ART. 16] PLEADING, PRACTICE AND PROCESS. 399

entries shall always show, as near as possible, the real condition and

progress of the proceedings.

This section referred to in deciding that where the same land is sold under
a mortgage and under a deed of trust by two different proceedings, and excep-
tions to the sale under the deed of trust are filed with the prayer that they
be taken as filed in the mortgage case also, the sale under the mortgage
should be ratified, there being no excepions filed thereto. Object of this
section. Forest Lake Cemetery v. Baker, 113 Md. 535.

1904, art. 16, sec. 132. 1888, art. 16, sec. 119. Rule 3.

141. All original proceedings in said courts shall be commenced by
bill, or by special case stated, as hereinafter provided for; the term
"bill" to embrace petition or information, where, by statute, or the
established practice, petition or information be proper.

Ibid. sec. 133. 1888, art. 16, sec. 120. Rule 4.

142. No order or process shall be made or issued upon any bill, peti-
tion or other paper, until such bill, petition, or other paper, together
with all the exhibits referred to as parts thereof, be actually filed with
the clerk of the court.

An order reversed for a failure to comply with this section. Chappell v.
Clark, 92 Md. 99; Chappell v. Clarke, 94 Md. 179.

This section referred to in deciding that where the same land is sold under
a mortgage and under a deed of trust by two different proceedings, and excep-
tions to the sale under the deed of trust are filed with the prayer that they
be taken as filed in the mortgage case also, the sale under the mortgage
should be ratified, there being no exceptions filed thereto. Object of this
section. Forest Lake Cemetery v. Baker, 113 Md. 535.

Ibid. sec. 134. 1888, art. 10, sec. 121. Rule 6.

143. All process, other than process to give notice to, or to procure
the appearance of defendants, shall be made returnable to the first day
of the term ensuing the date of such process; and all process that may
be issued for the appearance of parties, or to compel appearance, shall
be made returnable in the several counties on the first Monday of the
month ensuing the date of its issue, and in Baltimore city shall be made
returnable on the second Monday of the month ensuing the date of its
issue, but the plaintiff may, by special direction, require any process
to be made returnable at the return day next after the first return day
for such process ensuing the issuance of the same.

Ibid. sec. 135. 1888, art. 16, sec. 122. Rule 7.

144. Whenever a bill or petition is filed, the clerk shall issue the
process, or order of publication thereon, for the appearance of the
defendants, as of course; and whenever there are more than one defend-
ant, summons may, upon the special direction of the plaintiff, be sued
out separately for each defendant, except in case of husband and wife,
or a joint summons against all the defendants may be issued.

Ibid. sec. 130. 1888, art. 10, sec. 123. Rule 8.

145. The service of process to require appearance shall be by read-
ing the summons, or other writ or order, to the party to be served there-