Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1871-10-12
THE CHANCELLORs.


GOttEmtns thShtcFs EhStthccs
The Nashville Banner, of yesterday,
has the following report of the Chancery
meeting
The Chancellors Of the State met in
the State Library yesterday morning at
ten o'clock, Chancellors Morgan, Marks,
Fentress, East, Nixon, Fleming, Scott,
Goodpasture and Smith being present.
Chancellor Morgan was called to the
chair, and Chancellor Smith was apr
pointed Secretary.
On motion of Chancellor East the
rules of the Code governing Chancery
practice were made the basis of the ao-
ton of the meeting, and were taken up
in their order, to be adopted, rejected
or modified.
1t was moved by Chancellor East to
drop rule No L. Lost No. | reads;
''The residence OF compliments and de-
PENDANTS shall be stated in ell bills, and
SO it stands.
Chancellor East then offered the fol-
lowing rule, which was adopted in lieu
of rule No. 2: rf nNn
"All papers and documents referred
to in proceedings or dispositions, as
exhibits, shall be filed in the Office of the
Clerk and Master at the time the plead
ing or deposition is filed, unless by spe-
cial order of the Clerk and Master or
Chancellor, Endorsed upon the pleading
or deposition, il is otherwise ordered,
but the same shall be filed at any time
thereafter upon the order of the Chan
'cellor or Clerk and Master, and the
pleading or deposition shall not be re-
ceived by the Clerk or filed until this
rule shall be complied with, provided,
the exhibit is not already a paper of
record in that court.
ChancelIors Fentress, Scott and East
were appointed to take into consideration
rules 3, 4, and 10, embracing the whole
subject Of contempts.
Rule 6, as adopted, reads: "The Clerk
and Master shall note upon the pleadings
and other papers fled the day on which
each is filed" -.
Rules and and all matters relating
to granting and dissolving injunctions
and appointment Of receivers, were re-
ferred to a committee consisting of
Chancellors East, Scott, Nixon and
Fentress tff
Rule was adopted without change,
and reads
"Ifa defendant obtain time TO answer
the compliments bill, he shall not file
plea or demurrer unless the order giving
time expressly embrace those modes of
defense"
Rule II was amended so as to express
more explicitly what was intended.
Rule II was adopted without change,
and reads:
1.-THE Commissioner before whom
deposition is taken is required TO annex
bill Of costs of taking the same"
Rule 10, concerning notice to take
deposition, was adopted.
Chancellor Fentress called attention
to the fact that Rule IL was in direct
conflict with the "act Of Assembly of
March %, 1860" and Chancellor Scott
offered, by motion, the following rule in
lieu:
after cause is set for hearing the
same shall be open to both parties for
proof without any leave OF the court be
ing obtained for that purpose, or without
being remanded to the rules, provided
that the parties must take their proof in
chief within four months, aud rebuttlng
proof within two months, as now pro-
vided by law" Carried.
Chancellor Fentress moved that these
different rules be submitted to the Legis-
lature for adoption. Carried.
Rule 10, concerning documents filed
as evidence. was rendered more explicit.
Rule l6, concerning notice Of oral tes-
timonv was abrOpated
Rule II, concerning the re-examina-
ton Of witness, was adopted without
change. -ea
Chancellors Fleming, Goodpasture,
Scott and Nixon we're appointed com
mittee 10 offer rule in lieu Of Rule No.
Is, concerning exceptions TO answer.
On motion Of Chancellor East the fol-
Loving was adopted in lieu Of Rule No 10.
THE court may hear motions at such
times as il may suit its convenience.
Rule 20, concerning appeal bond,
was voted TO be abrogated
Rule q, concerning briefs, was adopt
ed without change fHi tita
The question as to how far the Legis-
lature could lawfully invade the pre-
cincts of the Chancery Court and modify
its rules Of proceedings was touched
upon, but not discussed at length f'
The conference then adjourned to meet
this morning at 3 o'clock