The Providence news. (Providence [R.I.]) 1891-1906, 1905-07-18


The practical knowledge OF conditions In
the courts enabled the new justices 10
prepare rules and orders that promise
well for the expediting Of business. The
first equity cause upon which the supe-
rior court was called TO act came from
Bristol and provided for the entering OF n
decree taking a bill in equity as confess
ed Edwards & Angel obtained the first or
der from the court In a Providence mat
ter.
SUPREME COURT ORDERS.
The two following orders have been
made by the supreme court.
Masters in chancery appointed by the
supreme court or by the appellate divi-
sion thereof, registers I'm insolvency and
receivers appointed by the appellate dlvi'
sion and commissioners, auditors and
referees appointed by either division OF
the supreme court before whom any
causes are pending or whose duties have
not been fully performed are continued In
office for the purpose OF completing tho
consideration OF such matters as are pend
ing before them. or IN which they are en-
gagged and upon disposing OF such matters
shall make report and return the papers
n any they have, TO the codrt 10 which
the causes have been transmitted In ac-
cordance with the provisions OF the court
and practice act.
The clerk OF the supreme court ia hereby
authorized 20 transfer from time to time
20 the clerk or the superior court for
Providence and Bristol counties and "a
the clerk OF the superior court for Kent
county upon request OF any party inter
ested cases for the purpose OF issuing ex-
ecutions, and papers in divorce petitions,
suits and proceedings m equity, proceed
tngs relating TO the poor, and other pro-
ceedings for additional acts and supple
mentary or additional process or relief in
the superior court. except that until fur
ther order divorce petitions shall be trans
ferred only to the clerk OF the superior
court for the counties OF Providence and
Bristol
NEW RULES OF PRACTICE
The new rules OF practice I'm the SUI
preme court have been formulated and
typewritten. and as soon as possible Will
be reprinted. In the meanwhile frey
can be seen at the clerks office. All
rules heretofore in force have been
rescinded
The important changes are here noted
''Notice on petitions for trials or new
trials. in which notice is necessary. shall
be by citation issued by the clerk as of
course. when the petition is filed. return
able at a time requested by the petitioner.
Ilol less IMAM ~ nor more IMAM ~ days
after the issue thereof unless some
other special notice shall be ordered by
the court. Such citation shall be served
at least 10 days before the return day
and the cause shall be placed by the
clerk on the calendars OF the court IDr
hearing by the court on the return day
or the citation except in vacation the
citation shall be returnable on the first
day on which the court will be in session.
II said day shall not occur within 20 days
from the date OF citation.
Cases in which the supreme court and
superior court have original concurrent
Jurisdiction shall not he filed or received
by the clerk or the supreme court with
out leave Of the court. Such matters
shall be called up i'm open court, without
previous fling. upon the question whether
the court will entertain jurisdiction"
DocKETING CASES.
In docketing the classes viii include
the following: /. Constitutional ques-
lions 2. Miscellaneous petitions and ap-
peals. 3 Bills OF exceptions. etc. T.
Equity. Proceedings In equity originally
entered in the supreme court. appeals in
equity, causes in equity certified 10 su-
preme court and cases stated for opin-
lens shall be docketed under equity.
Assignment OF cases for hearing may
be made by agreement Of parties for Mon
day. Wednesday and Friday Of each week
during the session. except that cases will
not be assigned for hearing on legal holl-
days, nor on Good Friday. commence
ment day at Brown university and the
two days before and after Christmas.
Every petition for allowance Of a bin
OF exceptions or for determining the cor
rectness OF a transcript of testimony
shall be verified by afidavit accompanying
the petition. setting forth I'm full the rul-
ings upon which the exceptions are based
or the ground OF objection and ali facts
material thereto and the petitioner shall
within "a hours after the nling Of his
petition deliver 20 the adverse party or
his attorney OF record copy of the same
and the afiidavits annexed thereto. The
adverse party may fle counter afidavits
within ten days
FORM OF BRIEFS.
Briefs are TO be IN form as In the ap-
pellate division OF the Supreme court. but
Q party IN default cannot be heard save
BY leave OF court On the first Monday In
the months the court Is in session motions
may be heard before taking up the call
endar OF The day. II the first Monday
falls on a legal holiday the next day will
be motion day.
Either party may take out the tran
script OF evidence, upon leaving receipt
thereof. 10 be kept for tho period OF three
weeks. unless the case AT the time Of taxi
Ing out transcripts shall be assigned for
trial in which event the transcript may
be kept for one-half of the period elapsing
between the time of taking out and the
date on which the case IL assigned for
trial. provided that the transcript shall
not be retained by either party for a
period longer than three weeks and pro-
vided further that a transcript OF evidence
shah not be taken out a second time by
the same aidH, except b. consent OF par
ties. until DO other side has had an op-
portunity Tor three days OF taking out
same
SUPERIOR COURT ORDERS.
In tho Superior court the following
srders have been made
Assignments for jury trials in Provi-