286 CONTEE v. DAWSON.—2 BLAND.

BLAND, C., 28th September, 1832,—It may be well here to
observe, that when an appeal is taken from any order or decree
of this Court, the original record itself remains here; and, as di-
rected by the Acts of Assembly, a transcript only is transmitted
to the Court of Appeals; nevertheless, as before that is done, the
party must put upon the record of this Court his prayer, or direc-
tion for an appeal, the Chancellor is thereby officially informed of
the fact. But, in such cases, where the Court of Appeals affirms
or reverses the order or decree of this Court, or remands the case, as
in this instance, with directions that further proceedings be had; or
where any thing is left open for the action of this Court, after the
decision of the Court of Appeals, it has always been usual,
and is deemed necessary and sufficient, as the original record
remains here, that the party who asks this Court again to
act, should do so by a petition, exhibiting therewith a copy
of the order or decree of the Court of Appeals, thus officially ap-
prising the Chancellor of what had been done in such a manner
as to enable him correctly to regulate his further proceedings ac-
cordingly. Attorney-General v. Scott, 1 Ves. 419; Dethick v. Brad-
bourne, T. Raym. 5; 1 Harri. Prac. Chan. 677; Bac. Abr. tit. Er-
ror, M. 2; Rawlings v. Stewa-rt, 1 Bland. 23, note; Brown, v.Brown,
1804, MS.; Dickson v. Haffner, 1807, MS. Upon this petition it is,
therefore, in obedience to the said decree of the Court of Appeals,

Ordered, that the said Eleanor Dawson, executrix of William
Dawson, deceased, on or before the 20th day of November next,
bring into this Court, the sum of $3,929, with interest thereon, un-
til paid in from the 22d day of January, 1823. That the term of
one year from the date of this order be and the same is hereby
limited, as the time within which the said James Dawson is allowed
to establish his claim, in this case mentioned, against the estate of
the late William Dawson. And that Eleanor Dawson, executrix
of William Dawson, be and she is hereby required, to render a full
account of the assets of the said William Dawson, which, since
the date of her second administration account have come, or shall
* hereafter come to her hands as executrix or otherwise, up
306 to the 20th day of November next. Provided, that a copy
of this order together with a copy of the aforegoing petition be
served on the said Eleanor Dawson, on or before the 20th day of
October next.

These parties afterwards, by their petition on oath, stated, that
the defendant Eleanor Dawson, had left this State; was then be-
yond sea; and the date of her probable return, or the certainty
that she ever would return, was not within their knowledge.
Whereupon they prayed, that the Court would direct that their
petition and the order thereupon should be published, warning the