and York. 
 
 The second Monday of the term for the counties of 
 Cumberland, Perry, Fulton and Bedford. 
 
 The third Monday of the term for the counties of 
 Dauphin, Lebanon and Adams. 
 
 The fourth Monday of the term for the counties of 
 Huntingdon, Blair, Juniata and Mifflin. 
 
 The fifth Monday of the term for the counties of 
 Clearfield, Lycoming, Warren and Elk. 
 
The sixth Monday of the term for the counties of 
 Northumberland, Montour, Columbia and Clinton. 
 
 The seventh Monday of the term for the counties 
 of Franklin, Centre, Union and Snyder. 
 
 The eighth Monday of the term for the counties 
 of Tioga, Potter, McKean, Cameron and Sullivan. To 
 which return days all writs of error and other proceed- 
 ings in and for the said several counties in the Middle 
 District shall be accordingly and respectively return- 
 able. And the causes from the said counties shall be 
 heard in the same week to which their writs of error 
 and other process are respectively returnable. 
 
 In the Western District the return days shall be as 
 follows, viz: 
 
 The first Monday of the term for the county of 
 Allegheny. 
 
 The third Monday of the term for the counties of 
 Erie, Venango, Clarion, Jefferson and Forest. 
 
 The fourth Monday of the term for the counties of 
 Westmoreland, Armstrong, Indiana, Cambria and Som- 
 erset. 
 
 The seventh Monday of the term for the counties of 
 Washington, Fayette, Green, Beaver and Butler. 
 
 The eighth Monday of the. term for the counties of 
 Mercer, Crawford and Lawrence. To which return 
 days all writs of error, process and proceedings in and 
 for the said several counties in the Western District 
 shall be accordingly and respectively returnable. And 
 the causes from the said several counties (excepting 
 the county of Allegheny), shall be heard in the same 
 weeks to which their writs of error and other process 
 are respectively returnable. The causes from the 
 county of Allegheny shall be heard in the first, second, 
 fifth and sixth weeks of the term. 
 
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