(111 A.)

If

however, shall have the right to direct any properly have been included, it may be directparticular part of the proceedings of the ed by the Court of Appeals to be printed, on cause, that would otherwise be omitted, to be application of any of the parties, or of its incorporated in the transcript, the clerk stat- own motion, or such supplemental printing ing at whose instance the same is inserted, may be obviated by the use of the original that costs may be awarded, as the matter so transcript, when such use is authorized by directed to be incorporated may be deemed the court as being sufficient for the purpose material or not by the Court of Appeals. of the hearing and decision of the case. a party to the appeal shall fail to file a memorandum or reply statement, as provided by this rule, the clerk of this court shall omit from the record as printed all matter which the memorandum of the party acting under the rule shall have designated as proper to be so omitted. The provisions of this rule or of rule 12, shall not have the effect of extending the time limited by other existing rules for the transmission of records to this court.

12. (Code, Article 5, Sec. 35.) Whenever deeds, records or other documentary evidence are used in any equity cause, the purport and substance only of such deeds, records or other instruments shall be stated, and they shall not be set out in full in any case, except where some question arises upon the construction or validity thereof, and transcripts of records in equity causes shall be prepared in accordance with this rule. Any party to the appeal, however, shall have the right to direct any or all of such documentary proof to be inserted at length. the clerk stating at whose instance the same is so inserted that costs may be awarded as the matter so incorporated may be deemed proper or not, by the Court of Appeals, to have been set out in full.

13.

14.

When the questions presented by an appeal can be determined by the Court of Appeals without an examination of all the pleadings and evidence, the parties, with the approval of the circuit court or the judge thereof, may prepare and sign a statement of the case showing how the questions arose and were decided and setting forth so much only of the facts alleged and proved, or sought to be proved, as is essential to a decision of such questions by the appellate court. Such statement, when filed in the office of the clerk of the circuit court, shall be treated as superseding, for the purposes of the appeal, all parts of the record other than the decree from which the appeal is taken, and, together with such decree, shall be copied and certified to the appellate court as the record on appeal.

APPEALS FROM THE ORPHANS'
COURTS.

15. (Code, Article 5, Sec. 62.)

Before the transcript of the record is transmitted to this court, and at least ten days before the beginning of the term of this court to which the record is to be transmitted, unless a shorter time prior thereto shall be agreed upon by the parties, the appellant may file with the clerk of the court from which the appeal is taken, to be attached to the transcript, a memorandum designating such portions of the record as the appellant may consider unnecessary to be included in the printed record in this court, and a similar right may be exercised by the appellee, provided that either party exercising such right shall forthwith serve a copy of the All appeals allowed from orders or decrees memorandum so filed, upon the solicitor of of the orphans' courts to the Court of Apthe opposite party, who shall file within five peals, shall be taken and entered within days thereafter, or within a shorter time if thirty days after such order or decree apagreed upon by the parties, a statement indi-pealed from; and the register of wills shall cating the extent to which, if at all, the proposal embodied in the memorandum filed by the other party to the appeal is assented to, and if no such reply statement is filed within the time prescribed, the proposed omissions from the printed record shall be regarded as having been assented to as a whole. The clerk of this court shall cause to be omit-rated. ted from the record as printed all matter

make out and transmit to the Court of Appeals, under his hand and the seal of his office, a transcript of the record of proceedings in such case, within thirty days after the appeal prayed; but in such transcript no paper or proceeding, not necessary to the determination of the appeal shall be incorpo

OF THE LAND OFFICE.

16. (Code, Article 5, Sec. 83.)

which the memoranda and statements filed APPEALS FROM THE COMMISSIONER by the parties shall agree in designating as not necessary to be printed, and in the particulars in which the memoranda and statements do not so agree, he shall note at whose instance the matter is included in the printed record. If it shall subsequently develop that any portion of the transcript, which has been omitted from the record as printed, should

All appeals allowed from the judgments or orders of the commissioner of the land office, shall be taken within two months from the date of the judgment or order appealed from, the party appealing filing at the time of

in his return thereto, transmit to the Court of Appeals only so much of the proceedings remaining of record in the inferior court as may be necessary to correct the alleged errors or defect in the transcript first sent to the Court of Appeals.

such appeal the ground or reasons therefor;, court, to which the writ may be sent, shall, and thereupon it shall be the duty of the said commissioner to make out, under his hand and the seal of his office, and transmit to the Court of Appeals, a transcript of the record of proceedings in such case, within sixty days from the time of the appeal taken, but in such transcript no paper or proceedings, not necessary to the determination of the appeal, shall be incorporated.

RELATING TO APPEALS GENERALLY.

17. (Code, Article 5, Sec. 39.)

Upon any appeal being taken in a court of law or equity, or application to take up the record as upon writ of error allowed, the

clerk of such court shall make out, and transmit to the Court of Appeals, a transcript of the record of proceedings, under the seal of his office, in accordance with the foregoing rules, and within the time therein prescribed, and upon the receipt cf such transcript, the clerk of the Court of Appeals shall enter the case upon his docket as of the term next after the receipt of such transcript, unless required to be placed upon the docket of the term during which it is received by the rules

of this court or some statute.

