gister shall, with all convenient speed, cause the necessary transcripts to be made at the expense of the appellant, (who shall be liable to pay for the same in the first instance) and shall transmit the same to the clerk of the court for the trial of impeachment and the correction of errors.(a)

of transcripts.

All the original pleadings, proofs and other papers, s. Necessity which have been used in the court below and filed with the register or assistant register, remain on file in their offices, and they can only be brought before the other court by the transcripts. The parties are not at liberty to have the original pleadings and proceedings in the court of chancery brought into the court of errors to read and examine, but the proper form is to have transcripts or certified copies made of such papers, so that they may be examined by the members of the court. And in a case where the appellant had omitted to procure such transcripts, and the register came into court with a basket load of such original papers, it was determined to be irregular, and the appeal was dismissed with costs.(b)

It is important therefore to pay strict attention to the directions which are given to the register upon this subject. This observation does not, however, refer to the original vouchers or exhibits which have been used at the hearing in the court below: such documents remain in the possession of the parties respectively, and must be produced by them before the court above, marked by the register or assistant register as having been read at the hearing below. Because, as was observed before in page 162, no papers which were not used before the chancellor can be read before the

(a) Rule 38.

(b) Winter v. Green, 12 Johns. Rep. 497.

case

rors.

9. Printed

for the

court of errors, whose province is merely to review the decree pronounced in the court below upon the same evidence and no other, than was submitted to the Chancellor. New evidence is therefore not admitted. And the only node of having the benefit of newly discovered testimony is by a petition to the Chancellor for the hearing in the Court of Chancery.

While the register or assistant register prepares the Court of Er-transcripts, the solicitor of each party makes up a case to be printed for the use of the members of the Court of Errors. By one of the standing rules of the court it is directed that, ten days at least previous to thehearing an appeal, the counsel for appellant and respondent shall deliver abstracts of the bill, answer, pleadings, and evidence produced at the hearing in the Court of Equity, signed by them mutually, to the president of the senate, for the use of the senate, and to the chancellor, and each of the judges of the Supreme Court. That these papers be furnished by the appellant to the president, chancellor, chief justice, and one of the puisne judges, and by the respondent to the other judges. And by another of the standing rules it is directed, that previous to any argument of counsel, upon any appeal, a brief state of the case of each party as it appears on the pleadings and exhibits shall be delivered to the court, signed by their respective counsel who are to argue the cause. Notwithstanding these rules the practice is a little variant from them. Each solicitor draws his own case, and a sufficient number is printed for the use of every member of the court, the chancellor, judges, and senators. The case contains the pleadings at large, or an abstract from them, with the evidence and the points upon which the party relies, and is a combination of the two

orders above mentioned. And by a rule made in March, 1817, it is required that the reasons or opinion delivered by the chancellor at the time of making his decree be annexed to the appellant's case by way of appendix, unless the respondent has already had the opinion printed, and agrees to furnish copies to each member of the court.

IV. Proceedings in the Court for the Trial of Impeachments and the Correction of Errors.

Special Contents.

I. Petition of appeal.

II. Of compelling the appellant to present the petition of
appeal.

III. Motion that respondent answer

JV. Of the answer to the petition

V. Form of order that appellant present the petition.

VI Form of Petition of appeal.

VII. Form of order to answer the petition.

VIII. Form of the answer.

Petition of appeal, answer thereto.

This court commences its session with the opening 1. Petition of of the session of the legislature. The appellant must appeal. present a petition of appeal to this court, which is not

Rules of the Court for the trial of Impeachments and the Correction of Errors.

1st. Relates to writs of Error.

2d. Relates to writs of Frror.

3d. Ordered, (upon consideration of the great inconveniences which may arise by motions and petitions for putting off causes after days have been appointed for hearing thereof,) That when a day shall be appointed for the hearing of any cause, appeal or writ of error argued in this court, the same shall not be altered but upon pe

possessed of jurisdiction of the cause until the petition of appeal has been presented to them.(a)

By one of the standing rules of the court, it is ordered, that the petition of appeal, instead of reciting

tition; and that no petition shall in such case be received unless two days notice thereof be given to the adverse party, of which notice, oath shall be made at the bar of this court.

4th. Relates to writs of Error.

5th. Ordered, That on hearing of causes on appeal, one of the counsel for the appellant shall open the cause, then the evidence on the side of the appellant shall be read, which done, the other coun sel for the appellant may make observations on the evidence; then one of the counsel for the respondent shall be heard, and the evidence on the side of the respondent shall be read, after which the other counsel for the respondent shall be heard, and one counsel only for the appellant to reply.

6th. Ordered, That in cases not already provided for, the practice of this court shall be similar to the practice of the Court of Exchequer Chamber in England, and that on appeals it shall be conformable to that of the House of Lords in England, when sitting as a Court of Appeals, until further order.

7th. Ordered, That upon the president taking the question for determining a cause in this court. he shall begin with the junior justice of the Supreme Court then present, and proceed in rotation to the chief justice and chancellor, and then to the senators indiscriminately.

8th. Relates to writs of Error.

9th. Relates to writs of Error.

Ordered, That in future, upon all appeals, the pleadings and decree annexed together, as they are directed to be by law, and the exhibits and proofs in the cause, shall be brought into court, and delivered to the clerk of this court, at the same time the petition of appeal is presented.

And it is further ordered, That petitions of appeal, instead of reciting the pleadings at large, shall only recite the decree, or such part of it as is appealed from, and set forth the reasons of such appeal, and only refer to such of the pleadings.

(a) Bradwell v. Weeks, 1 Johns. Ch. Rep. 326.

the pleadings at large, shall only recite the decree or such part of it as is appealed from, and set forth the reasons of such appeal, and only refer to such of the pleadings.(b)

It is ordered, That previous to any argument of counsel upon any appeal or writ of error, a brief state of the case of each party, as it appears on the pleadings and exhibits, shall be delivered to the court, signed by their respective counsel, who are to argue the cause.

Ordered, That in all cases of error and appeals brought into this court, the judges in cases of writs of error, and the chancellor in cases of appeal, shall give the reasons for their judgment, immediately after the reading of the record or decree, and before any counsel in the cause is heard.

Ordered, That ten days at least previous to every hearing or appeal, the counsel for appellant and respondent shall deliver abstracts of the bill, answer, pleadings and evidence produced at the hearing in the court of equity, signed by them mutually, to the president of the senate, for the use of the senate, and to the chancellor and each of the judges of the supreme court; and that in like manner, ten days previous to any hearing on a writ of error, paper books be delivered to the same persons, together with a note of the errors assigned, signed by the counsel for the plaintiff and defendant in error. That the above papers be furnished by the plaintiff in error, or appellant to the president, chancellor, chief justice and one of the puísne judges, and by the respondent or defendant in error, to the other judges.

Resolved, That when an appeal from any decree of the chancellor shall be heard in this court, the chancellor may state his opinion upon every matter that shall arise on such hearing, but shall not have a voice in the decision of the court on any question whatever arising on such appeal; and that when a cause shall be brought into this court by a writ of error on the question of law in a judgment of the supreme court, the judges of such court may severally state their opinions upon every matter that may arise on such hearing, but shall not have a voice in the decision of the court on any question what ever arising on the cause so brought into this court.

(b) Orders of the Court of Errors: