St. Mary's beacon., 1858-04-22

Z
ni>s.On-OrdeTed, that the party " ho obtains
the crGer for issuing the commission shall
have ihe carriage thefpul.
Z2nd. no commission shall issue in any
cause after iile iiuie limited b. law for the
continuance of such suit, unless the Court
shall DC fully satisfied by oath the testimony
alledged to Le wanting has been discovered
since the last continuance.
z:3rd. All piradings shall be in writing but
III court the general issue and the general
replication may be entered by tie Clerk
short on tie Docket.
24ih. Tf the Defendant nrgiecis TO plead
by tie rule dav he shall net plead the act
ot limitation unless the declaration shall be-
amcaled.
18th. If the Plaintiff or defendant neglacts
10 declare or 10 plead within tie i'm! ed
time BY rule Of Cuurr, judgment Of non
pros or hy default as Ihr. case NAV be-. shall
he given, but rhc Court for special causes
shown may ahow further time 10 declare or
TO plead. and on such terms Il; Il may think
reasonable.
2'jth. No commission for taking depoSi-
tons returned under seal shall be upeneI in
vacation unless IN the presence OF the parties
10 the suit in which sail commission issued
or their counsel OF BY leave Of the Judge of
the Court.
9Th. The rule dsy for fling declarations
and all pleadng<, bills, and answers shall bc
the third Monday OF February ami third Mon
day of October respectively. unless ether
wise particularly directed by the court, and
except in cases OF Executors or aIniiiiS;r:i-
tors, which shall be on TIE second day OF
each term after the rule is laid
2Sth. Special pleas may be Withdrawn
with consent of th" plaintiff or with leave OF
the court to plea the general issue.
Z9th. Upon an appearance tc a sc:re iacias
To revive judgments or a sclre iacia> against
special bail or tcrrr-eDant> the defendant NAV
1e ruled TO plead by the rule day.
30rh. If their be demurrer in law and an
issue in fact the demurrer shall be- argued
and determined hcioIe the trial OF he issue
III fact.
3Is;. Any Issue in fact may be struck out
for the purpose Of putting in a general demur-
or al the costs OF the party making such ap-
Plcaton.
32nd. Al declarations in Eiectment shall
be served on the tenant IN possession or sci
up on the premises eight days before the Court
exclusive Of the Cay of service or setting
up and day of return. and when 50 served or
sci up the Plaintiff may take judgment BY
default against the casual ElecIor. II no ap-
p, arance for the tenant in POSSESSION or his
landlord during the term.
33rd. Upon the appearance Of a defen-
dant in E;jectmcnt he shall enter into the
common rule and have leave until the next
term 10 ascertain his defence, and If defence
shall not be then taken, general defence
may be entered on the docket, bY the Plain
titf nId defence taken during the term, and
the issue may bc joined, and the cause puI
under notice Of trial 10 the next term
34th. The Pri cipa may be surrendered
in discharge Of his bail upon a Scire !acia>
returned Scire lei NJ any time during the
first five days OF the term 10 which The
sciTe iacias is returned on payment O! the
costs Of the scIre iaciaS bat not afterwards:
aud upon Nlh,i returned upon two sue.
ccsSive scire taciaS the principal Inav hn
surrendered in discharge OF his bail 1t any
time during the sitting of tie court upon
payment OF the costs OF the ScIrr tacIas, but
not TO extend 10 any adjourned Court
:3:Jh. Every witness residing cut of the
County IN the STATE, shall be allowed for
every twenty miles in coming TO and re-
tuning from the Court one day for intine
rant charges.
3GIh. In all cases of appeals from war
rant judgments under the act Of Novem-
ber session 1871, ch Gs the appellant shall
tie his petition the term To which such ap-
peal is made re,urnabIe, and il such peii-
lion is not filed by the time the Court reach
the case in going over the appeal Docket
such appeal shall be dismissed upon appi-
cation OF the appellee. and that 1.-THE frs;
Saturday of the Court at each term shall!
be the day to take up the Appeal Docket.
(Thls amended rule made August Term,
1900
April Term, 1921, Charles County, the
following rule added:
9th. Ordered by the Court. that in all
cases where cause shall be continued at the
costs OF either party the costs incElrad OF the
survey shall not be included unless the Court
shall particularly direct them To be included.
but such costs shall depend on the hnal
termination of the suit
3Slk. Ordered, rs standing rule Of this
Court, that the surveyor OF saint Mary'S
county in every case OF Il warrant delivered
to him 10 be executed make a return OF his
plots 10 the plea day, noting thereon the
courses anu lIe unle OF receiving MS IN
structons, and ii not executed BY the plea day
tosmake return of the reason Of the delay.
59th Ordered as a standing rule Of this
Court, that in all cases OF agreement and
consent by counsel in relation TO any cause
or suit it shall be reduced TO writing and filed
with the Clerk. (AIavch Term 1929
10th. Rescinded.
4lst. In going over the Trial Docket for
the purpose of setting the PLAIN cases, the
court will continue nc cause which upon the
face of the Docket appears to be undiSputed,
unless the motion for a continuance is support
ed by an affidavit either OF the party or his
counsel, that the case is contested.
42nd. In gong over the Trial Docket the
Court will not postpone or continue any
cause for the want OF declaration or other
pleading, but will enter judgment against
the party IN default, (as the case may be)
unless for sufficient reason 10 be made appear
20 the Court.
43rd Ordered as an additional rule of this
Court thai the Sheriff make return oil all
original process in his hands and served. on
The Saturday proceeding the sitting of the
Court OF each Ierrn-and that a copy of this