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ceed.(c) Where an account was ordered to be taken by the master on the principle laid down in the decree, this court refused to allow the account to be taken, pending the appeal, from that decree ; nor would it direct the defendant (who was a trustee,) to execute a conveyance of the trust estate, and to deliver all the attending documents to a receiver, as the decree of the court appealed from had ordered.(d) An appeal A cade interposed after a decree for a sale is essentially exe-peal did not cuted, does not supersede the completion of the pur-ceedings. chase.(e)

III. Practice and proceedings on Appeals before the
Cause is before the Court of Errors.

Special Contents.

I. How appeal must be entered.

II. A copy must be served on adverse party.

III. Party appealing to deposit $100.

IV. Register's lien on deposit.

V. Form of appeal.

VI. Form of notice to adverse party.

VII. Preparing transcripts for the Court of Errors.

VIII. Necessity of transcripts.

where an ap

suspend pro

IX. Printed cases for Court of Errors.

1. How up

entered.

A party appealing from any decree or order of the peal must he court, or any part thereof, must state the same in writing to the court, and deliver the same to the register or assistant register of the court within the time prescribed by law, which we have said must be within fifteen days if the order appealed from was interlocutory,

(c) Green and others v. Winter, 1 Johns. Chan, Rep. 77.

(d) Ibid.

(e) Executors of Cortlandt v. Brasher, 2 Johns. Chan. Rep. 507.

be served on

and within five years if the decree was final. This writing or appeal, must state whether it is from the whole or a part of the decree, and if from a part, must briefly describe the part appealed from. It must be signed by at least one counsel, if a solicitor or counsel has been employed for the party appealing, and a 2. A copy to copy thereof must be served on the solicitor of the adadverse party. verse party, if he has prosecuted or defended by a solicitor; or if he has not, then on the clerk in court within eight days after exhibiting the same in court. 3. Deposit of The party appealing, must also deposit one hundred' $100. dollars with the register or assistant register at the time of making such appeal, to answer the costs of the opposite party, if the appellant shall not prosecute the same to effect: and in default of serving a copy of such writing, and making such deposit, such appeal shall be deemed to have been waived, and proceedings shall thereupon be had as if such appeal had not been 4 Register's 'made.(a) By a subsequent rule, this deposit of one lien on deposit. hundred dollars, is declared to be subject prior to any other lien to the charges of the register or assistant register for making out the necessary transcripts on appeal.(b) And this deposit is said by the court to be requisite in all cases, it being an equitable and salutary rule, to prevent delay and abuse in suing out appeals.(c)

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(a) Rule 37.
(b) Rule 79.

(c) Bradwell v. Weeks, 1 Johas. Ch. Rep. $25.

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day of

A. B. Complainant.

appeal.

The defendant hereby states to this honourable 5. Form of court that he appeals, and he hereby appeals to the court for the trial of impeachments and the correction of errors, from all that part of the decree made in this cause, on the and entered with the assistant register of this court, whereby it is ordered, adjudged and decreed, that the following exceptions taken by the defendants to the report of G. H. one of the masters of this honourable court mentioned in the said decree be overruled and disallowed, viz. the first exception; the third exception, the seventh exception; and also from all that part of the said decree whereby it is ordered, adjudged and decreed, that the defendant pay to the complainant the costs of this suit to be taxed. And the said defendant prays that the said decree may be sent to the court for the trial of impeachments and the correction of errors before the president of the senate, the senators, and the justices of the supreme court. day of

Dated the

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6. Form of notic *་ ad. verse party

Notice accompanying a copy of the appeal served upon the opposite party.

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Please to take notice that the annexed is a copy of the appeal filed in the above cause on the part of the defendant, on the day of instant, in the office of the assistant register of this court, and that the defendant hath deposited with the said assistant register one hundred dollars, as required by the rules of this court. Dated the Yours, &c.

To E. F.

Sol'r. for compl't.

day of

G. H. Sol'r. for def't.

This appeal being filed, and notice given, each party 7. Preparing (in order to prepare the cause for a hearing in the the Court of court above) should deliver to the register, or assistant

Errors.

register, a memorandum or list of all the pleadings, proofs, exhibits, depositions, and other papers on file in the office of the register or assistant register, which he will want to make use of in the court above, in order that the transcripts thereof may be prepared and sent by the register, or assistant register, under the seal of the court of chancery to the clerk of the court of

errors.

One of the rules prescribes, that whenever an appeal shall have been filed the register or assistant re

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, 8. Necenity 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)

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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.

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

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