Year: 1860

! 33. pom any bill filed, and before the defen-
dant has answered, upon oath made that any OF
the plaintiff or defendants witnesses are aged
or infirm, going out Of the State, or that one
of them is single witness to amaterlai fact, the
Clerk may issue commission to the commission
crs appointed by the Court, for taking the exam
inaton of such witness or witnesses the party
praying such commission giving such notice as
the commissioners shall deem reasonable to the
adverse party, Of the time and place Of taking
the depostions.


81. An answer sworn to out of the State will
be received, if sworn to before Justice of the
Peace, certified to be 50 by a prothonotary, or
Clerk of the Court under his official seal, or by
Notary Public, or before Judge of any Court,
whose official capacity shall be certified by the
Clerk of his Court under seal Of Office, Oh before
a Mayor or Notary Public.


So. Under the act of 1907, ch ia. sec. .,
an affidavit of disntcrested person will be IT.
Qured that the defendant appearing is heir at
law, before final decree will be made.


3G. An affidavit Of tie non-resilenca will Ge
required before any decree against nonresident
not appearing will be passed.


! 81. Where commission and testimony under
it shall be returned at least twenty days before
a regular Equity Term, the cause shall be set
down for hearing at the term next succeeding
such return. IF the commission and testimony
be returned in term time then the cause shall be
set down for hearing at the next regular Equity
Term


3S. When matter shall be referred to the
Auditor of the Court, to examine and report
thereon, be shall assign day and place therefor,
and give reasonable notice to the parties or their
solicitors and if either party shall fail to attend
at the time and place, the Auditor may adjourn
the examination Of the matter to some future
day, aad must give notice thereof to the parties
or their solicitors expressing therein, that in de-
fault of appearance of them, or any of them, at
the time and place, the Auditor vii! proceed, er-
| payte-and accordingly upon such default, he
shall proceed to examine the matter and report
to the Court, in order to such proceedings as to
the Court shall seem right.


80. Every petition for re-hearing shall con-
tain the special matter or cause On which such
re-hearing is applied for; shall be signed by the
counsel and the facts therein stated, if not ap
parent on tue record, shall be verified by oath Of
! the party or some other person. No re-hearing
shall be granted after the fourth day of the
Term next after that when the decree shall be
sigucd


40. Ifdefendant or tenant, coming in penaente
lite, refuse to deliver possession Of property sold
under decree, or order of Court, upon affidavit
made of the fact the Court will issue an order.
!directing possession to begiven to the purchaser.
iortilwrfr, unless SHOWN by citain day,
to be limited in said order, and on refusal or ne
gIect to comply with said order, writ habere
! facias possessionem shall forthwith be issued by
| the Clerk


Il. All deposite of money and payments into
Court, shall be made upon the order Of the Court
in some Bank in the State Of Maryland and the
money shall be deposited in the said Bank by
the Clerk, who shall give his receipt therefor to
+ t1,,, u,
account to be Immediately opened at the Bank,
upon receiving the deposite, with the case in
which the said money shall be paid or deposited;
. and the Clerk shallopen like account in a book
to be kept by him, in which he shall procure
the entries to be made by the Bank of money
deposited to the credit of the cause, and of said
account. No money deposited or paid into
Court, as aforesaid, shall be paid out, except
upon the order Of the Court, which shall author
ise the Clerk to draw check upon the Bank
payable to the order Of the applicant-and the
receipt Of the applicant for the said check shall
be taken by the Clerk the account in his
book aforesaid, in which account the Clerk shall
copy all the orders of the Court for payments
and the orders and checks aforesaid shall be de-
Iivered to. the Bank, the only vouchers to all
thorise the Bank to make the payments afore
said. The Clerk shall keep an alphabetical in
lex to said book The Clerk shall deliver copy
Of this Rule to the Bank in which the dcpositcs
shall be made


-. All guardians, receivers, and committees
of iunatics or idiots, who have been or may be
appointed by this Court if the clear annual
value OF the estate committed to their manage
ment, exceeds the sum Of two hundred dollars
shall at least once in every year, and if of less
value at least once in every two years, if the
Court shall not otherwise direct exhibit to the
Court, and file with the Clerk, an account of
their guardlanships, or other trusts, and Of the
balance OF money that may then be in their
hands respectively: that this Court NAV take
proper order for the disposition and improvement
thereof. The Clerk who shall enter the appoint
ment OF such guardians, receivers and commit
tees, shall furnish them, upon such appointment
with certified copy of this Rule 1t shall be
the duty Of the Clerk to report to the Court all
failures OF guardians receivers and committees
aforesaid to comply with this Rule, Immediately
upon the expiration Of the period aforesaid and
the Court will by order and attachment enforce
the accounts aforesaid


43. Original receipts and acquittances given
to Trustees, and lodged in the Clerks Office, shall
be returned to the said Trustees, after they shall
! have been recorded
A. In vacation the Judge will, as heretofore
transact such Equity business as the Laws all-
th0rlse blm to transact.


%. All former Rules relating to the Equity
proceedings in this Court are hereby recinded.
46. 1t is ordered that no final ratification of
any sale made by a Trustee under decree in
Equity, of any property in which an infant or
infants are in anywisc interested shall be made
by consent of parties. The ratification shall
take place only upon the usual notice published
in one or more newspapers, as the Court may by
its order direct.


Al. In all causes in which application shall be
made to this Court as Court Of equity. for the
sale Or other disposition ofany property in which
an infant Or infants are may be concerned,
either under the 18th section of the Act of AS
semby of 1885, ch, y. or under Act of 1918, /
ch. 1873, the Court will pass no decree until
commission to three free bXders, as prescribed
by the Act of 1918, shall be issued and returned
to Court.


4s. The Clerk of this Court shall not deliver
the original papers in any cause to any persons
except the solicitors in said cause and to them
IN Y on their giving receipt for the same.