Year: 1860

Il u Ii Il >


FOR THE GOVERNMENT OF THE CIR


CUT COURT FOR CHARLES COUNTY,


SITTING AS A COURT OF EQUITY.


L. The first of each term shall be the return
day for equity process.


2. No bill or petition shall be laid before the
Court until it shall have been duly filed in Court


8. Any bill or petition in writing, filed and
addressed to the Court, certified by Judge or
Justice to have been acknowledged before him
by the person whose name is subscribed thereto
the Judge or justice stating in the certificate that
such person is known to him. shall be of the
same effect as if signed and flied by Solicitor
of the Court, or as if delivered by the person to
be fled


4. No subpoena Or attachment shall issue
against any defendant until all the papers refer
red to as exhibits with the bill or petition, aud
made part thereof, shall be fled


S. A complainant or defendant, or solicitor Of
either of them, on giving bis receipt to the Clerk
of the same may obtain any exhibits filed and
referred to in the bill, petition or answer. if they
shall require the same for the purpose Of prov
ing them.


6. Commissions issued for taking testimony
within the United States shall be returned with
in three months from the day of their date ln-
less the distance exceed two hundred miles by
the usual mail route, in that case six months ;
and if not returned a rule or order may be Oh
tained for the return thereof, by such day as
may be limited, or, on application, such COM
mission shall be declared void and new COM
mission shall issue, or other order, as may appear
proper: Provided, that when such commission
shall not be SO returned it SHALL prinau fucie, be
considered the fault of the party who had the
carriage of said commission. Where a commis-
sion shall not be issued within fifteen days from
the date OF the order or argument for the same,
the complainant shall be subject to the rule for
further proceedings hereinafter mentioned. Other
commissions for taking testimony shall be sub
el.t 10 the e par
ticuar cases.


7. When any report of the auditor of the
Court shall have been fled and docketed, and
shall have lain in Court during the whole term,
the Court will, on application, act on the same;
but particular orders will be passed, if applied
for, as to such reports, on such notice or terms
as the Court may direct.


g. No final decree of partition or of dover
shall be made on the report of the commission
ers, unless such report shall have been filed and
shall have lain in the Office during one whole
term, or unless the parties shall have certified,
in writing, their appreciation of the report
Paocide0, howere,'. that at any time after filing
such report, any party may obtain an order for
ratifyng it, unless cause be shown at such time
and on such notice as may be directed


8. On motion or application, q decree will be
passed upon any fiual award, rendered by the
referees appointed by the Rule of Court, and
with the consent of parties: Procidea, such
award shall have been filed and docketcd, and
shall have lain in Court the first four days Of
term, and that no exception shall have been
made thereto; provided copy of the award
filed and dockete,, shall have been served on
the opposite party or his solicitor at least ten
days before such motion or application, and that
no exception shall have been filed to the award
10. Causes set down for hearing, and motions
for dissolving injuuctons, will be taken up on
application of either party, and without regard
to their numerical order the docket


IL. In cases where attachments are issued the
further process thereon must be required before
the commencement of the term next after the
return of such attachment, otherwise the party
must resort to new attachment. The like rule
Is to be observed as to orders of publication and
orders for taking bills pro coftcsso, under the
a It of 1890.


-. Under the act of 1920 chapter 161 the
proof of the right of the applicant, executor or
administrator, to appear, shall be an exempf-
cation OF the letters testamentaryscr of admins
tration, or an affidavit of the death of the party
and heirship 1where heirs are the applicants)-
;duu Ill duultlOu tO%tue dilludVlC OF ueaCn or the
party devisees applying shall exhibit certified
copy of the will under which they claim The
Court will order notice to be served on the op-
posite party of the admission of the personal
representatives, or heirs, Or devsees as parties
but such notice shall consist only in the copy Of
the order nisi admitting the said parties. In
such order the opposite party shall be allowed
fen days after service to show cause against the
admission.


IS. The absence Of counsel Except in cases
of sckness) or of party appearing without
counsel, shall not be considered as a ground Of
continuance or postponement and when two or
more solicitors appear for any party, the attend
ance of one solicitor, or his ability to attend,
shall be sufficient to prevent continuance or
postponement on account of the ABSENCE for any
cause whatsoever, of the other solicitors.


IA. No party nor his solicitor shall be bound
TO take notice of any rule order, made and
t.ocketed either i'll term or during vacation rea-
tive to any suit. unless a copy of such rule or
order be served on the said party or his solicitor
within four days after the passing or entering of
such rule or order, or as shall be by the Court
specially directed.


15 On any application for continuance for
want of testimony or any other cause, or on ap-
plication to open or remand comlnission or
to have a new commission issued for the purpose
Of taking further testimony, the opposite party
may require proof by affidavit otherwise of
the nature of the testimony wanted and of the
reasons which may have prevented its being
produced III time.


l6 On the suggestion of the death of Il party.
which would alale the suit tho same is to be