Excerpt from Rules of Equity Practice Adopted by the Supreme Court of Pennsylvania, May 27th, 1865: With the Report of the Commissioners

Orders for allowing further time are hereafter only to be granted on notice to the other party.

Cautionary orders on injunction bills are abolished. At the same time, that which was their only excuse, the rule that injunctions shall only be granted on notice, is done away with. Cases of emergency sometimes occur where there is no time to give formal notice, to prevent irreparable injury, or where the notice would defeat its own purpose. On the other hand, the security which the law requires before the grant of an injunction and the unwillingness of judges to act without notice to the other party except in extreme cases, afford together a sufficient protection to'. Defendants. To this is added a provision that an injunction without notice is made operative only for five days, unless the motion is argued within that time.

In the City of Philadelphia, rules and orders to plead or close testimony, which would otherwise expire in the months of July and August, are postponed until Septem ber. A vacation which elsewhere may be only a habit is here a necessity.

These are the principal alterations which the Committee have made. The object as will be seen has been in the main to shorten and simplify equity proceedings; to make them less expensive, and at the same time to adapt them to the course of practice and usages which prevail in this State in common law cases. Most of these changes are not untried. They have for a number of years been adopted and in use in England and elsewhere. Other alterations have been made in the existing rules, either to correct their phraseology or to adapt them to recent Acts of Assembly.so as to give them a more logical order of succession than they now possess.

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