18. (Code, Article 5, Sec. 40.)

No appeal shall be dismissed because the transcript shall not have been transmitted within the time prescribed, if it shall appear to the Court of Appeals that such delay was occasioned by the neglect, omission or inability of the clerk or appellee; but such neglect, omission or inability shall not be presumed, but must be shown by the appel

lant.

19. (Code, Article 5, Sec. 42.)

In all cases of cross-appeals, or of more than one appeal being entered in the same case from any judgment, decree or order, there shall be but one transcript of the record transmitted to the Court of Appeals, and that shall be used upon the hearing of all such appeals. In cases arising under this rule, the appellate court shall have power to award costs, including the cost of transmitting the record, to either of the parties in its discretion, or the costs may be apportioned as the said court may deem just.

20. (Code, Article 5, Sec. 43.) Whenever a case has before been in the Court of Appeals, there shall be copied into the transcript, upon any subsequent appeal, only the proceedings occurring in the Court below subsequent to the former appeal.

21. (Code, Article 5, Sec. 48.)

In all cases where a writ of diminution shall be issued, the clerk of the inferior

22. (Code, Article 5, Sec. 68.)

The appeal allowed by section 374 of article 23 of the Code of Public General Laws, shall be taken within thirty days from the date of the judgment or determination of the court appealed from; and the transcript of the record shall be transmitted to this court within 30 days from the day of the appeal entered.

23. (Code, Article 5, Sec. 69.)

The appellant or appellants, if the defendant or defendants in the cause, upon praying such appeal, in order to stay the execution or enforcement of the judgment appealed from, shall tender and file in the cause an appeal bond, in such form and with such sureties, as may be approved by the court, the penalty in such bond not to exceed, in any case, the sum of ten thousand dollars.

24. (Code, Article 5, Sec. 49.)

All appeals shall be brought into this court by transcripts of the records of the courts below, as contemplated by the Constitution, and shall be made up as directed by the rules of this court and by statute. Before the clerk shall be required to have any transcript in any civil case printed, the appellant or appellants shall, upon being informed of the amount of the cost, pay or secure to be paid to the clerk the amount of such cost, so that the clerk shall not be required to pay out money for printing and incur the risk of loss in not being able to collect the cost from the parties from whom it may be due, after the work is done. And if there be crossappeals, or more than one appeal, embraced in one transcript, the cost shall be duly apportioned; and no appeal shall be considered as ready for hearing until this rule shall be complied with by the appellant or appellants. But nothing herein contained shall be taken to prevent the appellee from having the appeal dismissed, or the judgment, order or decree affirmed, under rule of court, for failure on the part of the appellant to have the appeal ready for argument.

APPEALS IN CRIMINAL CASES.

25.

Section 1. In criminal cases an appeal or writ of error allowed by law shall be taken within thirty days from the date of judgment or sentence, and a transcript of the record shall be forthwith transmitted to this court,

Md.)

(111 A.)

26.

and the case shall be heard at the earliest, APPEALS FROM PRO FORMA ORDERS. convenient day after the record is transmitted to this court, either during the term at which the transcript is received or at the first term thereafter unless continued for

This court will not entertain or consider

any appeal taken from a pro forma order, decree or judgment, but will treat every such appeal as prematurely taken, and will dismiss the same whenever it appears on the face of the record, or otherwise, that the appeal is from such pro forma order, decree or judgment.

Rules Specially Applicable to Practice in the Court of Appeals of Maryland, Adopted by said Court, in Effect March 1, 1920

DOCKETS.
27.

Section 1. In preparing the court docket for each term, the clerk shall place the cases on said docket in the order in which the transcripts of record are received by him, without regard to the judicial circuits from which they are received, unless otherwise ordered by the court.

Sec. 2. Two weeks before the beginning of each term he shall have printed the court docket, consisting of all cases filed by that time which have not been heard, including those continued from the previous term and those ordered to be re-argued, which docket | shall be sent to attorneys as the preliminary dockets have heretofore been sent; and all cases afterwards received, before the beginning of the next term, shall be added to

said docket in the above order.

Sec. 3. The clerk shall not place upon the court docket of either of the terms of this court any case unless the record therein shall have been actually filed in his office before the first day of such term; and all records filed on or after the first day of the term shall be placed on the docket of the next succeeding term; provided, however, that nothing in this rule contained shall apply to cases or appeals allowed under sections 31 and 42 of article 5 of the Code of 1911, or to any other cases or appeals where, by statute or the rules of this court, the appeal may be heard during the same term to which the record shall be transmitted.

28.

Beginning the first Tuesday of each term, cases will be called for argument in their numerical order, as they appear on the court docket. No more than five cases will be called for argument on any one day, nor will any case be taken up out of its course in prejudice to the call of any subsequent case, unless entitled to a preference by law, or for sufficient cause appearing to the court; and

all cases reached in the regular call of the docket must be finally disposed of unless continued or postponed for cause shown, or by consent of the parties.

