RULES 216-218. [PROMULGATED NOVEMBER 7TH, 1883.] 216. Hereafter, upon any suit in the court of chancery be. coming abated by death, marriage or otherwise, or defective by reason of some change or transmission of interest or liability, it shall not be necessary to exhibit a bill of revivor or supplemental bill to obtain the usual order to revive, or the usual or necessary decree or order to carry on such proceedings; but an order to the effect of the usual order to revive, or of the usual supplemental decree, may be obtained as of course upon an allegation supported by affidavit, or petition duly verified, of the abatement of such suit or of the same having become defective, or of the change or transmission of interest or liability; which affidavit or petition shall also state the grounds upon which the right to revive is claimed. An order so obtained, when served upon the party or parties who, according to the existing practice, would be defendant or defendants to the bill of revivor or supplemental bill, shall, from the time of such service, be binding on such party or parties in the same manner, in every respect, as if such order had been regularly obtained according to the existing practice. And such party or parties will thenceforth become a party or parties to the suit in like manner as if he or they had been duly served with process to appear to a bill of revivor or supplemental bill; provided, however, that he or they may, within fifteen days after such service, apply to the chancellor to discharge such order; provided, also, that if any party so served is under any disability other than coverture, such order is to be of no force or effect as against such party until four days shall have elapsed after a guardian ad litem shall have been duly appointed for such party. 217. The 108th rule is modified so as to provide that when depositions are taken stenographically before an examiner, the fees for taking them shall be divided between the examiner and the stenographer, as follows: one-third to the former and twothirds to the latter. 218. It shall be the duty of the examiner before whom testimony is taken to decide upon all objections to evidence, and his decision shall be final unless reversed on appeal to the chancellor, which is to be taken as hereinafter provided. Though appeal be taken the examination shall nevertheless proceed, but in conformity with the ruling. Notice of appeal must be given and entered on the record immediately upon the making of the decision of the examiner, otherwise the right of appeal will be considered as waived. The notice will be merely oral. If there be notice of appeal, the objection and the ground of it and the examiner's decision thereon must, with a memorandum of the fact of the appeal, be entered on the record of the evidence at the place in the record where they occur. The entry will be in brief form, as follows, for example: Defendant objects to the evidence, on the ground that it is relevant to the issue. Objection overruled. Appeal. The appeal shall he heard, without further notice, on the next regular motion day, if three days intervene between the time of making the decision and that day, but if not, then on the next motion day thereafter. If the examination be held in the first or second equity district, the appeal shall be heard at Trenton; if in the third or fourth, at Newark; though it may, by consent of counsel, be heard at Jersey City or Camden on a regular motion day there. If the appellant shall not bring on the appeal at the time fixed, he shall pay costs of the notice, unless he give at least one day's notice to the solicitor or solicitors of the other party or parties to the issue that he has abandoned the appeal. Depositions, except where taken ex parte, shall be taken before an examiner to be agreed upon by the solicitors of the parties to the issue. If they are unable to agree thereon, the examiner shall be named by the chancellor or vice-chancellor sitting for him, on motion to be made on a regular motion day, on at least two days' notice. |