St. Mary's beacon., 1861-01-24

o. - Complainant or defendant, NJ solicit
.'' u e'st'cr 81 taem, or giving his rcccip, to
ne 0'erS OF the satne, may obtsin any sx.
''o''s h~si and reiesrrd 70 III the hill. petition
OF answer. II they shall require the same Tor
the purpose of proving them. -rrss- grs1sse q
.. commissions Issued for taking testimo-
~ within the Cni'cd States, ahali lie re-
'Snea .tfia 7thiee monihs fiom the day
% tneir date, unlesS the dis. .uce exce-6 two
luiioFed miles BY the usual mafl rs,;s IN
shst Case SIX unonths; and III not r.srrpri.
RUE or orccr may be obtained for the re-
turn thereof, by such day as may be limi....
or. on application, such co,umi..i.,r. shall In
declared void; and new commission shall
Hscs' or other order, as may appear prop
r.: Trer'ded, that when suca commis.i..r
snail not I've 80 returned, il shall. pyima fl.
&C, he Considered the faait uf She ,,sr,, VIII.
had the carriage ,f said commission. Where
commission, shall not be s,.ued within
nHeen days FINN the Date of the ur,lrr or
argnEent for the same. the complainant,
shali be subject to tue rsle Er further
proceedings hereinafter n.-lai.ned. Other
commissions fer taking Testimony shall be
serject tn the special order VI the Court in
the particular CASES.
l. When any report ef the Auditor of
me Eourf stall have been flied and docket
eti. anal shall have lain in C"urt during the
~ho'e term, the Court will ON application.
ACT Oh the same hn, particular orders will
oe pa.sed, If applied for. a. to such re-
ports, On such nDtics or tsrn.s al the Court
may direct.
g No h"al decree Of partition or Of dover
snai DC made on the report of the commits.
sioners. unless such report shall have
b"en hled AID shall have lain in the Office
during one whole term, or unless the parties
snail have certified. in writing, their appr.--
bati"n Of the report: Provided, hoeerer, ti,ss.
at any time after filing such report. any bar
ty may obtain ~ order for rAiiiyiny it, uu,-
sess cause be shown at such :isl,c aud on sucL
notice az may be directed
3. On motion or application, decree will
oe passed upon any fral award rendered r.,
The referees appointed BY the Kule Of Court,
and with the ccaissnt Of parties P,oridea.
such award sl.all have hren Gles; and docket
cal, and shall have lain In Court the first foer
dsys vi term, and ,;,at lac exception shall
have been made thereto; or provides! a cnuy
OF tie award hlad ard ducketed, shall have
been served on the opposite party or his ~.-
iic'tor at least ter days before such motion or
application. and that no exception shall hare
been filed to- the award
10. Gauss" set d"wn for hearing. and mo-
items for dissolvlng iujunc tioi,., will be- taken
up OF application OF either party. and VITA
CIT regard 10 their uun,clical order OH ii.s
dos kc:.
II. In cases w!Irr" attachments are Issued
the further pre-" esq thereon u.uSt be- required
bSiors tie commencement of the term mex;
afts! the return vi such attachment. otherwise
the party mist Resort to a u-~ a:iachn.ent-
The like rule is to he ul,.erva.i a. to orders ,t
publication and erd-rr for taking hills pro
oci.fesso, under the NC; Of l.93.
II. Under tho act ii Is %. chapter lsI
the proof OF 'hs RICH: ii the applicant. ex.eu-
tar or administrator 10 Appear, ,l,a!i he an ex
qualification Il tie letter. ;.s; sm"Il,arv or a.
administration. or ar affidavit "f the death of
the party and hcirShip whrre heirs are III.
applicants l-aLd in addition to the afti,iavi,
Of death Of tine party 'ier,r-s applying shall
exhibit a certified copy of the will under
which they claim. The Cour, will order lao
tic- 10 be served "n the Opposite party Of the
; adnilsol IA at the personal representatives or
heirs. or deviSers as parties but such Notice
shalt con,ist only m the copy Of the order si,i
admitting the saii parties In such order tie
opposite party shall u: allowed ten ,iav. af-
Ter service 10 shew cause against the adn,is.
| sion.
10. The absence of counsel jcxcem in case.
Of 81, khessI sr Of party appearing ~i,hnu,
counsel. shall net he considered A. q ground
! IL Continuance "r pos,p"nrn,ent ard when
two or more solicitors. or his ability 10 attend
shall bs sufficient h. prevent u continuance or
past Ionemsnt OH account uf the absence, for
any can.. Whatsoever oil tie other solicitors
IA. NJ party nor his solicitor shall be-
bound L" take notice ut any rule or order.
made and d"cksted cathcr in term or during
; vacsti"n. relative t" any salt, unless copy of
! such rule order be served on tie said party
or his solicitor within four days after the pa..
sing or e,,rring If such rule or order. or a.
shall be by The Court specially directed
Is On amy application for eontinusnc-
for want Of Testimony or any other CAUSE,
OF "n application to "pcn or remand COM
mssn, ur 70 have = new commission is-
sued for the purpose of taking further testi-
mony, the opposite party may require prot
by affidavit Or otherwise. Of the nature al the
TESTIMONY wanted aud Of the rea.ois which
may have prevented its being produced in
time.
| l6. On tho suggestion Of the death of y
party, which would ahate the suit, the same
10 to he entered "abatsd," and hot bro,szh,
forward or continued on the docket, under
Leave to File Pill Of Revivor." unlr~s the
party suggesting the death, OF some other
party. take further proceedings, either hy Bill
Of Revivor. or under the act of 1920. chap
ter l6l-hy the fourth day Of term next at
ter that at which the suggestion shall be made
| II. On motion To dissolve irjunctions, i!
the complainant shall mt argue tie same ON
she day assigned for hearing, the oplr's,'e
party may argue the same on the day as
signed for hearing. the opposite party may
argue II orally or by notes On that day, 81
submit it I" tbs Court. who shall there.
upon proceed to determine the said mo.
| tivn.
Is. At any stage IF causs. where fsrti.-
81 proceeding. are proper to b. had or IN.
part Of the Complainant. the defendant may
obtain rule for such further proceeding
to he had BY the fourth day of the s.cond
tcrn after that al which such rule shall be-
entered; aud il the c"nl psinant shall not com:
ply with such rule. his bill ,nsy, on applca-
! .iun be- dismissed.
/ l9. When AZ answer shall be iletl to an in
junction hill, admitting the equity, ,lcre,i