29.

Cross-appeals, and writs of error by both parties, will be called and heard at the same time, and will be regarded as one case in making assignments under rule 28.

CONTINUANCE.

30.

No cases will be continued for more than two terms without the mutual consent of the parties in open court, or their written order to that effect, and if any case be so continued, it must be argued or submitted during the third term after the transmission of the record, unless by leave of court it be continued to a subsequent term. Unless such leave be obtained, the case shall not be placed on subsequent court dockets without an order of the court, and upon the expiration of three terms of court after it is so dropped the appeal shall be dismissed, unless otherwise ordered by the court, before the expiration of the third term.

COUNSEL, APPEARANCES, ETC.

31.

Section 1. Upon the filing of the transcript of a record brought up by writ of error or appeal, the appearance of the counsel who appeared below shall be entered, excepting of such as have directed their appearance to be stricken out in the court below, as shown by the record, or have ordered the clerk of this court not to enter their appearance, and other appearances may be entered on the written order of counsel filed with the clerk of this court.

Sec. 2. Where no counsel appears, and no brief has been filed for the appellant or plaintiff in error, when the case is called for

argument the appellee, or defendant in error,, notice at the office of the attorney to whom it may have the appellant, or plaintiff in error, called and the appeal or writ of error dismissed, or may have an affirmance of the judgment, order or decree.

(111 A.)

the other side-the cost of printing the same to be taxed against and recovered from the party in default.

39.

Briefs furnished in conformity with the preceding rule must contain an abstract of the case and a full and explicit statement of the several points relied on, with the authorities sustaining them, accurately cited and distributed under their proper heads.

REARGUMENT.
43.

Section 1. No motion for reargument will be entertained unless a petition, distinctly stating the grounds for the same, be filed within thirty days after the opinion of the court has been delivered; and no reargument will then be allowed unless a majority of the judges who concurred in the opinion consent to it. An opportunity will be given the opposite party to file a reply to such motion, if any member of the court who conthe opposite party to file a reply to such motion is acted on.

Sec. 2. A motion for a reargument shall not prevent the issuance of a fieri facias, or other writ, or otherwise stay the proceedings, unless so ordered by the court.

Sec. 3. No writ shall issue, or other proceedings be taken (excepting remanding the cause) within thirty days from the time the opinion is delivered without leave of the court.

40. (Code, Article 5, Sec. 51.) Either party may file written or printed arguments in any cause pending in the Court of Appeals, but the cost of such arguments shall not be taxed as part of the cost of the cause excepting as provided for in rule 38. A sufficient number of printed copies of the argument shall be furnished for the court, the counsel concerned, the reporter and the clerk. If the party filing the argument think proper, he may have the printing done on the best terms he can make; provided it be in good, clear, readable type; but if the clerk of the Court of Appeals be required to have NO ORIGINAL PAPER TO BE DELIVERED the argument printed, he shall be entitled to charge therefor the actual cost of printing the same, and be entitled to demand the amount of said cost before having the same printed. But in no case shall a brief or argument be received, either through the clerk or otherwise, after the cause has been argued or submitted, unless it be upon special leave granted in open court, after notice to opposing counsel.

41.

Section 1. Not more than two counsel will be permitted to argue any case on the same side, nor will they be allowed more than forty-five minutes each, unless for reasons appearing before beginning the argument the court grants a longer time-provided, however, that when only one counsel appears for the appellee, counsel for the appellant shall be allowed forty-five minutes in opening and thirty minutes in closing, and when one counsel appears for the appellant and two for the appellee the appellant's counsel may have forty-five minutes in opening and forty-five minutes in closing.

Sec. 2. When no oral argument is made for one side, only one counsel will be heard for the adverse party.

42.

In cases of cross-appeals, or writs of error by both sides, the counsel for the appellant, or plaintiff in error, first in order on the docket will open the argument, and conclude after an opening by the counsel for the appellant, or plaintiff in error, in the second appeal, after which the counsel for the appellant or plaintiff in error in the second appeal will conclude.

BY CLERK.

44.

The opinions of the court, filed with the clerk, will be delivered by him to the reporter when required for printing in the State Reports, and transcripts of records will be delivered by him to the printer for printing the records, but they shall be returned as speedily as possible to the clerk for preservation. The clerk will deliver no other original paper out of his office without leave of the court.

DIMINUTION.
45.

No writ of diminution will be hereafter granted, unless a motion therefor shall be made in writing, stating the facts on which the same is founded, and if such facts are not admitted by the counsel for the other party, they shall be verified by the affidavit of the counsel for the party making such application. Said application shall also state that the correction is in the opinion of counsel for the party applying for said writ necessary to the trial of the merits of the case, that it cannot be had without said writ of diminution and that the suggestion is not made for the purpose of delaying the argument of the case.

46.

No case will be postponed or continued on account of any diminution alleged to exist in the transcript of a record, unless the court be satisfied that there was no unreasonable delay in making application for the writ, and that the additional record cannot be supplied in time for argument, and in such case the court may, in its discretion, direct the argument to proceed and permit the additional