Year: 1860

RU LES


FOR THE GOVERNMENT OF THE CIR


CUT COURT FOR CHARLES COUNTY,


SITTING AS COURT OF EQUITY.


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


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


g. 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 filed by Solicitor
of the Court, or if delivered by the person to
be filed.


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


= 5. A complainant or defendant, or solicitor of
either of them, giving his 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.


g. Commissions issued for taking testimony
within the United States, shall be returned with
in three months from the day of their date, IN
less the distance exceed two hundred miles by
the usual mail route in that case six months :;
and if not returned, rule order may be OBJ
! tanned for the return thereof, by such day as
may be limited, or, on application, such CON-
mission shall be declared void and new COM
mission shall issue, or other order, may appear
proper :: Prouidez that when such commission
shall not be SO returned it SHALL prinaa facie, be
considered the fault Of the party who had The,
carriage of said commission. Where cona1fs
sion shall nottbe issued within ffteensd day -
date Of tha - the
the complainant shall be subject to the rule for
further proceedings hereinafter mentioned. Other
commissions for taking testimony shall be sub
iect to the special order of the Court in the par
ticular cases.


7. When any report of the Auditor of the
Court shall have been filed and docketed, and
shall have lain in Court during the whole tern
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.


s. 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 !;
Provided, ho,cecer. that at any time after filing
such report any party may obtain an order for
ratifying it, unless cause be shown at such time
and on such notice may be directed.


9. On motion or application, decree will be
passed upon any final award, rendered by the
referees appointed by the Rule of Court, and
with the consent of parties: Prorided, such
: award shall have been filed and docketed, and
shall have lain in Court the first four days of a
term, and that no exception shall have been
made thereto; or provided a copy of the award
filed and dockcted, 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 dssolving injunctions will be taken up on
application of either party, and without regard
to their numerical order on the docket
= H. 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
i to be observed as to orders Of publication and
orders for taking bills pro confesso, under the
q of 1899.


~. Under the act of 1920, chapter 161, the
proof of the right of the applicant, executor or
administrator, to appear, shall be an cxempllf-
cation of the letters testamentary or of admins
tration or an affidavit of the death of the party
and heirship (where heirs are the applicants =
and in addition to the affidavit of death of 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 devisees as parties
but such notice shall consist only in the copy OF
the order 7atsi admitting the said parties. In
such order the opposite party shall be allowed
ten days after service to show cause against the
- admission.


Is. The absence of counsel Except in cases
of sicknessl or of a party appearing without
COUNSEL shall not be considered as 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 or order, made and
a.ocketed either in term or during vacation, rela-
- tive to any suit, unless 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, shall be by the Court
specially directed


Is. On any application for continuance for
want of testimony or any other cause, or on ap-
plication to open or remand commission, or
to have a new commission issued for the purpose
of taking further testimony, the opposite party
may require proof Ivy affidavit or otherwise, of
the nature Of the testimony wanted and Of the