announced, as is done in some other States; and the advantage of the State Library, with opportunity for final preparation of causes, affords a profitable method of disposing of the time of waiting.

The subject of interchanging briefs in advance of the argument of causes is a more important one. In the Supreme Court of the United States that custom has always prevailed, and has been regulated by rule of the Court, to great satisfaction of counsel. It also exists in other jurisdictions. It enables the party who seeks to retain the judgment below, to be appraised of the points and grounds of attack, and to confine his answer to the issues made by the other side. It tends to narrow the issues contested, and abbreviates the arguments, both printed and oral. It would seem to afford a method of avoiding the danger of surprise, which is especially likely to occur under our practice of pro forma rulings in Chancery, and upon reports and agreed cases in the County Court, when parties practically have but a single trial. We therefore present for the consideration of the Association, the following proposed rule, which may in our judgment, in the form presented, or under such modification as shall be thought wise, he properly laid before the Supreme Court for adoption as a substitute for the present seventh rule.

RULE VII.—In any case to be heard in this Court upon exceptions allowed by the County Court or on appeal from the Court of Chancery, the counsel for the party who is to open the argument, shall prepare a brief which shall contain:

1. A concise abstract or statement of the case, presenting succinctly the question or questions to be argued and decided.

2.

In Chancery appeals, such reference to the evidence, and statement of claim therefrom, as is required by the existing rule, (50 Vt. 752.)

3. A brief of the argument, exhibiting a clear statement

of the points of law to be discussed, with a reference to the authorities to be relied upon under each point.

A written or printed copy of such brief shall be delivered to the counsel of the opposing party, or left in the County Clerk's office for his use, at least one week before the opening of the Term, and a like copy shall be delivered to each of the Judges at the opening of the argument. The counsel for the other party shall prepare a brief of the like character, except that no statement of the case shall be required, unless that furnished by the first brief is controverted; he shall deliver a written or printed copy thereof to the counsel of the opposing party or leave such copy in the County Clerk's office for his use, at least two days before the opening of the Term, and a like copy shall be delivered to each Judge at the opening of his argument.

In cases heard upon petitions, motions or as original entries in the Supreme Court, briefs substantially as above provided shall be exchanged by counsel, and furnished to the Court upon opening of the argument.

A copy of every brief shall also be furnished the Clerk for the use of the Reporter. Without a brief prepared and furnished as above required, the party in default will not be heard in argument, except by consent of his adversary and with the permission of the Court. Questions not presented in the briefs will not be permitted to be argued, although the Court in its discretion may consider a question of fact or law apparent from the record, but not asserted in the brief.

The third proposed resolution respecting the extended reading of authorities in the Supreme Court, meets the approval of the committee, and its adoption is recommended.

For the Committee,

ALDACE F. WALKER.

REPORT OF THE COMMITTEE TO PROCURE AND ERECT A MONU

MENT TO CHIEF JUSTICE PIERPOINT.

BURLINGTON, Vt., October 11th, 1884.

To the Vermont Bar Association:

The undersigned, appointed by the Association at its annual meeting in 1882, a committee to obtain subscriptions and to erect, in the cemetery at Vergennes, a monument in memory of the late Chief Justice Pierpoint, respectfully report:

That immediately after their appointment, they issued to the Bar of the various counties, forms for subscriptions, accompanied by a circular letter.

It did not seem to your committee either appropriate or necessary to ask contributions from any but members of the profession. Their appeal to the Bar was promptly and generously responded to from all parts of the State, and the tribute of respect and affection, which the monument was designed to signalize, derived an added and gratifying force from the cheerfulness and unanimity with which it was concurred in. Subscriptions were received by the committee as

follows:

From individual members of the profession, Judges, etc., $220 From the Bar of Chittenden county,

Franklin county,

Addison county,

Rutland county,

95

81

70

95

36

79

40

75

23

52

47

77

$1,000

Interest received on deposit from Burlington Savings Bank, $32.67.

All the original subscription papers are appended to this report.

From the aggregates shown by some of them are deducted subscriptions of Judges therein included, and separately acknowledged above.

With the proceeds of these subscriptions your committee have erected in the cemetery at Vergennes, over the grave of the Chief Justice, a handsome and substantial monument, of Barre granite, of simple design and correct proportions, such as seemed to them appropriate alike to the character we commemorate and to the profession we represent. One of the same model may be seen by members of the Association, in the cemetery at Montpelier, over the grave of Chief Justice and Senator Samuel Prentiss.

And on the opposite side,

“ERECTED BY THE BAR OF VERMONT.”

The cost of the monument itself was $575.. It was executed by Sumner Kimball, of Montpelier.

We have also surrounded the lot in which the monument stands, with a substantial coping of Isle La Motte stone, with posts at the corners. This rests on a wall of masonry underground, five feet deep, three feet thick at the bottom and two feet thick at the top, laid in cement in the most thorough manner. With this foundation it is believed that the coping will remain permanently in its place.

This work, necessarily expensive, has been rendered more so by the nature of the soil, and the distance from which materials had to be brought.

It is so recently completed that the committee cannot state its precise cost, as some accounts are as yet unadjusted. It is hoped that it will fall within the amount of the balance on hand, but it may slightly exceed it. A detailed statement of the expenditure will, as soon as practicable, be furnished the Secretary of the Association, to be by him attached to this report. And should any balance remain in the hands of the committee, it will be paid to your Treasurer.

The committee recommend that the original subscription papers herewith returned, containing the signature of almost every member of the Bar of Vermont, shall be preserved among the archives of the Association.

REPORT OF THE SPECIAL COMMITTEE UPON THE PROPOSED NEW RULE AND OTHER MATTERS RELATING TO PRACTICE

IN THE SUPREME COURT.

To the Vermont Bar Association:

The undersigned, appointed a committee to consider the matter of the .interchange of briefs by counsel in a cause, before the argument, and various other matters referred at the same time, respectfully report that we have considered the matters referred to us :

We recommend that the following draft for a rule be presented to the Supreme Court, with the request that it be adopted as Rule vii of the Supreme Court, viz :

RULE VII.-The counsel of the respective parties shall furnish each to the other a copy of his brief, such as is prescrib