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Power of Supreme Court over suit in which appeal is pending.
Power of Supreme Court to remit the case or otherwise proceed in it.
Day for hearing,
Appearance by counsel er attorney,
Appeal motion.
Respondent's argument,
Record of appeal.
62
RULES OF SUPREME COURT
of all written and documentary evidence admitted, or tendered, and of the notes of the rirá roce evidence, (3) the petition or petitions of appeal, and (4) the answer or answers thereto.
The whole record shall be fastened together, the several pieces shall be numbered, and the whole shall be secured by the seal of the Court below.
171. After the record of appeal has been made up, and until the appeal is disposed of, the Supreme Court shall be deemed in possession of the whole suit as between the parties to the appeal.
Every application in the suit shall be made to the Supreme Court and not to the Court below, but any application may be made through the Court below.
172. The Supreme Court may from time to time make such orders as seem necessary for determining the real question in controversy between the parties.—and for that purpose may, as between the parties to the appeal, amend any defects, or errors in the record of appeal,- and may direct the Court below to inquire into and certify its finding on any question as between such parties, or any of them, which it may be necessary or expedient to determine before final judgment in the appeal, and generally shall, as between the parties to the appeal, have as full and ample jurisdiction over the whole suit as if the same bad been instituted and prosecuted in the Supreme Court itself as a Court of first instance by parties subject to its ordinary original jurisdiction, --and may rehear the whole case, or may remit it to the Court below to be rehear, or to be otherwise dealt with as the Supreme Court directs.
173. The Supreme Court shall, on receiving the record of appeal, fix a day for the hearing thereof.
Such day shall be fixed as will allow of the Court giving notice thereof through the Court below to the parties to the appeal, and as will allow of the parties attending either in person or by counsel or attorney, if they or any of them desire to do so.
174. In case all the several parties to an appeal appoint persons at the place of sitting of the Supreme Court to represent them as their respective counsel or attorneys in the matter of the appeal, and cause the same to be notified to the Supreme Court, the Court shall allow the appeal to be set down in the general hearing list at once, and shall proceed to dispose of the appeal in its turn without further notice to the parties or any of them; and the respective representatives of the parties shall be bound to watch for and take notice of the day for the hearing of the appeal.
III.-Not from Decrees or Orders at Hearing.
175. The appeliant shall file his appeal motion-paper in the Court below within seven days after leave to appeal is given.
He may at the same time file in the Court below any argument he desires to submit to the Supreme Court in support of the appeal.
The motion-paper and the argument (if any) shall be served on such persons as the Court directs.
176. Any person so served may, within seven days after service, file in the Court below any argument he desires to subunit to the Supreme Court against the appeal.
Copies of such last-mentioned argument (if any) shall be furnished by the Court below to such persons as it thinks fit.
177. On the expiration of the time for filing such last-mentioned argument the Court below shall make up the record of appeal, which
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