St. Mary's beacon., 1858-04-01

defendant respectively IN words al length and
slgnsahe same; and that they also return with
the piats an account uf the particulars oI
their fees against the p'aintiif and defendant
respectively proved and signed by them.
18Th. In all cases where leave shall b
given TO complete any survey under any war
rant OF re-survey, or 10 make an amendment
OF, or addition 10 any plats returned under q
warrant OF re-survey, the Sheriff shall give
the plaintiff and defendant or their attorney
Tor 4 either plaintiff or defendant are non-
resident or absent from the Coun,F. % ms
a.sorney) notice IN writing Of q sfne and
place OF completing suct survey or ofmaking
such amendment or addition, at least five
days before proceeding to complete the said
survey or making any amendment or addi-
lion TO the said plots.
18th. Where leave is given by the Court
to make any amendments or addition 10 anv
plot, each party shall complete the amend
ment or addition on his part on or before the
third Monday Of March, and the third Mon
day OF November respectively. and the sur
veyor shall return two plots thereof 90 the
CleEk oi this Court, or deliver one TO each OF
the parties, plaintiff and defendant or their
attorney, On or before the third Monday oi
February and third Monday OF October, res
pectlvely, and in case the parties or their at
tornies shall have been furnished with plot
as aforesaid, then the surveyor snail return
the residue Of the said plots to the Clerk oI
this Court on the 6rst day OF the Court al
9 o'clock.
Goth. Ifa commission shall be ordered 10 ex.
anime Witnesses or to obtain testimony, and
the parties do not agree upon commission,
the party applying for the commission shall
name bis commissioners during the term
and If the opposite party shall not during the
same term name ms commissioners the com
mission may issue to the commissioners who
shall be so named.
2lst. Ordered that the Clerk of the Court
give notice Immediately Of the filing fInter-
rogatories TO the other party or his attorney
that be may prepare and iile his InterToga-
tories TO be forwarded with the said Com
nl'<sion-Orlered, that the party who obtains
the order for issuing the commission shall
have the carriage thereof
22nd. No commission shall issue in any
cause after the time limited by law for the
continuance Of such suit, unless the Court
shall be fully satisfied by oath the testimony
aledged 10 be wanting has been discovered
since the last continuance.
23rd. All pleadings shall be in writing bu,
IN court the general issue and the general
replication may be entered by the Clerk
short on the Docket
24th. If the Defendant neglects to plead
by the rule dav he shall not plead the act
Of Limitation unless the declaration shall be
amended.
25th. If the Plaintiff or defendant neglects
to declare or TO plead within the limited
time by rule OF Court, judgment Of non
pros or ny default as the case may be, shall
be given, bat the Court for special causes
shown may allow further time to declare or
TO plead, and on such terms-as it may think
reasonable.
10Th. 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 said commission issued
or their counsel or by leave OF the Judge Of
the Court. --
9th. The rule day for filing declarations
and all pIeadiags, bills, and answers shall be
lbe third Monday Of February and third Mon
lay OF October respectively, unless other
wise particularly directed by the court, and
except IN cases OF Executors or administra-
srs, which shall be on TIE second day of
each term after the rule is laid.
2sth. Special pleas may be Withdrawn
With consent OF the plaintiff or with leave of
he court 10 plead the general Issue.
18th. Upon an appearance tc scire facies
o revive judgments or q scire facias against
pecIsi bail or terre-tenants the defendant NAV
'e ruled TO plead by the rule day.
S0th. II their be demurrer in law and an
sSue IN fact the demurrer shall be argued
md determined before the trial Of the issue
n fact.
3lst. Any Issue in fact may be struck out
or the purpose Of putting in general demur-
Z at the costs OF the party making such ap-
,lication.
32Dd. All declarations in Ejectment shall
e served on the tenant in possession or set
P on the premises eight days before the Court
xclusive of the day Of service or setting |
p and day of return, and when 50 ssrved or |
e up the Plaintiff may take Judgment BY |
efault against the casual Ejector, il no ap- |
earanee for the tenant in possession or his
lndlord during the term.
SSrd. Upon the appearance Of defen-
ant in Eiectment he shall enter into the |
0mmon rule and have leave until the next
run to ascertain his defence, and If defence
Aall not be then taken, general defence
my be entered on the docket, by the Plain
q nisi defence taken during the term, and
70 issue may be joined, and the cause put
nder, notice Of trial TO the next term.
S4,h. The Pri eipal may be surrendered
discharge Of his hal upon scire. faeias
'surned scire feei n any time during the
fst Eve days of the term 10 which the
ire 'facias d returned on payment Of the
,sts Of the scire facias bat NOT Afterwards;
I'd upon Mill returned upon two sue.
.ssive scire facias the principal may be
lrende,ed in discharge OF his bail at any
ne during the sitting Of iha court upon
ayment OF the costs Of the scire facias, bat
u 90 extend TO any adjourned Court.
S5th. Every witness residing out OF the
ouniy IN Ihs State, shall be allowed for
rery twenty miles In eoming to and re-
nn;ng from the Court one day for in.ins- |
mt charges. -
s6sh. In I'll cases- of appeals ffsm war
nt judgments under the aet of N0vsm-
! sessi0n l7ei, eA O. the appellant shall |
s44tA NA@F $50 d. W. 80 r. Isl