Commonwealth ex rel. Arrott Steam Power Mills Co. v. Arnold

Citations

• 161 Pa. 320
• 29 A. 270
• 1894 Pa. LEXIS 691

Syllabus

<p>Practice — Bills of exceptions — Duty of judge — Constitution—Statute of Westminster id — Acts of Feb. 24, 1806, and May 24, 1887.</p> <p>The statute ol Westminster 2d has not been repealed, nor has it become obsolete. Bills of exception, though their form has been somewhat changed in practice, fill the same place in regard to trials they always have; and for putting on the record matters of evidence, of the competency of witnesses, etc., they are still the only way known to the law.</p> <p>The acts of Feb. 24, 1806, 4 Sm. L. 270, and May 24, 1887, P. L. 199, have not relieved the trial judge of the duty of examining the bill of exception and the charge filed of record, and of certifying them by his own proper signature. This is a personal duly of the judge which cannot constitutionally be delegated by him, or transferred by the legislature to any subordinate. Chase v. Vandegriit, 88 Pa. 217, explained.</p> <p>Where the judge has certified and filed of r'ecord in his court the transcript of the evidence, showing the exceptions and the charge, he is not under any obligation to sign a second or separate bill, marking certain parts of the charge as specifically excepted to, by inclosing them in brackets, or by similar device, though it is good practice to do so.</p>