Directory_and_Chronicle_1889 — Page 902

Appeal petition; Time for filing.

Contents.

Service.

Respondent's

answer.

Copies furnished.

Objections in

answer.

Effect of not auswering.

Record of appeal.

78

RULES OF SUPREME COURT

II.-From Decrees or Orders at Hearing.

163. The appellant must file his petition of appeal in the Court below within fourteen days after leave to appeal is given.

164. The petition of appeal shall contain an exposition ofthe appellant's case as supported by evidence already before the Court, and by the record as it stands, and may not refer to any matter of fact not appearing by such record or evidence, or which may not by argument and inference be fairly deduced therefrom.

It shall set forth the grounds of appeal, and the particulars in which the decree or ordipealed from is considered by the appellant to be erroneous or defective, and shall pray that the same may be reversed or varied, and that the Court above may make the particular order to which on the record and evidence as it stands the appellant conceives himself entitled, or such other order as the Court thinks just.

It may contain any matter by way of argument in support of the appeal. 165. The petition of appeal shall be served on such persons as the Court directs.

166. Any person on whom the petition of appeal has been served may. within fourteen days after service, file in the Court below an answer to the petition of appeal.

The answer shall contain an exposition of the respondent's case as supported by the evidence already before the Court, and by the record as it stands, and may not refer to any matter of fact not appearing by such record or evidence, or not by argument and inference fairly deducible therefrom.

It shall simply conclude with a demand that the appeal be dismissed. It may contain any matter by way of argument against the appeal. 167. Čopies of the answer shall be furnished by the Court to such persons as it thinks fit.

168. All matter of objection to any appeal, as being out of time, or on any grounds other than on the merits of the case itself, must be sub. stantially raised by the party desiting to rely thereon, in and by the answer to the petition of appeal, and if not so raised, or where no answer is put in, no such objection shall be permitted to be raised at the hearing of the appeal.

169. The absence of an answer shall not preclude any person interested in supporting the decree cr order from supporting the same on the merits at the hearing of the appeal.

170. On the expiration of the time for answering, the Court below shall, without receiving any further pleading in appeal, make up the record of appeal, which shall consist of (1) the petition, pleadings, orders, and proceedings, and the decree or order in the suit, (2) a copy of all written and documentary evidence admitted, or tendered, and of the notes of the viva voce evidence, (3) the petition or petition 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 Supreme Court is disposed of, the Supreme Court shall be deemed in possession of the

whole suit as between the parties to the appeal.

Power of

over suit in

which appeal is pending.

Power of

Supreme Court to remit the

esse or other. wise procced

mit.

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 questions 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