Evening journal., 1916-04-27
NEW RULES FOR
CHANCERY COURT
Chancellor Curtis Suggests
Changes in Present Code
Drawn in 1868
CALLS LAWYERS
TO CONFERENCE

Chancellor Curtis has asked for a |
conference at 1890 o'clock on Satut-
day. May 6, with members Of the bar
respecting the rules Of Chancery
Court. The existing rules were framed
i'm 1868 by Chancellor Daniel NJ. Bates. !
Chancellor Curtis. in speaking OF
the proposed revision Of the court
rules. SAYS:
MY chief aim i'm suggesting
i'm the rules framed by my
distinguished and learned predeces-
sor i'm Office is to simplify procedure
and expedite the hearing and determi-
nation of causes. TO regulate the hear
ing Of the testimony of witnesses
orally. and to provide a practice for
masters and trustees Already rules
FOR the administration of the affairs OF
nsOlvont corporations by receivers
and respecting the jurisdiction Of the
Chancellor over lunatics have been
framed and adopted. and have been
ound to be serviceable and effective.
"Iho changes in the rules relating to
the procedure in rules between parties
are chiefly of interest TO the legal pro-
fession. \ new form OF subpoena has
been framed stating IN simple terms
what the defendant must do, and the
mcthod OF service is made more specific.
All bills and answers must be under
oath. and the answers must fully reply
to all the charges in the hill The
inetlod OF extracting from the adverse
party Of information needed to prose-
,aitc or defend the suit is enlarged by
providing for a fuller use OF nterroga-
tories filed at any time before the hear
ing. Exceptions may be filed TO the an
swcr il il be insufficient. The suiiiciency
of an answer may also be tested by a
motion for a decree Notwithstanding the
answer Pleas may still be used and
methods are provided TO hear the ques-
tions raised thereby: but general repli'
cations are abolished 4 motion may
5c nnde TO dismiss the bill ior want OF
evidence to sustain IL. As soon as a
rasc is at issue, either party may base
q trial fixed for hearing the testimony
of witness. directly by the chancellor
instead Of having it taken before com
missioner or examiner, who reduces II
to writing for use at the hearing. ono
great advantage is that the chancellor
sees as well as hears the witnesses ant
from their domeanor and bearing judge
the weight 20 be given to their words
This feature is new i'm Delaware. an'
is made possible by a recent statute II
conformity with which the new pro
codure is framed. One drastic rule sug
,rostcd is that ii the complainant, tn
ono who brought the suit. shall not
within 80 davs after the cause IS a
issue. make motion for hearing ln
the chancellor or for a commission Z
take the testimony otherwise. the sui
will he dismissed This will certainl
cause counsel TO step lively and pres
10 q conclusion the suit.
"The preliminary injunction or re
straining order will be granted unless
reasonable notice of an intention 4
ask therefore be given 10 the one az
Hected thereby, with proviso i'm cas-
sufficient cause be shown. This CORE
,sponds with the modern rule. whicl
frvs to protect both sides. protection
giving TO one who needs it in case
where notice would defeat the pur
pose i'm seeking the iniunctive relief
COPIES Of pleadings must be tile'
for the use Of the adverse party.
deposit Of S25 for costs must be mad
when the bill is filed.
"The rules relating to the powe
and duties OF master and the proceed
mre in cases referred TO them for con
sideration TO help the Chancellor II
complicated cases Of accounts and tn
like. are specially interesting 10 law
yers. There have been changes Il
she rules relating 10 receivers. BY
new rule they are made applicable Z
all receivers appointed for corpora
tons. including receivers I'm cases q
dissolved corporations. and this wa
done to remove an ambiguity in IN
statutes.
"I do want TO call attention espe
cially 10 The rules as to trustees
which apply mostly 10 trustees ap
nointed by the Chancellor. thougl
some apply 10 all trustees. includin
those appointed under wills. probate
since 1909 This is a subject in whic
I have been much interested since
have been Chancellor Already an inn
provemont in the manner OF Stain
accounts has heen effected. so tina
now most OF fhe accounts submitte
to me show clearly all the acts Z
the trustee and his dealings with III
trust property may readily be under
stood and his errors corrected. TIL
new rules explain this system OF aC
counting. But my chief concern ha
been that II has not been require
that notice Of the filing Of the accour
he given to the partner intereste
and approve accounts withot
knowing that the henefciaries are az
. ouainted with the facts. II is propose
by the new rules that the trustee
shall notify the persons intereste
and a method Of excepting to account
is provided This Is not 10 encourae
litigation or invite unfair criticism
hut 10 ensure notice to those into
csted. by a simple and inexpensiN
procedure. OF course, where n
partner interested valves notice, n